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Under Kansas law does possession of one gram of ...

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Under Kansas law does possession...
Under Kansas law does possession of one gram of cocaine presume intent to sell or must intent be proven?
Submitted: 9 years ago.Category: Criminal Law
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1/5/2008
Criminal Lawyer: 4ren6, Forensics/Criminal Investigation replied 9 years ago
4ren6
4ren6, Forensics/Criminal Investigation
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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.
http://www.ksrevenue.org/faqs-abcdrugtax.htm


4ren6
4ren6, Forensics/Criminal Investigation
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Customer reply replied 9 years ago
You confirmed what we had been told.
Code seems very unfair to presume as drug dealer by amount only.
Criminal Lawyer: 4ren6, Forensics/Criminal Investigation replied 9 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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