Wichita Bail Bonds Blog

The mandatory minimum sentence for drug possession in Kansas depends on the type of drug, the amount, and whether it’s your first offense. Kansas uses a sentencing grid system that considers both the severity of the crime and your prior criminal record. While some first-time offenders may receive probation, others face mandatory jail or prison time, especially for felony possession of controlled substances like methamphetamine, cocaine, or heroin.

Kansas Drug Possession Laws Overview

Drug possession is prosecuted under K.S.A. 21-5706. The law separates controlled substances into different schedules, and the penalties increase for more dangerous drugs. Marijuana possession is treated as a misdemeanor for small amounts, while most other drugs are felonies.

• Marijuana (small amount, first offense) – Class B misdemeanor, up to 6 months in jail.
• Marijuana (second offense) – Class A misdemeanor, up to 1 year in jail.
• Controlled substances (like meth or cocaine) – Level 5 drug felony, with possible mandatory minimum time in prison.

Mandatory Minimum for Felony Drug Possession

For possession of controlled substances such as methamphetamine, heroin, or cocaine, Kansas classifies the offense as a Level 5 drug felony. The mandatory minimum sentence depends on the offender’s criminal history score under the Kansas Sentencing Guidelines.

• First offense (no prior felonies) – Often eligible for probation or drug treatment under SB 123, but some cases still carry a minimum of 10–14 months in prison if probation is denied.
• Repeat offenders – Can face 30 months or more, depending on prior convictions.
• Mandatory post-release supervision – After serving time, offenders remain under supervision for 12–24 months.

Kansas Senate Bill 123 (SB 123) Drug Treatment Program

Many first-time nonviolent drug offenders qualify for treatment instead of prison under the SB 123 program. This allows eligible defendants to avoid the mandatory minimum by completing court-ordered substance abuse treatment and probation.

• Eligibility – First-time drug possession offenders with no violent or high-level felony history.
• Alternative to prison – Requires completion of treatment, regular testing, and counseling.
• Failure to complete – Leads to reinstatement of the prison sentence.

Factors That Affect Sentencing

Judges in Kansas use a sentencing grid that accounts for the defendant’s prior record and offense level. Aggravating factors, such as possession near a school or intent to distribute, can increase penalties and remove probation eligibility.

• Prior convictions – Each prior felony raises the mandatory minimum term.
• Drug type – Harder drugs like meth or heroin carry higher penalties.
• Intent to distribute – Upgrades the charge to a higher-level felony with longer prison time.

Probation & Diversion Options

While not everyone qualifies, some defendants may receive probation or diversion instead of mandatory prison time. These programs are designed for low-risk, first-time offenders who show willingness to undergo treatment.

• Probation terms – Usually last 12–18 months with drug testing and counseling.
• Diversion agreements – Can dismiss charges after successful completion.
• Noncompliance – Violating terms can reinstate the mandatory prison sentence.

In Kansas, felony drug possession carries a mandatory minimum of around 10 to 14 months in prison for repeat offenders, while first-time offenders may qualify for probation or treatment through SB 123. The actual sentence depends on the type of drug, criminal history, and eligibility for alternatives.