Drug Offenses

At the law office of O’Hara & O’Hara L.L.C. we represent clients who are arrested, cited, charged, or indicted for Drug Offenses or Crimes. We pride ourselves on offering professional attention to every case. Our lawyers are experienced and aggressive in Drug Offense cases, and are not afraid to fight for our clients. We have been fighting for our clients for over 60 years.

We know how important it is for an individual to avoid a criminal record which could affect their career regarding Drug Offenses or Crimes. Our Attorneys provide our clients with smart, zealous, dedicated, caring, and hardworking representation.

We handle Drug Offense or Crime cases in City, State, and Federal Courts throughout the State of Kansas. Our office is located in Wichita, Kansas. We work hard to protect the rights and the futures of our clients.

CONTACT OUR OFFICE AND SPEAK TO A LAWYER TODAY. INITIAL CONSULTATIONS ARE FREE.
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Kansas Aggressive Drug Offenses Defense

At O’Hara & O’Hara L.L.C. one of our areas of focus is Drug Offenses or Crimes law. Drug Offenses or Crimes can be complex and provide many legal issues. Our lawyers provide experienced, aggressive, and intelligent representation to our clients. The following are some of the Drug Offense or Crime statutes for the State of Kansas (Please Note there are also many Federal and Municipal Court laws also relating to Firearms Drug Offenses that are not included below):

21-36a03 Unlawful manufacturing of controlled substances.

(a) It shall be unlawful for any person to manufacture any controlled substance or controlled substance analog.

(b)  Violation or attempted violation of subsection (a) is a drug severity level 1 felony. The provisions of subsection (d) of K.S.A. 21-3301, and amendments thereto, shall not apply to a violation of attempting to unlawfully manufacture any controlled substance pursuant to this section.

(c)  For persons arrested and charged under this section, bail shall be at least $ 50,000 cash or surety, unless the court determines, on the record, that the defendant is not likely to re-offend, the court imposes pretrial supervision, or the defendant agrees to participate in a licensed or certified drug treatment program.

(d)  The sentence of a person who violates this section shall not be subject to statutory provisions for suspended sentence, community service work or probation.

(e)  The sentence of a person who violates this section or K.S.A. 65-4159 prior to its repeal, shall not be reduced because these sections prohibit conduct identical to that prohibited by K.S.A. 65-4161 or 65-4163, prior to such sections repeal, or K.S.A. 2010 Supp. 21-36a05, and amendments thereto.

21-36a05 Unlawful cultivation or distribution of controlled substances.

(a) It shall be unlawful for any person to cultivate, distribute or possess with the intent to distribute any of the following controlled substances or controlled substance analogs thereof:

(1)  Opiates, opium or narcotic drugs, or any stimulant designated in subsection (d)(1), (d)(3) or (f)(1) of K.S.A. 65-4107, and amendments thereto;

(2)  any depressant designated in subsection (e) of K.S.A. 65-4105, subsection (e) of K.S.A. 65-4107, subsection (b) or (c) of K.S.A. 65-4109 or subsection (b) of K.S.A. 65-4111, and amendments thereto;

(3)  any stimulant designated in subsection (f) of K.S.A. 65-4105, subsection (d)(2), (d)(4) or (f)(2) of K.S.A. 65-4107 or subsection (e) of K.S.A. 65-4109, and amendments thereto;

(4)  any hallucinogenic drug designated in subsection (d) of K.S.A. 65-4105, subsection (g) of K.S.A. 65-4107 or subsection (g) of K.S.A. 65-4109, and amendments thereto;

(5)  any substance designated in subsection (g) of K.S.A. 65-4105 and subsection (c), (d), (e), (f) or (g) of K.S.A. 65-4111, and amendments thereto; or

(6)  any anabolic steroids as defined in subsection (f) of K.S.A. 65-4109, and amendments thereto.

(b)  It shall be unlawful for any person to distribute or possess with the intent to distribute a controlled substance or a controlled substance analog designated in K.S.A. 65-4113, and amendments thereto.

(c)  (1)  Violation of subsection (a) is a drug severity level 3 felony, except that:

(A)  Violation of subsection (a) is a drug severity level 2 felony if the trier of fact makes a finding that the offender is 18 or more years of age and the substance was distributed to or possessed with intent to distribute to a minor or the violation occurs on or within 1,000 feet of any school property;

(B)  violation of subsection (a)(1) is a drug severity level 2 felony if that person has one prior conviction under subsection (a)(1), under K.S.A. 65-4161 prior to its repeal, or under a substantially similar offense from another jurisdiction; and

(C)  violation of subsection (a)(1) is a drug severity level 1 felony if that person has two prior convictions under subsection (a)(1), under K.S.A. 65-4161 prior to its repeal, or under a substantially similar offense from another jurisdiction.

