{"id":373471,"date":"2016-03-31T21:35:19","date_gmt":"2016-04-01T02:35:19","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/kansas-law\/kansas-marijuana-laws.html"},"modified":"2024-12-12T16:51:16","modified_gmt":"2024-12-12T21:51:16","slug":"kansas-marijuana-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/kansas-law\/kansas-marijuana-laws.html","title":{"rendered":"Kansas Marijuana Laws"},"content":{"rendered":"\n
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Kansas Marijuana Laws<\/h1>\n\n
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\n By Kit Yona, M.A.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n\n

Aside from one minor exception, the purchase, growth, use, and possession of marijuana is illegal in Kansas. Getting caught with any amount carries the potential for jail time and fines, no matter how small.<\/p>\n

Kansas has no\u00a0medical marijuana program<\/a>\u00a0in place, nor does it allow adult-use recreational marijuana. There is no personal use allowed, and there are no dispensaries for cannabis products with THC operating.<\/p>\n

In a state with marijuana laws this strict, it’s crucial to be aware of the life-altering penalties that cannabis use in the state can cause. In this article, we’ll examine the laws in place, how\u00a0drug charges\u00a0<\/a>can affect you, and the sole concession to cannabis-based pain management allowed by Kansas lawmakers.<\/p>\n

Understanding Kansas Marijuana Laws<\/h2>\n

Knowing how the federal laws operate can offer insight into Kansas’ drug codes, as the two are almost identical. Marijuana is\u00a0still a Schedule I drug<\/a>\u00a0on the federal level, as per the\u00a0Controlled Substances Act<\/a>. The same holds for Kansas.<\/p>\n

A first offense for possession of marijuana can still leave you facing up to six months of imprisonment and a fine of up to $1,000. You can travel to neighboring\u00a0Missouri<\/a>\u00a0and Colorado, where adult-use recreational marijuana use is legal. But bringing any back into Kansas can land you in serious trouble.<\/p>\n

Not only are marijuana sales, use, cultivation, and possession illegal in the state of Kansas, it’s against the law to\u00a0possess paraphernalia<\/a>\u00a0to cultivate, store, or ingest it. Possession of paraphernalia can result in a year in jail and a $2,500 fine. Having more than five plants is a felony with a limit of 17 months in jail and up to a $100,000 fine.<\/p>\n

Driving under the influence of marijuana carries the\u00a0same penalties as alcohol-based offenses<\/a>. A prosecutor must prove that the accused was impaired while operating a motor vehicle. Examples include slurred speech, field test results from law enforcement, and expert testimony.<\/p>\n

Changing Kansas Cannabis Laws<\/h2>\n

There have been several attempts to pass laws allowing the establishment of a\u00a0medical marijuana program in Kansas<\/a>. Many states have allowed residents to decide on marijuana referendums through voting, but Kansas only allows lawmakers to decide. Kansans can’t get an amendment for marijuana legalization put on the ballot.<\/p>\n

Gov. Laura Kelly, a Democrat, is a\u00a0proponent of the legalization<\/a>\u00a0and decriminalization of medical marijuana. But Republicans control the Kansas Senate and Kansas House. They vote against any cannabis bills that make it to the floor. Another attempt failed in April 2024.<\/p>\n

Lawmakers in Topeka also unanimously agreed to overhaul the\u00a0Kansas Standard Asset Seizure and Forfeiture Act<\/a>. The new law improves due process for property owners. This includes property that was eligible for seizure on charges related to marijuana.<\/p>\n

Changing Federal Classification<\/h2>\n

In May 2024, the\u00a0U.S. Department of Justice announced<\/a>\u00a0it intended to reclassify marijuana from Schedule I to Schedule III. This could have a profound effect on the penalties and regulations surrounding marijuana.<\/p>\n

This proposed rule has not yet taken effect. It’s still best to avoid carrying or using marijuana products on federal land.<\/p>\n

Medical Marijuana Laws in Kansas<\/h2>\n

There is no medical marijuana program in Kansas. SB 28, also known\u00a0as Claire and Lola’s Law<\/a>, is the only option for those suffering from certain severe medical conditions.<\/p>\n

Signed into law by Kelly in May 2019, SB 28 gives an\u00a0affirmative defense<\/a>\u00a0for approved medical patients to use a CBD (cannabidiol) oil infused with no more than 5% THC (tetrahydrocannabinol).<\/p>\n

While an affirmative defense prevents conviction, it doesn’t prevent those using the oil from getting arrested and brought into court. Despite how weak the 5% THC-infused oil seems when compared with other forms of medical cannabis, it is for medical use only in Kansas.<\/p>\n

Kansas Marijuana Law Penalties Overview<\/h2>\n

The table below recaps what you’ve learned above and lists the strict penalties associated with the marijuana laws in Kansas.<\/p>\n\n\n\n\n\n\n\n\n
Relevant Kansas codes section<\/th>\nKansas Statutes\n
Is marijuana legal in Kansas?<\/th>\nNo.<\/td>\n<\/tr>\n
What is prohibited?<\/th>\nPossession, sale, distribution, and\u00a0cultivation of marijuana<\/a>\u00a0is illegal in Kansas. No medical marijuana exception applies aside from CBD (cannabidiol) oil infused with no more than 5% THC (tetrahydrocannabinol)<\/td>\n<\/tr>\n
Kansas Marijuana possession penalties<\/th>\nPossession of any\u00a0amount of cannabis<\/a>\u00a0in Kansas is a criminal offense. The charges for possession are:\n
Kansas marijuana Sale or Distribution Penalties<\/th>\nKansas law bases the felony severity level for selling marijuana on the\u00a0amount of marijuana<\/a>\u00a0involved:\n
Kansas marijuana cultivation penalties<\/th>\nGrowing marijuana is illegal in Kansas. The penalty varies depending on the number of plants:\n