Wichita Bail Bonds Blog

The class of felony for drug possession depends on the type of drug, the amount involved, and any prior convictions. In Kansas, possession charges are classified under the state’s controlled substances laws, and the severity ranges from a misdemeanor to a Level 4 or Level 5 felony depending on the substance and circumstances. These levels determine the potential penalties and sentencing guidelines used by Kansas courts.

First-Time Drug Possession (Simple Possession)

For a first-time offense involving personal-use amounts of controlled substances such as methamphetamine, cocaine, heroin, or similar drugs, Kansas law classifies possession as a Level 5 drug felony. This is the least severe felony level for drug crimes, but it still carries serious penalties.

• Level 5 felony penalties – 10 to 42 months in prison and fines up to $100,000, though many first-time offenders may qualify for probation or diversion instead of jail time.
• Marijuana possession (first offense) – Usually a Class B misdemeanor, punishable by up to 6 months in jail and fines up to $1,000.
• Second marijuana offense – Upgraded to a Class A misdemeanor, with up to 1 year in jail and fines up to $2,500.

Possession With Intent to Distribute

If the quantity of drugs indicates intent to sell, distribute, or manufacture, the charge becomes far more serious. Kansas classifies these crimes as Level 1 to Level 4 drug felonies, depending on the type and weight of the substance.

• Level 1 felony – The most serious, involving large quantities or manufacturing; punishable by 138 to 204 months in prison and fines up to $500,000.
• Level 4 felony – Smaller-scale intent to distribute; punishable by 14 to 51 months in prison and fines up to $300,000.

Aggravating Factors

Penalties increase for repeat offenders, distribution near schools or parks, or possession involving weapons. Prior convictions can elevate a Level 5 felony to a higher sentence range or result in mandatory prison time rather than probation.

Diversion & Probation Options

Many first-time offenders in Kansas may qualify for a diversion program or probation, allowing them to avoid a conviction if they complete court-ordered treatment, testing, and supervision successfully. Upon completion, the case may be dismissed, and they can later apply for expungement to clear the record.

In Kansas, drug possession is typically a Level 5 felony for controlled substances and a misdemeanor for marijuana, depending on the amount and history. More serious offenses involving intent to distribute are charged as Level 1 to Level 4 felonies with much harsher penalties.