(2)  Violation of subsection (b) is a class A nonperson misdemeanor, except that, violation of subsection (b) is a drug severity level 4 felony if the substance was distributed to or possessed with the intent to distribute to a child under 18 years of age.

(d)  It shall not be a defense to charges arising under this section that the defendant was acting in an agency relationship on behalf of any other party in a transaction involving a controlled substance.

21-36a06 Unlawful possession of controlled substances.

(a) It shall be unlawful for any person to possess any opiates, opium or narcotic drugs, or any stimulant designated in subsection (d)(1), (d)(3) or (f)(1) of K.S.A. 65-4107, and amendments thereto, or a controlled substance analog thereof.

(b)  It shall be unlawful for any person to possess any of the following controlled substances or controlled substance analogs thereof:

(1)  Any depressant designated in subsection (e) of K.S.A. 65-4105, subsection (e) of K.S.A. 65-4107, subsection (b) or (c) of K.S.A. 65-4109 or subsection (b) of K.S.A. 65-4111, and amendments thereto;

(2)  any stimulant designated in subsection (f) of K.S.A. 65-4105, subsection (d)(2), (d)(4) or (f)(2) of K.S.A. 65-4107 or subsection (e) of K.S.A. 65-4109, and amendments thereto;

(3)  any hallucinogenic drug designated in subsection (d) of K.S.A. 65-4105, subsection (g) of K.S.A. 65-4107 or subsection (g) of K.S.A. 65-4109, and amendments thereto;

(4)  any substance designated in subsection (g) of K.S.A. 65-4105 and subsection (c), (d), (e), (f) or (g) of K.S.A. 65-4111, and amendments thereto;

(5)  any anabolic steroids as defined in subsection (f) of K.S.A. 65-4109, and amendments thereto; or

(6)  any substance designated in K.S.A. 65-4113, and amendments thereto.

(c)  (1)  Violation of subsection (a) is a drug severity level 4 felony;

(2)  violation of subsection (b) is a class A nonperson misdemeanor, except that, violation of subsection (b)(1) through (b)(5) is a drug severity level 4 felony if that person has a prior conviction under such subsection, under K.S.A. 65-4162 prior to its repeal, under a substantially similar offense from another jurisdiction, or under any city ordinance or county resolution for a substantially similar offense if the substance involved was 3, 4-methylenedioxymethamphetamine (MDMA), marijuana or tetrahydrocannabinol as designated in subsection (d) of K.S.A. 65-4105, and amendments thereto.

(d)  It shall not be a defense to charges arising under this section that the defendant was acting in an agency relationship on behalf of any other party in a transaction involving a controlled substance.

21-36a07 Unlawful manufacture, distribution, cultivation or possession of controlled substances using a communication facility.

(a) It shall be unlawful for any person to knowingly or intentionally use any communication facility:

(1)  In committing, causing, or facilitating the commission of any felony under K.S.A. 2010 Supp. 21-36a03, 21-36a05 or 21-36a06, and amendments thereto; or

(2)  in any attempt to commit, any conspiracy to commit, or any criminal solicitation of any felony under K.S.A. 2010 Supp. 21-36a03, 21-36a05 or 21-36a06, and amendments thereto. Each separate use of a communication facility may be charged as a separate offense under this subsection.

(b)  Violation of subsection (a) is a nondrug severity level 8, nonperson felony.

(c)  As used in this section, “communication facility” means any and all public and private instrumentalities used or useful in the transmission of writing, signs, signals, pictures or sounds of all kinds and includes telephone, wire, radio, computer, computer networks, beepers, pagers and all other means of communication.

21-36a08 Unlawfully obtaining or selling a prescription-only drug.

(a) Unlawfully obtaining a prescription-only drug is:

(1)  Making, altering or signing of a prescription order by a person other than a practitioner or a mid-level practitioner;

(2)  distribution of a prescription order, knowing it to have been made, altered or signed by a person other than a practitioner or a mid-level practitioner;

(3)  possession of a prescription order with intent to distribute it and knowing it to have been made, altered or signed by a person other than a practitioner or a mid-level practitioner;

(4)  possession of a prescription-only drug knowing it to have been obtained pursuant to a prescription order made, altered or signed by a person other than a practitioner or a mid-level practitioner; or

(5)  providing false information, with the intent to deceive, to a practitioner or mid-level practitioner for the purpose of obtaining a prescription-only drug.

