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| It is against the law in Kansas to possess, sell, make or possess with the intent to sell meth. It is also illegal to sell or possess with the intent to sell meth within 1000 feet of a school. In Kansas, sentencing laws are based on a guidelines system. To that end, an individual's prior criminal history is what affects the length of his or her sentence. The severity level of the sentence (for drug laws 1-4) is the starting point. |
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A. A person who
possesses meth can be sentenced from 10 - 42 months depending on the
individual's prior criminal history. A first time offender would receive
presumptive probation of 10-12 months. An individual who has a prior
criminal history of one or more person felonies (i.e. a felony wherein a
person is a victim) would receive a
term of 23-42 months of presumptive imprisonment, depending on their
criminal history. B. A person who manufactures meth can be sentenced to a term of 138-204 months of presumptive imprisonment depending on his or her criminal history. C. A person who sells or possesses with the intent to sell meth can be sentenced from 14-51 months depending on the individual's criminal history. A first time offender would receive presumptive probation of 14-16 months. An individual with a prior criminal history of one or more person felonies would receive a term of 32-51 months of presumptive imprisonment, depending on their criminal history. Further, an individual convicted who sells or possesses meth with the intent to sell, and who has one prior conviction for the same type of offense automatically is bumped to a severity level 2 offense and will receive a term of presumptive imprisonment of 46-83 months, depending on the individual's criminal history. A person with 2 or more prior convictions of the same type of offense is bumped to a level 1 offense and will receive a term of presumptive imprisonment of 138-204 months, depending on the individual's criminal history score. D. A person who sells or possesses with the intent to sell any meth within 1000 feet of a school can be sentenced from 46-83 months of presumptive imprisonment, depending on the individual's criminal history score. The suspect, however, has to be more than 18 years of age for this provision to apply. |
