Kansas employs a drug offense sentencing grid that provides guidelines for drug crimes in the state. The penalties vary according to: The type of CDS involved, The amount you possessed, Your prior criminal history. Whether you go to jail as a result of possession often depends on whether you have any prior criminal convictions, as well as the skills of your defense lawyer in persuading the court to be lenient. Generally speaking, first-time possession of substances from Schedule I-V (excluding opiates, narcotics, and stimulants) is treated as a misdemeanor offense in Kansas. If the substance is classified as an opiate, narcotic, or stimulant listed in Schedule II, it is a level 4 felony. If you have a prior conviction, a misdemeanor offense may be upgraded to a felony, with a higher probability of jail time and significantly higher fines (up to $100,000). Note also that a drug crime on your record will also be taken into account during sentencing if you are convicted of any criminal offense in the future.