No, marijuana is illegal in Kansas. The state lists marijuana as a Schedule I substance under Section 65-4105 of the 2012 Statute and prohibits the recreational and medical use of the drug.
However, pursuant to a 2019 law, Kansas permits patients with debilitating medical conditions to use cannabidiol treatment preparations to treat their conditions, provided they have written recommendations from Kansas physicians. The written recommendation serves as an affirmative defense to prosecution pertaining to the possession of CBD treatment preparations. A CBD treatment preparation is defined as a CBD-rich oil with a THC concentration of no more than 5% relative to the CBD concentration in the product. Note that a debilitating medical condition is a medically diagnosed chronic disease or condition causing serious impairment of strength or ability to function.
Cannabis remains illegal in Kansas. However, there are legal moves in process in the state legislature to legalize medical cannabis. Two bills have been introduced in 2023 toward legalizing medical cannabis and one relating to decriminalizing cannabis possession:
SB 171: Senate Bill 171, also known as the Veterans First Medical Cannabis Act, was introduced in the Kansas Senate on February 7, 2023. The Bill proposes to legalize medical marijuana in Kansas. The Bill was introduced in the Kansas Senate on February 07, 2023, and would allow for the cultivation, distribution, sale, possession, and use of medical marijuana by patients who have been diagnosed with qualifying conditions. Some qualifying conditions under the Bill include cancer, PTSD, glaucoma, Parkinson’s disease, HIV/AIDS, epilepsy, and multiple sclerosis.
SB 171 proposes to allow qualifying patients to have an "adequate supply" of medical cannabis. According to the Bill, adequate supply refers to an amount of medical cannabis product possessed by a patient or caregivers that is no more than reasonably necessary to ensure uninterrupted availability for 3 months.
SB 171 proposed the imposition of a 15% excise tax on all medical cannabis product sales in the state. Revenue from the tax would also be used to fund several programs that would benefit veterans in Kansas. The Bill prioritizes veterans in Kansas seeking medical cannabis by allowing only persons currently in military service or individuals who have been honorably discharged from such service to be granted medical marijuana cards for the first 60 days following the effective date of the Act. SB 171 has been referred to the Committee on Federal and State Affairs, and its fate is uncertain
HB 2363: House Bill 2363 is a bill that was introduced in the Kansas Legislature in February 2023. The Bill relates to crimes involving controlled substances, specifically marijuana. It provides for the release of persons convicted for offenses involving marijuana from their sentence and allows for the expungement of convictions, arrest records, and associated biological samples.
The bill specifies that any person who is serving a sentence for the following offenses would be discharged from such offenses when the only substance involved was marijuana:
Also, any person who is currently in the custody of the secretary of corrections serving a term of probation, assignment to a community correctional services program suspension of sentence, non-prison sanction, parole or post-release supervision, serving a sentence in county jail, or on supervision by any municipality solely for an offense described in subsection (a) must be immediately released from custody or supervision. HB 2363 has been referred to the Committee on Corrections and Juvenile Justice and all deliberations on it adjourned.
SB 135: Senate Bill 135 is a proposed act that aims to regulate the cultivation, processing, distribution, sale, and use of medical cannabis in Kansas. The Bill was introduced to the Senate on February 1, 2023. Per SB 135:
HB 2367: House Bill 2367 was introduced by Representative S. Miller on February 8, 2023 to establish regulation for adult-use marijuana in Kansas. If passed, it will provide rules for the cultivation, manufacturing, possession, and sales of cannabis. Since its introduction, HB 2367 has been referred to two different House committees and then its reading adjourned.
Cannabis is illegal in Kansas. However, the state has passed laws permitting the use of CBD products.
The United States has a protracted history with marijuana, with its roots tracing back to the Colonial Era. Hemp, a type of cannabis plant, was actively promoted by the government in the 17th Century for various industrial purposes such as rope, sails, and clothing. However, the production of hemp declined after the Civil War as imports replaced domestic production.
During the late 19th Century, marijuana gained popularity for its use in medicinal products and was openly sold in pharmacies. However, the tides turned in 1937 when Congress passed the Marijuana Tax Act, effectively criminalizing marijuana. Subsequently, the Controlled Substances Act (CSA) was enacted in 1970, consolidating federal laws pertaining to drugs and substances. Under the CSA, marijuana was classified as a Schedule I substance, indicating its perceived lack of accepted medical use, high potential for abuse, and absence of accepted safety under medical supervision.
In recent years, there have been significant developments in the legislative landscape surrounding marijuana in the United States. The House of Representatives passed the MORE (Marijuana Opportunity, Reinvestment, and Expungement) Act, while the Senate is currently working towards consensus on a bipartisan measure known as the Cannabis Administration and Opportunity Act.
Both the MORE Act and the Cannabis Administration and Opportunity Act propose removing marijuana from the Schedule I classification, acknowledging the need for a reevaluation of its legal status. Additionally, these acts introduce the concept of a federal cannabis excise tax and seek to provide relief for individuals with previous convictions related to certain cannabis offenses. However, there are differences between the bills in terms of their scope and regulatory approaches.
The MORE Act offers a more comprehensive federal regulatory system for cannabis, encompassing various aspects of its production, distribution, and use. On the other hand, the Senate bill grants greater regulatory authority to individual states, allowing them to shape their own cannabis policies within a broader federal framework.
No, you cannot use cannabis in Kansas, as it is illegal to purchase or sell recreational and medical cannabis under state laws. Only CBD products are permitted to be sold by CBD dispensaries. You can also purchase CBD products with up to 5% THC.
