Wichita Bail Bonds Blog

The amount of drugs considered for personal use depends on the type of drug and state laws. In most cases, personal use refers to a small amount intended for one person’s immediate consumption, not for sale or distribution. There is no single national limit, but states often define specific weight ranges to separate personal possession from trafficking or intent to sell.

Marijuana

For marijuana, most states treat under 1 ounce (28 grams) as personal use. Some states have legalized small amounts, while others still classify it as a misdemeanor.

• Under 28 grams (1 ounce) – Usually considered personal possession.
• Over 28 grams – May be viewed as intent to distribute, especially if packaged in multiple bags.

In Kansas, any amount of marijuana is illegal. Possession of even a few grams can result in a misdemeanor, while larger amounts can lead to felony charges.

Cocaine, Methamphetamine, or Heroin

Hard drugs like cocaine, meth, or heroin have much smaller thresholds for personal use. Even fractions of a gram can lead to felony charges in most states.

• Less than 1 gram – Usually treated as personal use in many states.
• 1 to 3 grams – May still qualify as possession, but prosecutors can argue intent to sell if packaging or scales are found.
• Over 3 grams – Often presumed to be distribution or trafficking, depending on the drug type.

Prescription Drugs

Possessing prescription medication without a valid prescription such as oxycodone or Xanax is also illegal. Even one or two pills can count as possession, though large quantities may indicate distribution.

How Police & Courts Decide

Weight isn’t the only factor used to decide if drugs are for personal use. Courts also look at,

• How the drugs are packaged (single bag vs. multiple small bags)
• Presence of scales, baggies, or cash
• Statements made during arrest
• Drug purity and surrounding evidence

Someone caught with a small amount but with distribution tools may still face intent-to-sell charges.

Penalties for Possession

Even small amounts can lead to jail, fines, and probation. In Kansas, simple possession of controlled substances other than marijuana is a Level 5 felony, carrying possible prison time depending on your criminal history.

Personal use typically means under 1 ounce (28 grams) of marijuana or less than 1 gram of harder drugs. Anything above those amounts or packaged for sale can result in felony charges for intent to distribute.