Wichita Bail Bonds Blog

The length of a drug sentence in Kansas depends on the type of drug, the amount involved, and the level of the offense under state law. Kansas uses a structured sentencing grid that classifies drug crimes from Level 1 to Level 5 felonies, with Level 1 being the most severe. Sentences can range from probation for minor possession to more than 17 years in prison for large-scale trafficking or manufacturing.

How Kansas Classifies Drug Crimes

Drug crimes in Kansas are divided into two main categories, drug possession and drug distribution or manufacturing. Each category has different penalties and sentencing ranges based on severity and intent.

• Possession offenses – Involve having illegal drugs for personal use.
• Distribution or manufacturing offenses – Involve selling, producing, or transporting drugs, which carry much harsher penalties.

Felony Drug Levels And Typical Sentences

Kansas uses five felony levels for drug crimes under the Kansas Sentencing Guidelines Act (KSGA). The sentence depends on the felony level and the defendant’s prior criminal history score.

• Level 1 drug felony – The most serious charge, often involving large-scale manufacturing or trafficking of drugs like methamphetamine or cocaine. Sentences range from 138 to 204 months (about 11 to 17 years) in prison and fines up to $500,000.
• Level 2 drug felony – Involves the distribution or intent to distribute smaller quantities of controlled substances. Sentences range from 92 to 144 months (about 8 to 12 years) in prison and fines up to $500,000.
• Level 3 drug felony – Usually related to possession with intent to distribute or manufacturing small amounts. Sentences range from 46 to 83 months (about 4 to 7 years) in prison and fines up to $300,000.
• Level 4 drug felony – Often charged for repeat possession or lesser intent-to-distribute offenses. Penalties range from 14 to 51 months (just over 1 to 4 years) and fines up to $100,000.
• Level 5 drug felony – The least severe felony drug offense, usually first-time possession of a small amount of controlled substances. Sentences can be as low as 10 to 42 months and may allow for probation instead of prison.

Misdemeanor Drug Offenses

Not all drug crimes are felonies. Minor marijuana possession or possession of drug paraphernalia for personal use is usually a misdemeanor.

• First offense possession – Up to 1 year in county jail and fines up to $2,500.
• Second offense – Can be elevated to a felony depending on the substance and prior record.

Factors That Affect Drug Sentencing

Some factors influence how long a sentence may be.

• Type and quantity of drugs involved.
• Intent, in case of personal use or distribution.
• Location of the crime, such as near schools or public facilities.
• Criminal history and prior convictions.
• Cooperation with law enforcement or acceptance of plea deals.

Alternatives To Prison

Kansas courts often allow nonviolent or first-time offenders to enter treatment-based programs instead of serving long prison terms.

• Drug treatment programs – Court-supervised rehabilitation focused on addiction recovery.
• Diversion – Allows charges to be dismissed after completing treatment and community service.
• Probation – Supervised release with strict compliance rules in place of incarceration.

The length of a drug sentence in Kansas varies based on the type of crime and the defendant’s background. While serious drug felonies carry long prison terms, first-time offenders often have options for probation or treatment that can prevent long-term incarceration.