Master_Shake

Eowyn_Vala
As to the cigs and the landlord:
Whether the landlord can evict you, charge you a cleaning fee or withhold your deposit is going to be determined by the lease you signed. Most likely, the landlord will use your deposit to remove the cig. smell from the room after you leave. It doesn't matter if it was you or your roomate, you are jointly liable for the security deposit and the "damage" to the room. You can try to clean the place up as best you can before you leave in an attempt to remove the cig smell, but it will probably be to no avail.

As to the Pot and the landlord:
Whether he can act on your criminal actions will also be determined by the lease. Some leases allow for eviction upon evidence of criminal activity. He may even be allowed to keep the security deposit for this very reason. Examine the lease, it should answer these questions.

As to the Pot and the law:

Marijuana is a Schedule I drug (under 65-4105) in Kansas. The applicable statute reads:

So the question then becomes, what is possession? Can you possess something just by virtue of it being in your apartment?

I don't have complete access to Kansas' case law, but I'm betting the ideas of possession are similar to Pennsylvania's, to which I do have access.

Regardless of one's proprietary interest in dwelling in which controlled substances are found, if contraband is not found on person of defendant, Commonwealth must prove constructive possession. Com. v. Hoetzel, 426 A.2d 669, 284 Pa.Super. 623, Super.1981

So what is constructive possession?

"Constructive possession" of an illegal substance is the ability to exercise conscious control or dominion over the illegal substance and the intent to exercise that control. Com. v. Kirkland, 831 A.2d 607, Super.2003, reargument denied, appeal denied 847 A.2d 1280, 577 Pa. 712.

For purposes of convicting defendant for illegal possession of controlled substance, constructive possession may be inferred from totality of circumstances. Com. v. Luddy, 422 A.2d 601, 281 Pa.Super. 541, 1980, certiorari denied 102 S.Ct. 114, 454 U.S. 825, 70 L.Ed.2d 99; Com. v. DeCampli, 364 A.2d 454, 243 Pa.Super. 69, 1976.

Evidence that could support the contention that it's not yours:
Your roomate does the stand-up thing and takes the fall for you.
Your roomate keeps his stash in a locked box of his locked closet in his locked room.
Anything that tends to show you had no access to or control over the drugs.

So in the end, it's possible that you could be charged with possession if the cops were to bust in and find his stash. It's also likely that you have a decent shot at beating the charges if you can establish some of the above.

Fortunately, simple possession in Kansas is a class A nonperson misdemeanor, and for a first offense you can enter a special remedial sentence program that allows you to enter probation and get the charges expunged later on.

Of course, it is always best to seek the advice of a local attorney who specializes in these matters. Call your county bar association for a referral for more information.

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You know something, I don't think the sun even... exists... in this place. 'Cause I've been up for hours, and hours, and hours, and the night never ends here.