Kansas City Drug Crimes Defense Attorneys
At SRC Law Group, LLC, our drug crime lawyers have more than 25 years of combined legal experience. We have spent decades on both sides of the courtroom, ranging from prosecution to defense by trial. We proudly represent people charged with drug crimes such as drug possession, possession of paraphernalia and more in surrounding counties of the Kansas City area.
What Makes Our Drug Defense Attorneys the Right Choice for You?
Results-Oriented Legal Counsel
Free Initial Consultations
There Is No Such Thing as a Minor Drug Conviction.
Even if you do not go to jail, any drug conviction will result in a permanent criminal record that may follow you around for the rest of your life. That record could prevent you from obtaining student loans or finding a good job.
Questions about your rights or defense options? Need to speak with a professional about your drug crime matter? Call our office at (913) 948-9311 to get started.
Prior Drug Prosecution Experience Can Work to Your Advantage
Table of Contents
FEDERAL DRUG CRIMES
- What makes a drug crime a federal offense?
- Federal drug crimes.
- Penalties for federal drug convictions.
- Drug crimes across state lines.
- Defenses to federal drug charges.
- An overview of Kansas Marijuana laws.
- Marijuana Possession and Distribution laws.
- Most common defenses for possession of Marijuana.
- Smoking Marijuana in federal parks.
- Drug conspiracy charges.
- Penalties for drug conspiracy charges.
- Defenses for drug conspiracy charges.
- What is a drug recognition expert (DRE)?
Drug Crimes Our Law Firm Handles
- Cocaine, crack, and narcotics charges
- Drug manufacturing
- Marijuana possession charges
- Minor in possession
- Possession of paraphernalia
- Possession with the intent to distribute
- Drug Trafficking
Because of this unique experience and sharp legal insight, our legal team possesses the ability to do all the heavy lifting – even in the most complex or incriminating cases. Do not wait another moment to speak with us and learn how we can protect your rights and freedoms after a drug-related offense.
In many situations, drug crime charges can be combatted due to a violation of search and seizure laws or an unlawful arrest. As your Kansas City drug crime defense lawyers, we can analyze whether the arresting police officer did anything illegal during the stop, search, or seizure of drug evidence. If there is an issue with the police tactics, we will work to get the drug evidence suppressed in court.
If there is a defense to your case, then we will work tirelessly to uncover it. Call us at (913) 948-9311 to request your no-obligation case consultation.
In the State of Kansas, law enforcement pursues and heavily prosecutes any potential drug crimes. Drug manufacturing, in particular, carries heavy penalties, as the law prohibits anyone from creating illegal substances, and even purchasing products that are known to create illegal substances or drugs.
At SRC Law Group, LLC, we have more than 25 years of combined legal experience fighting those charged with a drug crime or other serious criminal charges. Call today to discuss your legal options.
What Leads to Drug Charges?
Law Enforcement May Consider the Following When Evaluating Drug Crimes
- The amount of drugs that were in the persons possession.
- Whether or not you there was an intention to sell the drugs.
- If the individual has sold drugs, particular to minors.
If convicted of drug manufacturing, one could face several penalties that may be a combination of fines, mandatory community service, probation, registration as a drug offender, and possibly even imprisonment. It is important that you seek legal representation as soon as possible from a Kansas City drug crime lawyer so that you know what to anticipate with regards to the criminal process.
At SRC Law Group, LLC, we understand that the prospect of being arrested for and convicted of a crime is a serious and stressful situation, no matter how minor or serious the circumstances may be. We know that this can be an overwhelming and difficult time to overcome. That is why we are here to help you fight drug manufacturing and any type of drug charges that might come your way.
The federal government has gone to great lengths to curtail the illegal distribution of drugs and other controlled substances, including passing “drug trafficking” charges. Contrary to popular belief, drug trafficking does not necessarily involve carrying these substances over any particular line, such as state lines or international borders. In fact, the laws are so vague that they can include everything from production and cultivation, distribution, and sale of these substances. The penalties for being found guilty of drug trafficking can be severe in Kansas and Missouri, particularly because most drug trafficking accusations are federal charges.
