3 replies to this topic

[MissMackin11]

Kansas-- to not be 1000 ft. within a school how many blocks away must you live?

Kansas-- what is the outcome to expect when one is charged of possession of meth,intent to sell,no tax stamp,possession of marijuana,possession of paraphenelia? then also with 1000 ft. of a school tacked on?

[pg1067]

MissMackin11 said...

to not be 1000 ft. within a school how many blocks away must you live?

A "block" is not a unit that has a specific distance.  On the other hand, 1,000 feet is precise and easily measured, so I'm not sure why you'd feel the need to try and convert it into some other unit.  Nevertheless, it's a little less than a 2/10 of a mile and a little more than the length of three football fields (goal line to goal line).

MissMackin11 said...

what is the outcome to expect when one is charged of possession of meth,intent to sell,no tax stamp,possession of marijuana,possession of paraphenelia? then also with 1000 ft. of a school tacked on?

I'm not sure what you mean about "no tax stamp."  It's not as though selling meth is legal with a tax stamp.  In any event, knowing only that a person has been charged with these things isn't sufficient to opine intelligently about "expected" outcomes, except to say that the possible outcomes could range from acquittal on all charges to several years in prison.  Consult with a local criminal defense attorney.

[RetCopPrlgl]

I agree with the above poster.

Quoting pg1067:

I'm not sure what you mean about "no tax stamp."

Kansas has an obscure law requiring ALL controlled substances in the State to bear a tax stamp.  It is an additional penalty levied upon those convicted of drug charges, similar to the Federal "no tax stamp" laws that apply to alcoholic spirits.

It's primarily a revenue-producing statute and a "tack on" charge pretty much for all drug arrests/charges.

Statute 79-5208: Same; tax and criminal
penalties for violation of act.
Any dealer violating this act is subject to a penalty of
100% of the tax in addition to the tax imposed by K.S.A. 79-5202
and amendments thereto.
In addition
to the tax penalty imposed, a dealer distributing or possessing marijuana
or controlled substances without affixing the appropriate stamps, labels or
other indicia is guilty of a severity level 10 felony.






Statute 79-5202: Same; imposition of tax; rates; measurement.
(a) There is hereby imposed a tax upon marijuana, domestic marijuana
plants and controlled substances, as defined by K.S.A.
79-5201, and amendments thereto, at the following rates:

     
(1)   On each gram of marijuana, or each portion of a gram, $3.50;

     
(2)   on each gram of a wet domestic marijuana plant, $.40;

     
(3)   on each gram of a dry domestic marijuana plant, $.90;

     
(4)   on each gram of controlled substance, or portion of a
gram, $200; and

     
(5)   on each 50 dosage units of a controlled substance that
is not sold by weight, or portion thereof, $2,000.

     
(   For the purpose of calculating the tax hereunder, an ounce of
marijuana or other controlled substance is measured by the weight of the
substance in the dealer's possession. The weight of the marijuana or
controlled substance includes all material, mixture or preparation that is
added to the marijuana or controlled substance.

I am not an attorney. My comments are made based on my training and experience as well as diligent research.  I am also not perfect, therefore, I will accept constructive criticism, if tendered with respect.

[RetCopPrlgl]

I forgot to mention that the law was initially drafted for application to controlled prescription drugs and medical marijuana.  Dealers (and pharmacists) must obtain a tax stamp for packages containing such items.

ILLEGAL sellers are subject to the same tax requirements.  Obviously they aren't going to apply to the Tax Commissioner for a tax stamp, but they're still in violation of the requirement to do so.

I am not an attorney. My comments are made based on my training and experience as well as diligent research.  I am also not perfect, therefore, I will accept constructive criticism, if tendered with respect.