Drug Distribution Charges
Drug distribution charges in Kansas are serious. The penalties for distribution are much more severe than those for drug possession and can include prison time, felony convictions, and other life-changing consequences. Whether it’s a street drug like cocaine, heroin, meth, or marijuana, or even a prescription drug, a drug distribution conviction can change your life.
Overland Park drug distribution attorney Jerry Merrill is standing by to aggressively defend your rights in Overland Park, Johnson County, and throughout Kansas. If you or a loved one has been charged with drug distribution, you don’t have time to waste. You need an attorney who will fight to protect your rights.
What Is Drug Distribution in Kansas?
Drug distribution in Kansas is a crime that involves the sale, delivery, or the intention to sell or deliver a controlled substance. Kansas Statutes Annotated (K.S.A.) 21-5705 defines and penalizes drug distribution offenses. It’s important to note that you don’t have to actually sell or deliver drugs to get charged with distribution. If law enforcement alleges intent to distribute (which includes selling drugs to undercover police, or having evidence of large amounts of drugs, packaging materials, scales, etc. ), a distribution charge can be added to a drug possession charge.
Drug distribution is more likely to be aggressively prosecuted than drug possession, especially if:
- You’re caught with large amounts of narcotics
- You sold drugs near a school, public housing, or other “drug-free zone”
- You possessed a firearm at the time you were arrested for a drug crime
- You have a criminal record or prior convictions
Drug Distribution Charges Explained
Distribution charges can be brought for a wide variety of drugs and substances, including:
Cocaine Distribution
Cocaine is a Schedule II controlled substance in Kansas. Distribution of cocaine, even in small amounts, can result in level 3 to level 1 felony charges, depending on the amount and circumstances of the alleged offense.
Heroin Distribution
Heroin is a Schedule I controlled substance, which means it’s considered to have a high potential for abuse and no accepted medical use. In Kansas, heroin distribution is aggressively prosecuted, and the resulting charges can carry lengthy prison sentences.
Methamphetamine Distribution
Methamphetamine is a Schedule II substance and is considered by the DEA to be one of the most dangerous and addictive drugs in the United States. Kansas takes methamphetamine distribution charges extremely seriously, and in many meth cases, there is federal involvement as well, especially when labs or weapons are involved.
Marijuana Distribution
Marijuana is classified as a Schedule I drug in Kansas, and state laws continue to be strict, even as other states continue to legalize it. Selling marijuana, even a small amount, is still a felony. Distribution near a school or by a repeat offender is even more likely to result in a prison sentence.
Prescription Drug Distribution
You can be charged with distribution for selling or otherwise transferring prescription drugs such as Oxycodone, Xanax, Adderall, or Fentanyl to another person—even if you had a prescription for the drugs yourself. Doctors, pharmacists, and citizens can all face felony charges for unlawfully dispensing or transferring controlled substances.
What Are the Penalties for Drug Distribution in Overland Park?
Distribution charges can carry felony penalties depending on the drug, the amount in your possession, your criminal history, and any aggravating circumstances (i.e., possession of a firearm, use of a vehicle or money, distribution to a minor, etc.). Most drug distribution charges are felonies, and penalties can include:
- Prison sentences of 17 months to over 17 years, depending on the drug and amount
- Up to $500,000 in fines
- Enhanced penalties for repeat or high-severity offenses
- Felony criminal history record
- Loss of property (cash, vehicles, homes, etc.) seized by law enforcement and suspected to be connected to the alleged crime
- Ineligibility for federal student loans or other federal aid
- Barred from certain types of employment
- Loss of professional licenses, certifications, or permits
Note that even first-time offenders can face harsh sentencing under the Kansas law, especially if they have been charged with drug distribution rather than simple drug possession.
What To Do If You’re Charged with Drug Distribution
If you or someone you know has been charged with drug distribution or is under investigation by police or the district attorney’s office, you have rights that can protect you.
First and foremost, do not speak to the police or prosecutors without an attorney present. Instead, you should:
- Invoke your right to remain silent
- Hire an experienced drug distribution charge lawyer to represent you and fight for your rights
- Avoid discussing your case with friends, family members, co-workers, or on social media
- Preserve any evidence you believe may help your defense, including documentation, text messages, receipts, etc.
- Request a bond hearing if you are being held in jail
What’s important here is to get legal representation as soon as possible. The sooner we get involved in your case, the better our chances are of minimizing the consequences or having charges reduced or dismissed.
Defenses Against Drug Distribution Charges
Jerry Merrill, Attorney at Law, will evaluate all aspects of your case and develop the best course of action to defend against distribution charges, which may include:
- Illegal search and seizure (violations of your Fourth Amendment rights)
- Lack of intent to distribute
- Entrapment by law enforcement
- Improper lab testing or unreliable results
- Third-party possession of drugs
- Police procedures or chain of custody errors
- Negotiating alternative sentencing, such as diversion programs, drug treatment, or reduced charges, especially for first-time offenders
Why You Need an Experienced Drug Distribution Lawyer
Drug distribution is a felony, and the potential penalties can destroy your future. Prosecutors want you behind bars, and they have extensive resources to prove their case, including confidential informants, surveillance, and multi-agency law enforcement task forces. That being the case, you need a defense lawyer who knows how to:
- Demand proof of their case
- Suppress illegally obtained evidence and statements
- Fight for reduced charges or even dismissal by negotiation
- Defend you at trial, if necessary
Jerry Merrill has defended hundreds of people accused of serious drug crimes in Overland Park and throughout Johnson County. He knows Kansas drug law, but more importantly, he knows how to win complex cases. He’s ready to go to work for you and your family.
Call Overland Park Drug Distribution Attorney Jerry Merrill Today
The prosecution is already building a case against you. Contact our office immediately to start building your defense with a skilled Overland Park drug distribution attorney. Jerry Merrill, Attorney at Law, is ready to protect your rights.
