What is the law on Marijuana Possession in Lenexa Municipal Court?

The city of Lenexa has it's own laws, those laws are called ordinances. The city ordinances cover a host of issues that might occur in the city. For nearly all of the city ordinances that have a criminal component the city utilizes the Uniform Code for Kansas Municipalities. The uniform code is a set of laws designed to allow cities to adopt them as the law governing the city. The reason that the City of Lenexa has adopted the uniform code is in an effort to minimize costs, legal fees and time while producing a set of law that the are well established and well settled. The city ordinance for Marijuana Possession in Lenexa is listed below:

Sec. 9.9.1. Unlawful Possession of Marijuana and Tetrahydrocannabinols.

(a) Except as authorized by the Uniform Controlled Substance Act, K.S.A. 65-4101 et seq., and amendments thereto, it shall be unlawful for any person to possess or have under such person’s control marijuana, as designated in K.S.A. 65-4105(d), and amendments thereto, or tetrahydrocannabinols, as designated in K.S.A. 65- 4105(h), and amendments thereto.

(b) Penalty.

Violations of subsection (a) is a Class B violation for a first offense and a class A violation if the person has a prior conviction under K.S.A. 65- 4162, prior to its repeal, under substantially similar offense from another jurisdiction, or under any city ordinance or county resolution for a substantially similar offense.

(c) It shall be an affirmative defense to prosecution under this section arising out of a person’s possession of any cannabidiol treatment preparation if the person:

(1) Has a debilitating medical condition, as defined in section 1, and amendments thereto, or is the parent or guardian of a minor child who has such debilitating medical condition;

(2) Is possessing a cannabidiol treatment preparation, as defined in section 1, and amendments thereto, that is being used to treat such debilitating medical condition; and

(3) Has possession of a letter, at all times while the person has possession of the cannabidiol treatment preparation, that: 104

(A) Shall be shown to a law enforcement officer on such officer’s request;

(B) Is dated within the preceding 15 months and signed by the physician licensed to practice medicine and surgery in Kansas who diagnosed the debilitating medical condition;

(C) Is on such physician’s letterhead; and

(D) Identifies the person or the person’s minor child as such physician’s patient and identifies the patient’s debilitating medical condition. (K.S.A. 21-5706)

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 with Marijuana Possession in Lenexa Municipal Court, what should you do?

First off, you're already doing the right thing. When you get charged with a crime it is best to start researching the law and find yourself a lawyer that has experience with that crime. The Lenexa City ordinance is pretty straight-forward when it comes to marijuana possession, however, there is a massive amount of law on marijuana possession cases. The city law doesn't answer many of those questions about searches and seizures, how an officer can pull you over and search your car, et. cetra. Here is when case law comes in, read the commonly asked questions associated with marijuana possession to gather more information and answer your questions. After you have read the law, read the commonly asked questions, it's time to sit down with an experienced criminal defense lawyer. When you are meeting with your prospective lawyer you can aske questions about the law that may not have been answered in your research but you can also get a real world analysis of the Lenexa Municipal Court. Remember, knowing about the people and personalities involved in your case is often just as valuable as knowing about the law and caselaw. If you have a lawyer with experience in Lenexa Municipal Court you can rely on his or her personal knowledge and experience when you are handling your case.