If you are facing drug trafficking charges, it’s important that you seek high-quality, experienced counsel from a Kansas City drug crimes attorney with experience in federal court. SRC Law Group, LLC has provided exceptional-quality counsel and aggressive, hard-hitting defense on both state and federal levels for many years, and has proudly earned a reputation as one of the top criminal defense law firms in the area.
What Is Considered Drug Trafficking?
Penalties for Drug Trafficking Can Include:
- Jail or prison time
- large fines
- Permanent criminal record
- Mandatory drug education classes
Difference Between Trafficking and Distribution
Does drug trafficking sound an awful lot like distribution charges? The two are remarkably similar, however there’s an important difference between the two that may determine which one you are actually charged with. Drug distribution usually refers to the actual process of importing, transporting, and selling illegal substances, which in and of itself is considered a Class B felony.
Trafficking is similar, however these charges are usually levied based on the weight of the drugs in question. Should the amount of drugs weigh a substantial amount, regardless of whether or not they have been moved or sold, you could be charged with drug trafficking.
The Most Common Drugs in Drug Trafficking Cases
- Methamphetamine: 33.6% of all cases
- Cocaine: about 20% of all cases
- Marijuana: 17.6% of all cases
- Heroin: 14% of all cases
- Crack cocaine: 8% of all cases
Penalties for Drug Trafficking
Many drug trafficking cases are tried at the federal level. This is because drug trafficking involves illegal importation or transportation across borders, which violates federal law. The potential penalties for drug trafficking also vary depending on the type of substance involved. Drug crimes involving drugs in Schedules I and II face the harshest penalties because they are considered the most dangerous substances.
In general, you face:
- Numerous years in prison
- In the most serious cases, a life sentence
- Fines of up to $250,000
Federal Drug Trafficking Is a Serious Offense.
The Following Are the Penalties for Federal Drug Trafficking Convictions Listed by the U.S. Drug Enforcement Agency (DEA):
- 500 and 4,999 grams of cocaine
- 28 and 279 grams of a cocaine base
- 40 and 399 grams of a fentanyl mixture
- 10 and 99 grams of fentanyl analogue
- 100 and 999 grams of heroin
- one and nine grams of LSD
- five and 49 grams of pure methamphetamine
- 50 and 499 grams of a methamphetamine mixture
- 10 and 99 grams of pure PCP
- 100 and 999 grams of a PCP mixture
A conviction for a first offense is punishable by a maximum federal prison term of up to 40 years (with a minimum sentence of five years) and a fine of up to $5 million for individuals or $25 for groups, or maximum life sentence (with a minimum term of 20 years) if the charge involved serious injury or death.
A conviction for a second offense is a maximum federal prison term of life imprisonment and a fine of up to $8 million for individuals and $50 million for groups.
- Five kilograms (around 11 lbs.) or more of cocaine
- 280 grams or more of a cocaine base
- 400 grams or more of a fentanyl mixture
- 100 grams or more of a fentanyl analogue
- one kilogram (approximately 2.2 lbs.) or more of heroin
- 10 grams or more of LSD
- 50 grams or more of pure methamphetamine
- 500 grams or more of a methamphetamine mixture
- 100 grams or more of pure PCP
- one kilogram or more of a PCP mixture
A conviction for a first offense results in a maximum life sentence (with a minimum of 10 years) and fines of up to $10 for individuals and $50 million for groups, or a maximum life sentence (with a minimum term of 20 years) if the charge involved serious injury or death.
A conviction for a second offense carries a maximum life sentence (with a minimum term of 20 years) and fines of up to $20 million for individuals or $75 million, or a life sentence if the charge involved serious injury or death. If a person has two or more prior convictions, it is punishable by life imprisonment.
Any Amount of Any Other Schedule I or Schedule II Narcotic
Any amount of any other Schedule I or Schedule II narcotic, or one gram of flunitrazepam – A conviction for a first offense is a maximum 20-year prison term and fines of up to $1 million for individuals or $5 million for groups, or a maximum life sentence (with a minimum term of 20 years) if the charge involved serious injury or death.