Selling cannabis is illegal in Kansas.
It is illegal to possess cannabis in Kansas; the state stipulates various punishments for cannabis-related offenses.
Under Kansas law, CBD (cannabidiol) products that contain zero percent THC are explicitly exempt from being classified as marijuana. This exemption allows for the legal possession and sale of such products, provided they comply with relevant licensing regulations. The law does not specify any possession limits for these CBD products.
However, the possession of marijuana itself is considered a misdemeanor in Kansas. A first-time offense can lead to a maximum punishment of 6 months imprisonment and a fine of up to $1,000. A subsequent offense is also classified as a misdemeanor.
If the possession of marijuana is deemed to be 450 grams or more, there is a rebuttable presumption of intent to distribute. This particular offense is considered a felony and carries a fine not exceeding $100,000, along with imprisonment ranging from 10 months of probation to 42 months of imprisonment.
In the case of subsequent convictions for possession of marijuana, the offense remains a felony. The punishment can include imprisonment for 10 months of probation to 42 months of imprisonment, along with a maximum fine of $100,000.
In Kansas, the sale of marijuana is subject to different penalties based on the amount involved, as stated below.
Note that selling marijuana within 1,000 feet of a school zone can lead to an increased level of penalties.
In Kansas, the cultivation of marijuana is subject to different penalties depending on the number of plants involved. Here is an overview of the penalties:
Kansas does not have a per se limit for marijuana use, unlike the 0.08% blood alcohol content limit for persons caught driving under the influence of alcohol. To convict a motorist of drugged driving (marijuana), the prosecutor must prove that cannabis use produced impairment to the point that the driver was incapable of driving safely. Blood test findings, expert testimony, slurred speech, and unsteady eye movements, as observed by the arresting officer, may be used to prove impairment.
Drugged driving fines are similar to drunk driving penalties in that they are dependent on variables, including past infractions and the THC concentration levels found in your system. Penalties include:
Note that individuals convicted of drugged driving who have a child under the age of 14 as a passenger will have their punishments enhanced by one month of imprisonment. The enhanced imprisonment must be served consecutively to any other penalty.
The possession of paraphernalia used to store, ingest, or cultivate less than five marijuana plants is considered a misdemeanor offense in Kansas. This offense carries a maximum penalty of one-year imprisonment and a fine not exceeding $2,500.
However, if the paraphernalia is used to cultivate five or more marijuana plants, it is classified as a felony offense. The punishment for this offense includes a range of five months of probation up to 17 months of imprisonment. Additionally, a fine not exceeding $100,000 may be imposed. The sale of paraphernalia is also classified as a misdemeanor, carrying a maximum penalty of one-year imprisonment and a fine not exceeding $2,500.
Note that selling paraphernalia to a minor or within 1,000 feet of any school is considered a more serious offense. This offense is a felony carrying a punishment of five months of probation and up to 17 months of imprisonment. Similarly, a fine not exceeding $100,000 can be imposed
Both hashish and marijuana concentrates are categorized as cannabinoids and are considered Schedule I controlled substances. This classification places them in the same legal category as marijuana. Consequently, the penalties for possessing, distributing, or cultivating hashish and cannabis concentrates are the same as those imposed for marijuana offenses.
There are laws in Kansas regarding the confiscation of assets or property associated with cannabis offenses. These statutes permit the seizure and forfeiture of property associated with or derived from unlawful cannabis activities. Under Kansas law, property used, intended for use, or derived from the commission of a cannabis-related offense may be confiscated. This includes cash, automobiles, real estate, and other forms of property. Also, Kansas law permits the seizure and forfeiture of cannabis-related activities' proceeds. This includes earnings from cannabis sales, cultivation, and distribution.
Kansas has implemented a marijuana tax stamp law, which mandates that individuals in possession of marijuana must affix state-issued stamps to the illegal substance. Failure to comply with this law may result in the imposition of fines and potential criminal penalties.
If you have been charged with a marijuana-related offense in Kansas, typical remedies usually involve you seeking legal assistance. Although the penalties for marijuana offenses are governed by law, the regulations can change at any time. Therefore, only a local criminal defense attorney may be able to determine how your case may be handled by prosecutors and judges at local courthouses. Some remedies that you may pursue include:
Medical cannabis has been illegal in Kansas since 1927 when a nationwide move to ban the drug swept through the United States. Between 2013 and 2015, a series of attempts were made to legalize medical cannabis, but the moves failed. In 2018, Governor Coyle signed SB 282 into law, permitting Kansans to use CBD products containing THC. However, in 2019, SB 28 was signed into law, allowing an affirmative defense in court for persons charged with possessing or using CBD products containing no more than 5% THC.
SB 560 was introduced in the 2021-2022 legislative sessions to enact a medical marijuana regulation act to regulate the cultivation, processing, distribution, sale, and use of medical marijuana. SB 560 failed to progress in the Kansas Senate.
SB 171 and SB 135 were introduced in the state’s 2023 legislative session to legalize medical marijuana. Both have been referred to separate committees, and as of early 2024, none has been passed into law. Also, HB 2363, introduced by Representatives Miller, Alcala, Amyx, Ballard, and Boyd at the Kansas House, proposes to release any person convicted of a drug offense involving marijuana from such prison's sentence and provide for the expungement of associated records. The Bill has been referred to the Committee on Corrections and Juvenile Justice, with the hearing adjourned until January 2024.
It is illegal to grow, possess, distribute, deliver, manufacture, or use cannabis in Kansas. There are stringent penalties in the state law pertaining to illicit cannabis activities.