Drug and Alcohol Laws in the State of Kansas
Kansas has a lot of laws related to drugs and alcohol. The state bans driving while drinking as well as the sale or possession of drugs. To help you learn more, here is a look at the state’s laws.
DUI Laws in Kansas
To keep the roads safe, Kansas bans driving while intoxicated. If you get caught with a blood alcohol content (BAC) of 0.08% or higher, you face a DUI charge and the following penalties:
- 1st DUI: 48 hours imprisonment or 100 hours community service, court-ordered drug and alcohol classes, $500 to $1000 fine, license suspension for 30 days, restricted license for 330 extra days, and impounded vehicle for up to 1 year.
- 2nd DUI: 90 days imprisonment, $1000 to $1500 fine, court-ordered drug and alcohol treatment, license suspension for 1 year, ignition lock on vehicle for another year, and impounded vehicle for up to 1 year.
- 3rd DUI: Felony charges, 90 days to 1 year imprisonment, $1500 to $2500 fine, court-ordered treatment, license suspension for 1 year, ignition lock for another year, and impounded vehicle for up to 1 year.
- 4th DUI: Felony charges, 90 days to 1 year imprisonment, 1 year supervision after release, court-ordered treatment, license suspension for up to 1 year, ignition lock for another year, revoke license plate for up to 1 year, and impounded vehicle for up to 1 year.
- 5th and Other DUIs: Felony charges, 90 days to 1 year imprisonment, 1 year supervision after release, court-ordered drug and alcohol treatment, $2500 fine, and permanent loss of driving privileges.
The penalties are worse if you have children in the vehicle, and you face an extra month of jail time for passengers under the age of 14. If someone dies as a result of your DUI, you face involuntary manslaughter charges and between 38 and 172 months in prison.
Zero Tolerance Laws for Kansas
Drivers under the age of 21 are subject to Kansas’s zero tolerance law. If your BAC is 0.02% or higher, you lose your license for 30 days, and you have restricted driving privileges for 330 days. In fact, even if you just got caught possessing alcohol, you can lose your license for 30 days if you are under 21.
Is Marijuana Legal in Kansas?
Marijuana is not legal in Kansas. As of 2020, this is one of the few states that does not even allow medical marijuana. However, under Claire and Lola’s Law, the state cannot remove children from their homes for CBD use. In addition, people cannot be convicted of possession if they have CBD oils with less than 5% THC.
Drug and Alcohol Related Crimes
Kansas laws ban manufacturing, growing, selling, and possessing drugs. These laws refer to controlled substances such as heroin, meth, and cocaine, but they also apply to the misuse of prescription drugs and toxic vapors. On top of that, you can also face charges for having certain types of paraphernalia.
The state has very specific laws about banned activities in each of these categories. For example, laws related to prescription drugs address the following:
- Forging or altering prescription orders.
- Distributing prescriptions you know are fake.
- Possessing fake prescription orders with the intent to distribute.
- Giving false info to healthcare providers to obtain prescriptions.
- Illegally selling prescription drugs.
- Unlawfully obtaining prescription drugs.
Penalties for Drug or Alcohol Abuse in Kansas
If you get caught with drugs in Kansas, the penalties can be severe, but the exact punishment varies based on the type of drug, the amount, and your prior convictions.
To explain, look at the penalties for cocaine. If you have no record, you can face 10 months in jail for possessing cocaine. With a record, you may go to prison for up to 42 months. This rule applies if you have at least 3 person felonies, which are crimes against people such as assault, robbery, rape, etc..
Selling cocaine is a felony, but the level varies depending on the amount. For 1 kilo or more, you face a level 1 felony, but for less than 2.5 grams, it’s only a level 4 felony. The penalties are worse if you commit these crimes by a school.
For possessing marijuana, you can face 6 months in jail for the 1st offense and up to 1 year for the 2nd offense. For having grow lights, you can face up to 6 months in jail and a $1000 fine. Those penalties are just for the equipment. If you get caught growing marijuana, you can face additional charges.
Kansas takes drug offenses very seriously. Even if you just have drugs for personal use, you may face felony convictions and jail time. Don’t wait until you are arrested due to drugs or alcohol. Instead, get help now. Contact a treatment center in your area to learn more.
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