(b)  Unlawfully selling a prescription-only drug is unlawfully obtaining a prescription-only drug, as defined in subsection (a), and:

(1)  Selling the prescription-only drug so obtained;

(2)  offering for sale the prescription-only drug so obtained; or

(3)  possessing with intent to sell the prescription-only drug so obtained.

(c)  (1)  Unlawfully obtaining a prescription-only drug is a class A nonperson misdemeanor, except that;

(2)  Unlawfully obtaining a prescription-only drug is a severity level 9, nonperson felony if that person has a prior conviction of paragraph (1) or K.S.A. 21-4214, prior to its repeal.

(3)  Unlawfully selling a prescription-only drug is a severity level 6, nonperson felony.

(d)  As used in this section:

(1)  “Pharmacist,” “practitioner,” “mid-level practitioner” and “prescription-only drug” shall have the meanings ascribed thereto by K.S.A. 65-1626, and amendments thereto.

(2)  “Prescription order” means an order transmitted in writing, orally, telephonically or by other means of communication for a prescription-only drug to be filled by a pharmacist. “Prescription order” does not mean a drug dispensed pursuant to such an order.

(e)  The provisions of this section shall not be applicable to prosecutions involving prescription-only drugs which could be brought under K.S.A. 2010 Supp. 21-36a05 or 21-36a06, and amendments thereto.

21-36a09 Unlawful possession of certain drug precursors and drug paraphernalia.

(a) It shall be unlawful for any person to possess ephedrine, pseudoephedrine, red phosphorus, lithium metal, sodium metal, iodine, anhydrous ammonia, pressurized ammonia or phenylpropanolamine, or their salts, isomers or salts of isomers with an intent to use the product to manufacture a controlled substance.

(b)  It shall be unlawful for any person to use or possess with intent to use any drug paraphernalia to:

(1)  Manufacture, cultivate, plant, propagate, harvest, test, analyze or distribute a controlled substance; or

(2)  store, contain, conceal, inject, ingest, inhale or otherwise introduce a controlled substance into the human body.

(c)  It shall be unlawful for any person to use or possess with intent to use anhydrous ammonia or pressurized ammonia in a container not approved for that chemical by the Kansas department of agriculture.

(d)  It shall be unlawful for any person to purchase, receive or otherwise acquire at retail any compound, mixture or preparation containing more than 3.6 grams of pseudoephedrine base or ephedrine base in any single transaction or any compound, mixture or preparation containing more than nine grams of pseudoephedrine base or ephedrine base within any 30-day period.

(e)  (1)  Violation of subsection (a) is a drug severity level 2 felony;

(2)  violation of subsection (b)(1) is a drug severity level 4 felony, except that violation of subsection (b)(1) is a class A nonperson misdemeanor if the drug paraphernalia was used to cultivate fewer than five marijuana plants;

(3)  violation of subsection (b)(2) is a class A nonperson misdemeanor;

(4)  violation of subsection (c) is a drug severity level 4 felony;

(5)  violation of subsection (d) is a class A nonperson misdemeanor.

(f)  For persons arrested and charged under subsection (a) or (c), bail shall be at least $ 50,000 cash or surety, unless the court determines, on the record, that the defendant is not likely to reoffend, the court imposes pretrial supervision or the defendant agrees to participate in a licensed or certified drug treatment program.

21-36a10 Unlawful distribution of certain drug precursors and drug paraphernalia.

(a) It shall be unlawful for any person to advertise, market, label, distribute or possess with the intent to distribute:

(1)  Any product containing ephedrine, pseudoephedrine, red phosphorus, lithium metal, sodium metal, iodine, anhydrous ammonia, pressurized ammonia or phenylpropanolamine or their salts, isomers or salts of isomers if the person knows or reasonably should know that the purchaser will use the product to manufacture a controlled substance; or

(2)  any product containing ephedrine, pseudoephedrine or phenylpropanolamine, or their salts, isomers or salts of isomers for indication of stimulation, mental alertness, weight loss, appetite control, energy or other indications not approved pursuant to the pertinent federal over-the-counter drug final monograph or tentative final monograph or approved new drug application.

