Drug possession bail bonds in Wichita depend on one question first: is the charge a felony or a misdemeanor? Under Kansas law, possession of methamphetamine, cocaine, heroin or fentanyl is a drug severity level 5 felony. A first marijuana possession charge is a class B misdemeanor. The level of the charge drives the bond amount, the court that hears the case and the options for diversion or treatment later.
Case Bail Bonds posts bonds at the Sedgwick County Adult Detention Facility, 141 W Elm, around the clock. We are three blocks away at 705 N Broadway. Call (316) 900-1667.
On this page
- How Kansas classifies a possession charge
- How do drug possession bail bonds in Wichita work?
- What conditions come with release on a possession charge?
- Diversion and treatment options in Sedgwick County
- Frequently asked questions
- Call Case Bail Bonds
How Kansas classifies a possession charge
K.S.A. 21-5706 is the simple possession statute. It splits drugs into two groups.
| Substance | First offense | Repeat offense |
|---|---|---|
| Opiates, narcotics and listed stimulants such as meth, cocaine, heroin and fentanyl | Drug severity level 5 felony | Drug severity level 5 felony |
| Marijuana or THC | Class B misdemeanor | Second: class A misdemeanor. Third: level 5 felony |
| Other controlled substances, such as depressants, hallucinogens and anabolic steroids | Class A misdemeanor | Level 5 felony for some substances with a prior |
Three points catch families off guard:
- Amount matters less than people think. Simple possession has no weight floor. Residue in a pipe can support a felony possession charge.
- Paraphernalia is its own charge. A pipe, a scale or baggies usually add a second line to the booking.
- Intent to distribute is a different law. Possession with intent to sell falls under K.S.A. 21-5705, carries heavier penalties and brings a higher bond.
Marijuana is still illegal in Kansas. A medical card from Oklahoma or Missouri, or a legal purchase in Colorado, does not change a possession charge on this side of the state line.
How do drug possession bail bonds in Wichita work?
Every adult arrested in Sedgwick County is booked at 141 W Elm, whether the stop was on South Broadway, at a QuikTrip off Kellogg or on I-135. The Sheriff’s bond page explains how the numbers on the jail record work: each bond amount applies to the charge on its own line, and the total bond is the sum of the column. A person booked for possession and paraphernalia will see two amounts. Both must be covered.
There are three ways to cover them:
- Own recognizance. A signed promise to appear, with no fee. The booking sergeant decides, and it is mostly for local residents on lower charges. See our guide to the OR bond in Sedgwick County.
- Surety bond. A bondsman posts the full bond for a premium.
- Cash bond. Someone pays the entire amount to the jail. Cash bonds over $10,000 require photo ID and an IRS reporting form.
What a bondsman costs
K.S.A. 22-2809b sets a minimum premium of 10% of the bond. At least half of that minimum has to be paid before the bond is posted.
| Total bond | Minimum premium | Minimum due up front |
|---|---|---|
| $2,500 | $250 | $125 |
| $5,000 | $500 | $250 |
| $15,000 | $1,500 | $750 |
| $25,000 | $2,500 | $1,250 |
These are the legal minimums, not a quote. The court sets the bond in each case. If the up front half is hard to reach, read about bail bond payment plans in Wichita or ways to afford a bail bond on a low income.
What conditions come with release on a possession charge?
The judge can attach conditions to any bond under K.S.A. 22-2802. On a drug case the common ones are:
- A drug and alcohol evaluation. The statute allows this for anyone charged with a felony.
- Supervision by a court services officer, which can cost up to $15 per week.
- Drug testing.
- Limits on travel or on who the person spends time with.
A positive test or a missed check in is a bond violation. Under K.S.A. 22-2807 the court can revoke the bond, issue a warrant and set a new bond after the arrest. The first premium is gone. Our page on defendant responsibilities after bail lists the habits that keep a bond in good standing.
Diversion and treatment options in Sedgwick County
A bond gets someone out. It does not resolve the possession charge. Two programs matter in Wichita, and both are easier to pursue from home than from a cell.
District Attorney drug diversion
The Sedgwick County District Attorney publishes criminal drug diversion guidelines. In short:
- It is open to people charged in a single case with simple possession.
- Charges of manufacturing, distribution or possession with intent are excluded.
- The applicant must live in Sedgwick County or an adjoining county and have no warrant or pending felony elsewhere.
- The application is due within 30 days of the first court setting.
- There is a $45 criminal history fee and a $45 application fee.
- The person stays on pretrial release bond during the program.
Finish the agreement and the case is dismissed. Diversion is a privilege that the District Attorney grants case by case, so talk to a defense attorney early. That 30 day window starts quickly.
Treatment instead of prison
K.S.A. 21-6824 allows a judge to sentence eligible people convicted of felony possession to a certified drug treatment program for up to 18 months in place of prison. Eligibility depends on criminal history and on a drug assessment.
If someone you love is using, we keep two local resource pages: free Narcan kits in Wichita and sober living houses in Wichita.
Frequently asked questions
Is drug possession a felony in Kansas?
It depends on the drug. Possession of meth, cocaine, heroin, fentanyl and other opiates is a drug severity level 5 felony. A first marijuana possession charge is a class B misdemeanor.
Can you bail yourself out of the Sedgwick County Jail?
Yes, if you qualify for OR release or can pay the full bond in cash. Most people need someone on the outside to call a bondsman.
Will the bond be higher if there is a prior possession charge?
Often, yes. A prior can raise the level of the new charge, and judges weigh criminal record and past court appearances when they set bond.
Where will the case be heard?
Felony possession cases are heard at the Sedgwick County Courthouse, 525 N Main. The first hearing is covered in our guide to the first appearance in Sedgwick County.
Does the premium come back if the charge is dismissed?
No. The premium pays for the bond service. Cash posted directly with the court is different and is refunded after the case, minus costs and fines.
Call Case Bail Bonds
Tyson and Rachel Case run this family owned company from 705 N Broadway, Wichita, KS 67214. Call (316) 900-1667 any time, day or night. We can check the charges, add up the bond and meet you at the jail.
Sources
- K.S.A. 21-5706, unlawful possession of controlled substances, Kansas Office of Revisor of Statutes
- K.S.A. 22-2802, release before trial and conditions
- K.S.A. 22-2809b, compensated sureties
- K.S.A. 21-6824, certified drug abuse treatment programs
- Sedgwick County District Attorney, criminal drug diversion guidelines
- Sedgwick County Sheriff, how to post bond for an inmate
This article is general information checked against the sources above in October 2026. It is not legal advice.