A second conviction carries a maximum 30-year prison term and fines of up to $2 million for individuals or $10 million for groups, or a life sentence if the charge involved serious injury or death.
Any Amount to Any Other Schedule III Narcotic
Any amount to any other Schedule III narcotic – A first-time conviction carries a maximum 10-year prison term and fines of up to $500,000 for individuals and $2.5 million for groups, or a maximum 15-year prison sentence if the charge involved serious injury or death. A second offense results in a maximum 20-year prison term and fines of up to $1 million for individuals or $5 million for groups, or a maximum 30-year prison term if the charge involved serious injury or death.
Any Amount to Any Other Schedule IV Narcotic
Any amount to any other Schedule IV narcotic or below one gram of flunitrazepam – A first offense leads to a maximum five-year prison sentence and fines of up to $250,000 for individuals and $1 million for groups. A second offense carries a maximum 10-year prison term and fines of up to $500,000 for individuals and $2 million for groups.
Any Amount to Any Other Schedule V Narcotic
Any amount of any other Schedule V narcotic – A first offense results in a maximum one-year prison sentence and fines of up to $100,000 for individuals and $250,000 for groups. A second offense is punishable by a maximum four-year prison sentence and fines of up to $200,000 for individuals and $500,000 for groups.
1,000 kilograms (approximately 2205 lbs.) or more of cannabis, or 1,000 or more plants – A first offense is punishable by a maximum life sentence (with a minimum term of ten years) and fines of up to $10 million for individuals and $50 million for groups, or a minimum term of 20 years if the charge involved serious injury or death.
A second offense carries a maximum life sentence (with a minimum term of 20 years) and fines of up to $20 million for individuals or $75 million for groups, or a life sentence with no minimum if the charge involved serious injury or death.
Between 100 kilograms (approximately 220.5 lbs.) and 999 kilograms (approximately 2202 lbs.) of marijuana or between 100 and 999 plants – A first offense leads to a maximum 40-year prison sentence (with a minimum of five years) and fines of up to $5 million for individuals or $25 for groups, or a maximum life sentence (with a minimum term of 20 years) if the charge involved serious injury or death.
A second offense results in a life sentence (with a minimum of ten years) and fines of up to $20 million for individuals or $75 million for groups, or a life sentence with no minimum term if the charge involved serious injury or death.
Between 50 kilograms (approximately 110 lbs.) and 99 kilograms (approximately 218 lbs.) of cannabis or over 10 kilograms (approximately 22 lbs.) of hashish – A first offense is punishable by a maximum 20-year prison term and fines of up to $1 million for individuals or $5 million for groups, or a maximum life sentence (with a minimum term of 20 years) if the charge involved serious injury or death.
A second offense carries a maximum 30-year prison term and fines of up to $2 million for individuals or $10 million for groups, or a maximum life sentence with no minimum term if the charge involved serious injury or death.
Less than 50 kilograms of cannabis, 10 kilograms or less of hashish, or one kilogram or less of hashish oil – A first offense is punishable by a maximum five-year prison term and fines of up to $250,000 for individuals or $1 million for groups.
A second offense results in a maximum 10-year prison sentence and fines of up to $500,000 for individuals or $2 million for groups.
What To Do If You’re Under Investigation for a Federal Drug Crimes.
Do you suspect you are under investigation for drug trafficking? Have you been contacted by law enforcement or the DEA? If so, you will want to begin taking action now. First, contact a criminal defense attorney. It’s best to have legal representation on your side as early as possible so they can guide you from the very beginning of your case. Next, keep quiet and keep a low profile. Stay out of additional trouble, especially if you have a pending case.
After you hire a defense attorney, they can provide further insight into what you should be doing throughout your case.
What Makes a Drug Crime a Federal Offense?
When someone is charged with a drug crime, they are likely to be prosecuted in a federal court.
There are many reasons why this happens.
