Topeka Drug Crimes Attorneys 

Penalties for Drug Crimes in Kansas

Kansas enforces some of the most stringent penalties for drug-related offenses. These penalties are governed by the Kansas Sentencing Guidelines, which use a comprehensive drug severity level grid to determine punishment. Below is a detailed breakdown of penalties by offense category.

Manufacturing

Manufacturing controlled substances in Kansas carries severe consequences, with penalties escalating based on the drug's type and quantity. The state categorizes charges into drug severity levels, ranging from Level 5 for less serious offenses to Level 1 for the most serious.

Manufacturing charges involving large quantities (e.g., over 1 kilogram of methamphetamine or 30 kilograms of marijuana) fall under Level 1. This is punishable by up to 204 months in prison and a fine of up to $500,000. Lesser quantities or substances with less harmful classifications result in lower severity charges, but all manufacturing offenses are felonies. 

Possession

Simple possession of small amounts of controlled substances (e.g., less than 3.5 grams of cocaine or methamphetamine) is typically a Level 5 or Level 4 felony. Fines may reach $100,000, and convicted offenders face up to 42 months of confinement for repeat offenses. First-time possession offenders may qualify for probation as an alternative to prison through programs like SB 123.

However, possession of larger amounts may invoke a presumption of intent to distribute, escalating charges to distribution or trafficking based on quantity. Kansas also enforces enhanced penalties for third or higher possession offenses, with sentences increasing and fewer allowances for alternatives to incarceration.

Selling

Selling drugs is one of the most heavily penalized offenses in Kansas, with punishments closely tied to the quantities sold and the schedule of the drug. For the sale or distribution of up to 3.5 grams of methamphetamine, cocaine, or heroin, offenders face Level 3 felonies, which carry sentences of up to 83 months in prison and fines of up to $300,000.

Larger transactions involving quantities exceeding 1 kilogram are classified as Level 1 felonies, punishable by up to 204 months in prison and a $500,000 fine. The law imposes additional restrictions, such as denying probation in high-priority cases, including those with substantial quantities or involving drug sales near schools.

Distribution

Distribution encompasses a wide range of activities, from giving away drugs to operating major trafficking networks. Penalties for distribution are proportionate to the type and quantity of drugs involved. For example, distributing between 3.5 grams and 100 grams of heroin or methamphetamine is classified as a Level 2 felony, with sentences of up to 144 months and fines up to $500,000.

Larger operations involving 100 grams or more elevate charges to Level 1, carrying the maximum penalties under Kansas law. Distributing any controlled substance within 1,000 feet of a school property also results in an increased severity level, leading to harsher sentencing.

Possession of Paraphernalia 

Penalties for possessing paraphernalia depend on the item’s intended use and its connection to drug-related activities. Possessing items such as pipes, syringes, or rolling papers are generally treated as a misdemeanor offense. A misdemeanor charge can still result in fines, probation, or even jail time, depending on the circumstances and prior offenses. 

Possession of paraphernalia associated with manufacturing or distributing controlled substances is considered a much more serious crime. These items may include tools or equipment used in the production or packaging of controlled substances, such as scales, baggies, or laboratory equipment. Offenses of this nature can carry felony charges.

Possession of Drug Precursors 

Kansas law also prohibits the possession of certain drug precursors — chemicals or materials used in the production of controlled substances. Commonly restricted precursors include substances linked to the manufacturing of methamphetamine and other illegal drugs.

Possession of drug precursors is a serious offense, as it suggests an intent to engage in the production of controlled substances. Depending on the circumstances, this crime can result in felony charges, carrying significant penalties such as imprisonment and substantial fines.

What Happens After a Drug Arrest 

When someone is arrested for a drug-related offense in Topeka, their case enters a legal process. While drug courts offer specialized programs for some cases, many will proceed through the traditional court system. Here’s a step-by-step guide to what happens after an arrest for a drug offense in Shawnee County.

1. Arrest and Booking: After your arrest, you'll be processed by law enforcement and may be held in custody or released on bail.
2. Arraignment:  At your first court appearance, charges are formally presented. You'll enter a plea of guilty, not guilty, or no contest. This is when eligibility for diversion programs, such as drug court, might be considered.
3. Drug Court Eligibility (If Applicable): Non-violent offenders with substance use issues may qualify for a program offering treatment-focused alternatives to traditional prosecution.
4. Pre-Trial Phase: If your case stays in the traditional system, negotiations for plea agreements and evidence review occur during this phase. Plea deals may resolve the case without trial.
5. Trial:  If no agreement is reached, your case goes to trial, where both sides present evidence. A judge or jury determines guilt.
6. Sentencing:  If convicted, punishments may include probation, fines, treatment programs, or imprisonment.

The Impact of a Drug Conviction on Your Future 

A drug conviction doesn’t just affect your record — it can ripple through every aspect of your personal and professional life. 

• Employment and Professional Licenses - Many employers conduct background checks, and a drug conviction can disqualify you from job opportunities. Certain professional licenses may also be revoked. 
• Housing- Past convictions can prevent you from renting or buying a home, as landlords and lenders may reject applicants with criminal records. 
• Child Custody - A conviction can impact your parental rights during custody disputes, with courts deeming you unfit for primary care. 
• Education and Financial Aid - Convictions for drug crimes may disqualify you from receiving federal financial aid, limiting your ability to further your education. 

Fighting for Your Rights, Your Freedom, Your Future 

We’ve dedicated our careers to defending individuals facing drug charges in Topeka and across Kansas. Here’s why you should trust us to handle your case. 

• Free Consultation. Start your defense today without financial pressure. 
• Ready to Take on Complex Cases. We have the resources and determination to handle even complicated drug crime cases. 
• 130+ Years of Combined Experience. Our team brings decades of combined experience fighting to protect our clients. 
• Award-Winning Recognition. We’ve been named in Best Lawyers® Best Law Firms and recognized by Kansas Super Lawyers®. 
• Serving All of Kansas. From Topeka to Junction City, Manhattan, Salina, and beyond, we’re here to help. 
• Video Consultations Available. Flexible and convenient options to discuss your case. 

Arrested for a drug crime? Don’t face the legal system alone. Call (785) 200-9465 or reach out online for a free consultation.