What is the law on Marijuana Possession in Leawood Municipal Court?
The city of Leawood has adopted the Uniform Code for Kansas Municipalities for nearly all of the conduct that the city wishes to criminalize. The Uniform Code is a set of laws that many cities adopt to negate the time, effort and cost of authoring and passing their own city code. One of the exceptions to the adoption of the city code is the City of Leawood has written and passed its own law prohibiting the possession of Marijuana within the City Limits of Leawood. Here is a link to the entire law. Below is excerpts from the law that are the most relevant.
11-602. POSSESSION OF CONTROLLED SUBSTANCES.
(a) It is unlawful for any person to possess, or have under his or her control, any dangerous drug or controlled substance.
(b) [Repealed]
(c) It is unlawful for any person to possess, or have under his or her control, any marijuana. A violation of this subsection (c) shall be punishable as a Class B violation as defined by the “Uniform Public Offense Code for Kansas Cities,” as incorporated by reference by Section 11-101 of this Chapter, as amended; except that if a person has a prior conviction for possession of marijuana in this City or under a substantially similar law from any another jurisdiction, it shall be punishable as a Class A violation.
11-601. DEFINITIONS.
This is the relevant definition of "Marijuana" in the definition section of the drug law.
(g) “Marijuana” means all parts of all varieties of the plant Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake or the sterilized seed of the plant which is incapable of germination.
Possible Punishment
*Class B Violations are punishable by up to 180 days in the Johnson County Jail, however, most Class B Violations are eligible for probation
*Class A Violations are punishable by up to 365 days in the Johnson County Jail, however, most Class A Violations are eligible for probation
You've been charged in Leawood Municipal Court with Marijuana Possession, now what do you do?
If you have been charged with Marijuana Possession in the City of Leawood and you have sought out this page, you're already doing the right thing. You have identified that you need to gather more information on this problem you are facing. Reading the law that law enforcement claims you violated is a good start to gathering the information you need. You may notice that the law on Marijuana Possession isn't exactly exhaustive. It has probably led you to more questions than answers. The law can't encompass every fact scenario and delineate what is right in wrong in each scenario. If you have questions about how a certain fact scenario might play out in court with a Marijuana Possession case see the commonly asked questions associated with marijuana possession cases. After you've read the law, read up on the common questions, it's time to hire a lawyer. Look for a criminal defense lawyer with experience in Leawood Municipal Court. Understanding the personalities and processes of the Leawood Municipal Court can be equally as important as understanding the law on Marijuana possession.