WHAT IS POSSESSION OF A CONTROLLED SUBSTANCE?
In general, you can be convicted of possession of a controlled substance if you possess any illicit drug such as marijuana, meth, cocaine, heroin, or their chemical analogs. The penalty may be a felony or misdemeanor, depending on the quantity of the item possessed and the nature of the item possessed.
WHAT IS POSSESSION OF PARAPHERNALIA?
Kansas defines paraphernalia as any item used to manufacture, cultivate, plant, propagate, harvest, test, analyze, distribute, store, contain, conceal, inject, ingest, inhale or otherwise introduce a controlled substance into the human body. Essentially, any item that comes in contact with a controlled substance may be considered paraphernalia. The penaly range of this charge depends on several factors and may be either a felony or a misdemeanor.
The most common items are:
- Bongs, pipes, or syringes
- Rolling papers
HOW CAN I BE CHARGED WITH DISTRIBUTION?
Charges for distribution of a controlled subtance may arise on the intent to distribute or physical sale of substances. These are the stereotypical cases with evidence of actual sales ranging from controlled buy scenarios, use of confidential informants, or witness testimony.
However, you may be charged with distribution of a controlled substance if you are found to be in possession of a certain amount of a controlled substance. You and your attorney may present a defense to this type of charge that the amount was for personal use. But, the statute provides the government with a rebuttable presumption that larger quantities were for distribution purposes.
The penalties for this charge ranges from misdemeanors up to high level felonies.
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