Many crimes are routinely prosecuted under local or state law. Drug crimes are different. It is common for these offenses to end up being prosecuted at the federal level. The legal statutes covering drug offenses in state and federal laws are similar. Many wonder why drug crimes are most often charged in a federal court rather than a state court. There are many reasons why this happens.
Every state has its own drug laws, but the federal government has its own established drug laws. We examine what makes a drug crime a federal offense, and why the declaration should matter to the accused.
When Is a Drug Charge a Federal Offense?
The first thing to note is that the severity of the offense is rarely the determining factor of whether the drug charge will go to federal court. The federal government can prosecute anything from simple possession to massive trafficking operations, so the severity of the crime doesn’t necessitate if the charge is a federal offense.
However, there are a few things that can label a drug charge as a federal crime.
Federal Informant Named the Suspect
Federal Officer Made the Arrest
The Crime Occurred on Federal Property
Priorities of Federal Law Enforcement
Insufficient State or Local Government Resources
Various Other Reasons
A state may willingly (or willingly) relinquish the right to prosecute a suspect to the federal government for a variety of small reasons that have nothing to do with boundaries and the use of federal agents. For example, a state may lack enough resources to prosecute a sophisticated criminal offense. In this situation, the state may willingly hand over the case to the federal government to prosecute.
In other situations, a federal prosecutor may request jurisdiction for a case to crackdown on a specific problematic area, or because the case-in-question relates to another federal criminal case. Additionally, state and federal officials can sometimes agree to have a state relinquish jurisdiction for any reason should the two entities agree.
Charged with a Federal Drug Crime?
Federal Drug Crimes
Some people don’t know the differences between state and federal crimes. State crimes are when people break the law at the state level; federal crimes are when people break the law at the federal (nation-wide) level.
A federal charge is typically harsher than a state charge, which means you don’t want to be charged at the federal level. To help you steer clear of federal charges, SRC Law Group, LLC has gathered some examples of federal drug crimes.
Examples of Federal Drug Crimes
If someone manufactures, distributes, dispenses, or possesses an exorbitant amount of drugs, he or she may face federal charges.
For example, distributing the following number of drugs will result in federal charges:
- 500 or more gms of cocaine;
- 40 or more gms of fentanyl;
- 100 or more gms of heroin;
- One or more gms of LSD.
However, federal drug charges stem from more than crimes involving large quantities of drugs.
Circumstances that Create Federal Charges
Federal drug crimes are typically regular drug crimes mixed with federal involvement. For example, if an FBI agent was the one to make an arrest for possession, the charge against the accused would likely become federal because a federal agent is the one who made the arrest.
Similarly, if an FBI informant gives information that leads to a person’s arrest, it’s likely going to be a federal charge due to the use of federal resources.
Lastly, if people commit crimes on federal land, they will likely face federal charges. Therefore, if someone is arrested for drug possession in a national park, prosecution will come at the federal level.
Accused of a Federal Drug Crime?
Penalties for Federal Drug Convictions
Penalties for Federal Drug Possession
Unsurprisingly, penalties for federal drug convictions are typically worse than state-level convictions.
A simple drug possession conviction at the federal level will result in the following penalties:
- imprisonment for up to a year; or
- a minimum fine of $1,000; or
- both penalties.
- imprisonment in county jail for up to 6 months; or
- a maximum fine of $1,000; or
- both penalties.
As you can see, the penalties for a simple federal drug possession conviction could result in nearly twice the prison sentence of the state’s equivalent conviction.
Drug Trafficking Penalties Depend on Circumstances
Moving drugs across state lines could result in federal drug trafficking charges. The potential penalties for trafficking convictions are impacted by the type and quantity of trafficked drugs.
For example, trafficking more than a kilogram of heroin could result in at least a decade of imprisonment, but trafficking less than a kilogram but more than 100 grams of heroin could result in at least five years of imprisonment. There’s a big difference between a minimum sentence of five and ten years.
Serious Penalties Need Serious Representation
Drug Crimes Across State Lines
What Is a Drug Crime Across State Lines?
