Created by FindLaw's team of legal writers and editors | Last reviewed September 13, 2024
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While states across the nation, starting with Colorado and Washington, have decided to legalize recreational marijuana, Kansas still considers marijuana to be a controlled substance that shouldn’t be used recreationally by its residents. In fact, Kansas doesn’t even have legalized medical marijuana, although about half the states do allow cannabis for medical purposes. In 2014, a compassionate cannabis bill died in a Kansas senate committee, but future reform is possible.
Federal and state laws classify drugs from Schedule I at the highest, most dangerous level to Schedule V at the lowest. These schedules are reportedly determined by the drugs' accepted medical uses, as well as potential for addiction and harm. However, marijuana is classified as a Schedule 1 controlled substance with such drugs as heroin and meth.
The following table outlines the heroin laws in Kansas.
| Code Section | Kansas Statutes Chapter 21, Article 57: Crimes Involving Controlled Substances and Section 65-4105: Schedule I Controlled Substances |
| What is Prohibited? | Possessing pot for personal use or for sale and selling or distributing marijuana are illegal in Kansas. Growing or cultivating Mary Jane is also illegal. |
| Possession | Marijuana possession is treated slightly lighter than coke, heroin, and other drug possession in Kansas. The first possession charge is a misdemeanor that can be penalized by up to one year in jail and a $2,500 fine. The second marijuana possession charge is a Severity Level 5 drug felony that’s sentenced according to the Kansas Drug Offense Sentencing Grid. Your sentence will depend on your prior criminal history, varying from 10 months for no or minimal record to 42 months for 3 or more “person felonies” or crimes against people, such as assault or rape. Also, understand a drug crime on your record will be taken into account during the sentencing of any future crimes. In addition, a fine up to $100,000 could be assessed for a second marijuana possession charge. |
| Sale or Distribution | Kansas law bases the felony severity level for selling marijuana on the amount of marijuana involved:
The penalty ranges from the 10 months for a level 4 felony to 17 years for a level 1, plus a fine up to $500,000 for a level 1 or 2 offense. If you had at least 450 grams of marijuana in your possession, there will be an inference of intent to distribute, which means the facts must support this inference rather than a presumption of selling. The level will be bumped up a level if the weed was sold or distributed on or within 1,000 feet of any school property. |
| Cultivation | Growing marijuana is also illegal in Kansas. The penalty varies depending on the number of plants:
These are also penalized according to the sentencing grid, from almost 4 years to 17 years depending on the number of plants and the defendant’s criminal record. |
Note: State laws are revised by lawmakers, state and federal judges, and even voters quite frequently. It’s important to contact an attorney or conduct your own legal research to verify these drug crime laws.
If you're facing a marijuana charge, you should talk to an experienced Kansas criminal defense lawyer or a public defender as soon as possible. Even though marijuana laws and attitudes toward it have been changing, a conviction on your record can have damaging effects. Get started today by meeting with a Kansas defense attorney in your area.
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