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4ren6, Forensics/Criminal Investigation
Category: Criminal Law
Satisfied Customers: 4794
Experience:  Over 20 years of Law Enforcement. Sworn expert witness in Criminal and Civil Law.
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Under Kansas law does possession of one gram of ...

Customer Question

Under Kansas law does possession of one gram of cocaine presume intent to sell or must intent be proven?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  4ren6 replied 8 years ago.
It could be either. Most often they would have to show intent. Such as it being bagged in smaller packages. However, the codes do state the following. (Kansas has some really odd drug laws from my research on this).

An individual is classified as a drug dealer and is liable for the payment of drug taxes if he/she manufactures, produces, ships, transports, or imports into Kansas or possesses:

  • more than 28 grams of marijuana (processed or marijuana plants)or
  • 1 gram of controlled substance or 10 or more dosage unites of a controlled substance (K.S.A. 79-5201)
Cocaine is a schedule II controlled substance. They could also be charged with Federal Charges vs State.

4ren6 and 3 other Criminal Law Specialists are ready to help you
Customer: replied 8 years ago.
You confirmed what we had been told.
Code seems very unfair to presume as drug dealer by amount only.
Expert:  4ren6 replied 8 years ago.
I researched this for quite awhile...........Kansas has some of the oddest codes on drugs that I have seen. It really depends on how it was packaged..........prior convictions and what the prosecution is wanting to do. Glad to be of help. Let me know if i may further assist you.

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