Why Are Drug Crimes Across State Lines a Big Deal?
When someone brings drugs from one state into another state, he or she has now committed a crime in both states. Unfortunately, that means both states have the right to prosecute the person for the same crime. However, typically speaking, both states will give up their right to prosecute to allow the federal government to prosecute the crime on their behalves.
Reasons why someone accused of a drug crime doesn’t want the federal government to prosecute the charge:
- The federal government typically has more resources to prosecute the accused;
- Federal convictions are typically worse than state convictions;
- Federal charges are more serious than state charges.
Accused of a Drug Crime That Crossed State Lines?
Defenses to Federal Drug Charges
Common Federal Drug Crime Defenses
Sale to an Informant
If you were searched using a drug-sniffing dog, you actually may have a better chance of having your charges dropped than you might think. Drug dogs must be handled in a very specific way. A dog’s record when it comes to success finding drugs goes a long way in proving its reliability, and if its handler was not properly trained or improperly followed procedures, evidence against you may have been found without establishing probable cause. Discuss your case with an attorney to see if any of these provisions apply to you.
If you are facing federal drug crime charges, SRC Law Group, LLC can help! We are a widely-recognized law firm that has been ranked in the Top One Percent by the National Association of Distinguished Counsel.
An Overview of Kansas Marijuana Laws
Possession of Marijuana
Sale or Distribution
Growing marijuana is also considered a criminal offense in Kansas. The penalty varies depending on the number of plants. Five to 49 plants is a level 3 felony, 50 to 100 plants is a level 2 felony, and 100 or more plants is a level 1 felony.
If you have been charged with a marijuana-related offense in Kansas, consult an experienced lawyer. At SRC Law Group, LLC, our Kansas City criminal defense attorneys have more than 30 years of collective experience practicing in both Kansas and Missouri in both state and federal courts. Do not hesitate to let our legal team secure the most favorable outcome.
Marijuana Possession and Distribution Laws.
Marijuana offenses can be charged in state or federal court. To ensure that you are receiving a strong defense, reach out to a criminal trial attorney with experience handling small and large marijuana crimes at the state and federal levels.
- Growing marijuana
- Marijuana trafficking
- Distribution or sale
- Possession with the intent to distribute or sell drugs
- Drug possession
- Manufacture of Methamphetamine
At SRC Law Group, LLC, our criminal defense lawyers not only practice law in Kansas, but also practice in federal court in Missouri. If you have a federal case outside of Kansas or Missouri, we can apply to practice in any federal court by filing a pro hac vice motion.
We bring over 25 years of combined experience as criminal attorneys to the table, as well as prior experience working as a federal narcotics prosecutor. From complex issues at the federal level involving wiretaps and lengthy investigations to straightforward, minor drug charges involving marijuana possession in state court, we have the experience and knowledge to handle any drug offense.
Bringing Marijuana Across State Lines
If you’re a resident of Kansas or Missouri and you plan on taking a trip over to Colorado, perhaps one of the plans in your itinerary is to enjoy legalized recreational marijuana in the state. But when it comes to bringing legal cannabis across state lines, you better think twice.
For one thing, cannabis is still illegal in Kansas and Missouri, meaning it is prohibited to possess, purchase, or sell marijuana. Even if you protest that you purchased it legally and have the receipt to prove it, it still makes no difference to state law enforcement. Secondly, crossing state lines with marijuana is illegal as well. Keep in mind, criminal activity that crosses state lines falls under federal jurisdiction, not only state jurisdiction. Furthermore, cannabis is still considered a Schedule I narcotic in the eyes of the federal government.
Due to the ever-changing national landscape of legalized marijuana, confusion is bound to cause people to violate the law without any intention of doing so. Unfortunately, law enforcement who catch you likely won’t care if you know you broke the law or not.
Experienced Marijuana Legal Counsel
Most Common Defenses for Possession of Marijuana
Although marijuana laws have lessened around the United States, Kansas still treats marijuana possession, cultivation, as well as sales or distribution as a serious criminal offense. A conviction can result in lengthy jail or prison sentences, expensive fines, and severe damage to your personal and professional reputation.