(b)  It shall be unlawful for any person to distribute, possess with the intent to distribute or manufacture with intent to distribute any drug paraphernalia, knowing or under circumstances where one reasonably should know that it will be used to manufacture or distribute a controlled substance in violation of K.S.A. 2010 Supp. 21-36a01 through 21-36a17, and amendments thereto.

(c)  It shall be unlawful for any person to distribute, possess with intent to distribute or manufacture with intent to distribute any drug paraphernalia, knowing or under circumstances where one reasonably should know, that it will be used as such in violation of K.S.A. 2010 Supp. 21-36a01 through 21-36a17, and amendments thereto, except subsection (b) of K.S.A. 2010 Supp. 21-36a06, and amendments thereto.

(d)  It shall be unlawful for any person to distribute, possess with intent to distribute or manufacture with intent to distribute any drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used as such in violation of subsection (b) of K.S.A. 2010 Supp. 21-36a06, and amendments thereto.

(e)  (1)  Violation of subsection (a) is a drug severity level 2 felony;

(2)  violation of subsection (b) is a drug severity level 4 felony, except that violation of subsection (b) is a drug severity level 3 felony if the trier of fact makes a finding that the offender is 18 or more years of age and the offender distributed or caused drug paraphernalia to be distributed to a minor or on or within 1,000 feet of any school property;

(3)  violation of subsection (c) is a severity level 9, nonperson felony, except that violation of subsection (c) is a drug severity level 4 felony if the trier of fact makes a finding that the offender is 18 or more years of age and the offender distributed or caused drug paraphernalia to be distributed to a minor or on or within 1,000 feet of any school property;

(4)  violation of subsection (d) is a class A nonperson misdemeanor, except that violation of subsection (d) is a severity level 9, nonperson felony if the trier of fact makes a finding that the offender is 18 or more years of age and the offender distributed or caused drug paraphernalia to be distributed to a minor or on or within 1,000 feet of any school property.

(f)  For persons arrested and charged under subsection (a), bail shall be at least $ 50,000 cash or surety, unless the court determines, on the record, that the defendant is not likely to re-offend, the court imposes pretrial supervision or the defendant agrees to participate in a licensed or certified drug treatment program.

(g)  As used in this section, “or under circumstances where one reasonably should know” that an item will be used in violation of this section, shall include, but not be limited to, the following:

(1)  Actual knowledge from prior experience or statements by customers;

(2)  inappropriate or impractical design for alleged legitimate use;

(3)  receipt of packaging material, advertising information or other manufacturer supplied information regarding the item’s use as drug paraphernalia; or

(4)  receipt of a written warning from a law enforcement or prosecutorial agency having jurisdiction that the item has been previously determined to have been designed specifically for use as drug paraphernalia.

At the law office of O’Hara & O’Hara L.L.C. our clients come first and we will do what it takes to defend and uphold your rights. Our attorneys have represented many clients who have faced Drug Offenses or Crimes charges. In some instances, it is possible to resolve the case without going to trial. However, if the prosecutor is not willing to be reasonable, we are fully prepared to take the case to trial. We will do what is in our client’s best interests. Since deciding to settle or take the case to trial is always our client’s decision, we will supply the legal advice needed to help our clients make an informed and intelligent decision.

Proven Drug Offense Results in Wichita, Kansas

We will defend you or your loved ones criminal case aggressively. Our experienced Drug Offense Criminal Defense Attorneys take pride in their work and their case results reflect their dedication to the client. Regardless if you or your loved one has been charged with, being investigated for or accused of a Drug Offense, you need aggressive representation immediately.

Contact an Experienced Kansas Drug Offense Defense Lawyer

We know that criminal charges are difficult, requiring hard work and dedication on the part of a defense lawyer. We work hard to protect the rights and the futures of our clients. We offer a free Drug Offense consultation to discuss your legal matter during which all the facets of your case will be thoroughly examined and advice will be offered to you on how to proceed. If you choose to retain us, it will be our goal to provide you with a service that will be of benefit to you and your family.

Contact us at 316.263.5601 for a consultation to discuss your legal options regarding an Drug Offense. Or stop by to visit us at our office at:1223 East First Street – Wichita, Kansas 67214


O'Hara & O'Hara L.L.C. is a Law Office in Wichita, Kansas, that represents clients facing Criminal Defense law, Family Law, and Immigration Law cases throughout the State of Kansas.