by Tracy McCue, Sumner Newscow — James Francis, born in 1981, and Joivah Francis, born in 1978, of 704 E. Lincoln St. in Wellington have been charged with two felony counts and one misdemeanor for allegedly growing marijuana inside his home.
Sumner County Attorney Kerwin Spencer in late July have charged the Francis couple with possession of more than 28 grams of marijuana without affixing a drug stamp tax which is considered a level 10 felony. Francis’s was also charged with possession of drug paraphernalia for cultivation or analyzation, a level 5 drug felony and possession of drug paraphernalia for storing or inhaling marijuana, a Class A misdemeanor.
The Francis family is accused on March 1, 2014 of possessing a quantity greater than 28 grams of marijuana which made him according to the Sumner County District Court Complaint a dealer pursuant to the Kansas State Statute 79-5201 which states: a ”dealer” means any person who, in violation of Kansas law, manufactures, produces, ships, transports or imports into Kansas or in any manner acquires or possesses more than 28 grams of marijuana, or more than one gram of any controlled substance, or 10 or more dosage units of any controlled substance which is not sold by weight.
The Francis family is accused of failing to have attached the official stamps showing that the tax imposed had been paid in full and due as soon as the marijuana plants were harvested at his Wellington home. Allegedly, Joivah and James Francis had grown and harvested a dried weight of 174 grams of marijuana plants in their home in Wellington at 704 E. Lincoln, the complaint said.