Fortunately, there are several ways to defend against a marijuana-related crime. If you have been arrested for possession of marijuana in Kansas, it is wise to seek legal representation from an experienced criminal defense attorney.
Illegal Stop, Detention, or Search
Lack of Possession
Smoking Marijuana in Federal Parks
Marijuana Possession Penalties
The first offense of marijuana possession
The second offense of marijuana possession
Any subsequent possession offense
Any subsequent possession offense will be classified as a misdemeanor or a felony, and comes with a maximum fine of $5,000 and a mandatory incarceration period anywhere from 90 days to three years.
These penalties essentially follow the ‘three strikes and you’re out’ policy. Selling or growing marijuana in a federal park are felony offenses with fines of $250,000 to $1,000,000 and carry incarceration periods anywhere from three years to life.
Facing a Drug Charge? We Can Help.
Possession of a Controlled Substance in Kansas
All 50 states recognize and regulate controlled dangerous substances (CDS). However, each state has a say in what substances are considered controlled dangerous substances. Additionally, each state has its own penalties and consequences for illegally possessing CDS.
In Kansas, well-known drugs like Cocaine and Heroin are classified as CDS, along with the compounds used to create the drugs.
Kansas’ View on CDS
Kansas law breaks CDS into five categories or “Schedules.”
Schedule I - These are the “most dangerous” drugs. They have a high chance of addiction and abuse with little to no medical value.
Schedules II-V gradually decrease when speaking on the chance of addiction and abuse, with Schedule V being the least serious.
If you’ve been arrested in Kansas for CDS possession, you’ll want to speak with an experienced Kansas criminal defense attorney to discuss your rights.
Penalties for Illegal Controlled Substance Possession
As stated earlier, it is illegal to possess controlled substances in Kansas without a legitimate medical prescription. The penalties associated with CDS possession vary based on a few things.
The judge will base their decision on the Kansas Sentencing Guidelines, which is something that takes the accused individual’s criminal history into account, meaning that every case is different.
We understand that being arrested on charges for possession of a controlled substance can feel like your life has been turned upside down. We also understand that it can be demoralizing to research how to fight your charges, only to find that there is no “one size fits all” solution, leaving you feeling hopeless.
Fortunately, our team of trusted Kansas criminal defense attorneys at SRC Law Group, LLC is here to help. For countless years we have been helping individuals fight their charges, allowing them to return to their best lives possible.
We pride ourselves on fighting for our clients with all we’ve got, and we’re here for you if you need us.
Possession of Drug Paraphernalia
Possession of drug paraphernalia occurs when an individual is found in possession of any equipment, product or material that is intended or designed for drug use, manufacturing, or otherwise introducing the substance into the human body. Drug paraphernalia possession charges are some of the most commonly charged crimes in Kansas.
Drug crimes are perhaps some of the most severely penalized crimes and require aggressive defense from a dedicated legal professional. At SRC Law Group, LLC, we understand the importance in retaining proper legal counsel to ensure your future and rights are protected. Our Kansas City drug crime lawyers have more than 25 years of combined legal experience and have spent decades on both sides of the courtroom.
Penalties for Paraphernalia Possession in Kansas
If Convicted, Penalties for Paraphernalia Possession Can Include:
Jail or prison sentence: Drug paraphernalia penalties can range from 90 days to 1 year in jail
Fines: For first time offenders, courts will often impose fines instead of jail time. Repeat offenders can expect fines of $1,000 or more
Probation: Common probation orders can include maintaining employment, paying all fines and court costs, and performing random drug tests.
Drug crime Attorney Phil Stein is a former prosecutor and his extensive knowledge and background can be used to challenge common prosecutor tactics. When your future and liberties are hanging in the balance, you can be confident that your case is our top priority.
We’re ready to hear your side of the story. Contact us online to schedule a free consultation with a trusted Kansas City criminal defense attorney.
