Recommendations for Drug Crime Cases: Statutes and Penalties Analysis

This report provides recommendations for handling drug crime cases, specifically focusing on the application of Kansas law to the cases of Jones, Smith, and Thompson. It analyzes the statutes and penalties associated with cocaine possession and distribution, differentiating between federal and state court implications. The report suggests filing Jones' case in federal court due to the potential for less severe penalties for simple possession, while recommending the district court for Smith, who is not considered a major dealer. Thompson's case is also recommended for federal court, given the stricter penalties for major drug dealers. The report references Kansas Drug Offense Sentencing Grid and the classification of drugs under Schedules I-V to support its recommendations.

Running head: Recommendations
statutes and penalties for drug crimes

Recommendations 1
Table of Contents
Recommendation as to how to proceed concerning Jones' February 6, 2005, cocaine possession?.............2
Recommendation as to where to file the case against Jones, Smith, and Thompson respectively?..............2
References...................................................................................................................................................4

Recommendations 2
Recommendation as to how to proceed concerning Jones' February 6,
2005, cocaine possession?
As per the Kansas law regarding drugs, it is considered unlawful to possess drugs or to distribute
cocaine (including possession with an intention to distribute). The possession of coke is
considered as a crime for which there is a sentence which is given in accordance with the Kansas
Drug Offense Sentencing Grid (Valdez, 2014). While awarding sentence for any future crimes,
including any future drug-related crimes, the previous drug possession crimes on your
record/history will also be taken into consideration.
Recommendation as to where to file the case against Jones, Smith, and
Thompson respectively?
Kansas statutes have classified the drugs in its Schedule I to V on the basis of its addictiveness
and harm involved. Cocaine is given in Schedule II of the controlled substance, whereas, heroin
and marijuana, are given in Schedule I drugs (Harvey, 2016). The actual sentence to be awarded
in case of a drug offense depends on the prior criminal history of the defendant, which can vary
from 10 months for those who have no record of a felony to maximum 42 months for 3 or more
person felonies.
On the other hand, if a person is convicted of a federal drug distribution charge, then it is not
important that he will be prisoned or not but the time period for which he might be prisoned
matters (Gaines, 2015). If a person receives probation in the State court with respect to a drug

Recommendations 3
distribution charge on him, then there can be multiple years of incarceration if he is convicted in
the federal court. The federal drug possession laws and its respective penalties in case of simple
possession are less harsh than the penalties for possession with an intention to sell. These
penalties are as follows:
 First Time charged: Up to one year behind bars and minimum $1,000 as fines.
 Second Time charged: 15 days to 2 years and minimum $2,500 as fines.
 Third Time: 3 months to 3 years and minimum $5,000 as fines.
Thus, as per the above laws and the facts of the case, I would recommend filing the case against
Jones to be filed in the Federal court where he will be given less harsh punishments for simple
possession of drugs.
On the other hand, I would recommend the cases of Smith be filed in the district court as he is
not a major dealer of drugs. And I would finally recommend filing the case of Thompson to be
filed in federal court which has strict penalties as he is considered a major dealer of drugs in our
case.

Recommendations 4
References
Schmidt, D. (2016). Kansas Attorney General.
Dobkin, C., Nicosia, N., & Weinberg, M. (2014). Are supply-side drug control efforts effective?
Evaluating OTC regulations targeting methamphetamine precursors. Journal of Public
Economics, 120, 48-61.
Harvey-Vera, A. Y., González-Zúñiga, P., Vargas-Ojeda, A. C., Medina-Mora, M. E., Magis-
Rodríguez, C. L., Wagner, K., ... & Werb, D. (2016). Risk of violence in drug rehabilitation
centers: perceptions of people who inject drugs in Tijuana, Mexico. Substance abuse treatment,
prevention, and policy, 11(1), 5.
Valdez, S. (2015). Policy Paper on What Can Be Done about Low-Level, Non-Violent Female
Drug Offenders in Kansas. Kan. JL & Pub. Pol'y, 25, 131.
Gaines, T. L., Beletsky, L., Arredondo, J., Werb, D., Rangel, G., Vera, A., & Brouwer, K.
(2015). Examining the spatial distribution of law enforcement encounters among people who
inject drugs after implementation of Mexico’s drug policy reform. Journal of Urban
Health, 92(2), 338-351.