Drug Conspiracy Charges
Conspiracy charges are unique in that a crime doesn’t have to be fully committed for charges to be pursued. In conspiracy cases, the crime is merely the agreement to commit the offense. This involves two or more people agreeing to commit a crime and actively planning to do so.
Drug conspiracy charges could result from individuals scheming to commit drug possession, trafficking, or manufacturing.
Penalties for Drug Conspiracy Charges
You may be wondering, if you can be charged with conspiracy without ever transferring the drugs, are the potential penalties not very severe?
This is not the case. In fact, the penalties are just as severe. In other words, conspiring to traffic drugs can result in the same criminal penalties as having actually done so. Additionally, most drug conspiracy cases are charged at the federal level.
If convicted on drug conspiracy charges, the defendant faces a minimum of five, up to 40 years in prison. This will likely come with fines, probation, and other penalties.
Injury or Death
If the defendant involved has a prior criminal record related to drug offenses or a violent crime, they will receive enhanced penalties.
Typically, the enhanced penalty means the defendant will be sentenced to additional prison time.
Defenses for Drug Conspiracy Charges.
Illegally obtained evidence
There was no agreement
You did not knowingly join
You Did Not Willingly Join
You can argue that you were threatened or pressured into agreeing to commit the crime.
You withdrew from the plan: if you attempted to, or did withdraw, from the agreement to commit the drug crime, this could be a strong defense showing you no longer had intent.
Kansas Federal Drug Conspiracy Defense
What Is a Drug Recognition Expert (DRE)?
In the event you or a loved one is arrested for driving under the influence of drugs (DUID) in Kansas, law enforcement officials at the scene may request the assistance of a drug recognition expert (DRE) to determine whether you or your loved one is intoxicated by drugs (e.g. marijuana, cocaine, heroin, ecstasy, meth, PCP, GHB, opioids, etc.).
DREs are police officers who are trained and certified to perform this task.
DUID in Kansas Occur When:
- You are operating a motor vehicle and you have ingested one or more drugs—or a combination of alcohol and drugs; and
- You experience substantial physical and/or mental impairment from the drug and/or alcohol and prevents you from exercising safe operation of the vehicle, sufficient physical control, and/or clear judgment.
DREs 12-step process
In most cases, the arresting officer will call in a DRE when a driver passes a breath test but still appears intoxicated. DREs must adhere to ta 12-step process to make a proper assessment of a driver’s intoxication.
The following are the 12 steps a DRE must follow to determine drug intoxication:
- Breath Alcohol Test to ensure alcohol is not the cause of intoxication.
- Learn about the arresting officer’s observations during arrest.
- Examine the suspect by taking his/her pulse to ensure drug use is not related to injury or medical condition
- Conduct an eye examination (e.g. horizontal or vertical gaze nystagmus test)
- Perform a psychophysical test (e.g. one-leg stand, walk and turn, finger-to-nose, etc.)
- Check vital signs and check the pulse a second time.
- Check pupils in different lighting conditions
- Examine muscle tone
- Search for injection sites and check the pulse a third time
- After the suspect is given his/her Miranda warnings, interview the suspect
- Assess all information and find an opinion about drug intoxication
- Conduct a toxicological examination, such as a blood, urine, or saliva test
Whatever the DRE determines will not result in an automatic guilty verdict. Yet, the DRE’s opinion helps the police and the prosecutor’s case against you and will increase the likelihood of conviction.
Remember, you have the right to an attorney while the DRE evaluates suspected intoxication. Your criminal defense attorney will thoroughly investigate your arrest and determine whether the DRE made a mistake (e.g. the DRE’s certification expired, the DRE improperly administered the 12-step process, or too much time passed between when the suspect was driving and when the DRE performed the evaluation process.)
Prescription Drug Charges
Prescription drugs are not legal for everyone. If you are not prescribed a medication by a doctor, you can go to jail, pay fines, and be convicted of various crimes associated prescription medication.
Both Kansas and Missouri have laws related to the unlawful use of prescription drugs. Furthermore, the states have implemented laws regarding the regulation of prescribed medication and exactly who is allowed to prescribe these substances.
Kansas Prescription Drug Laws
According to Kansas law, the unlawful possession and distribution of a prescription drug includes:
- Creating, altering, or signing of a prescription order by an individual other than a doctor or mid-level practitioner.
- Distributing a prescribed order, knowing it to have been created, altered, or signed by a person other than a doctor or mid-level practitioner.
- Possessing a prescribed drug with the knowledge that it has been obtained pursuant to a prescription order made, altered, or signed by an individual other than a doctor or mid-level practitioner.
- Providing false information to a doctor or mid-level practitioner in order to obtain a prescribed medication.
If you are found guilty of violating prescription drug laws in Kansas, it is considered a Class A nonperson misdemeanor. This type of misdemeanor is punishable by a maximum jail sentence of one year and a fine of up to $2,500. However, depending on the severity of the drug and the defendant’s prior criminal record, the charge may be increased to a felony.
Missouri Prescription Drug Laws
In Missouri, a pharmacist may sell and dispense prescribed medication to any individual who has a prescription from an authorized practitioner within the state. Additionally, all written prescriptions need to be signed by the individual who is prescribing the drug and must include the correct date, full name of the patient, and his or her address.
Unlawful possession of a prescription drug is considered a Class C felony, which results in a maximum prison sentence of seven years. If you are not able to show a valid prescription for the drug you possessed, or are accused of a forged prescription, a conviction carries a minimum sentence of one year in prison.
Prescription Drug Fraud
The high price of prescription medication, as well as the epidemic of opioid abuse, has resulted in an increase in prescription drug fraud in Kansas and all over the country. While some people commit this type of drug crime as a means to obtain the medicine they cannot afford or to supply their addiction, others do so in order to sell prescription drugs for a profit.
The Most Common Ways To Commit Prescription Drug Fraud:
- Commonly known as “doctor shopping,” this occurs when a person visits multiple doctors to obtain multiple prescriptions without telling them about all previous visits.
- Forging signatures on prescriptions.
- Altering prescriptions to change the prescription amount or the type of drug.
- Stealing a prescription pad.
- Using computers and printers to fake prescription pads.
- Pretending to be a doctor or healthcare provider to obtain prescriptions.
- Providing false information to healthcare providers.
Not only do patients commonly commit prescription drug fraud, physicians and medical professionals (e.g. nurses and pharmacists) are also commonly charged with this crime by issuing fraudulent, invalid, and unusual prescriptions. Prescription fraud committed by healthcare providers generally happens either during or outside the normal course of their practice or job duties.
- The doctor or medical professional acted in “good faith” if a patient isn’t truthful about his/her medical information.
- Unlawful search and seizure.
- The defendant was not aware they were in possession of a prescription drug.
What You Should Know About Federal Drug Diversion Investigations.
Drug diversion involves the transfer of prescription drugs from the person legally receiving the substance to another person for illicit use. This federal drug crime is often typically aimed at medical professionals.
Whether you have been contacted by a federal agent or been subpoenaed, being investigated for federal drug diversion can be a stressful, scary, and confusing situation. Rather than navigating the legal process in the dark, you should understand what to expect and take legal action to protect your reputation, rights, and future.
The Following Are Several Important Facts About Federal Drug Diversion Investigations
Fighting the opioid epidemic is a top priority for federal law enforcement.
The investigation may involve multiple federal agencies.
A conviction for federal drug diversion is punishable by harsh penalties
In addition to federal drug diversion, medical professionals can be charged with other federal crimes.
There are many “red flags” may lead to an investigation.
Do not interact with federal authorities.
It is a huge mistake to answer any questions from federal agents without first obtaining legal advice. Other mistakes include destroying medical records and continue engaging in illegal prescription practices.
As soon as you are contacted by federal authorities or learn you are being investigated for federal drug diversion, it is important to hire an experienced federal crime attorney. At SRC Law Group, LLC, we have nearly three decades of combined legal experience protecting our clients from federal charges in Kansas.