Kansas Marijuana Laws

By Kit Yona, M.A. | Legally reviewed by Laura Temme, Esq. | Last reviewed December 12, 2024

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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.

Kansas has no medical marijuana program in 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.

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 drug charges can affect you, and the sole concession to cannabis-based pain management allowed by Kansas lawmakers.

Understanding Kansas Marijuana Laws

Knowing how the federal laws operate can offer insight into Kansas' drug codes, as the two are almost identical. Marijuana is still a Schedule I drug on the federal level, as per the Controlled Substances Act. The same holds for Kansas.

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 Missouri and Colorado, where adult-use recreational marijuana use is legal. But bringing any back into Kansas can land you in serious trouble.

Not only are marijuana sales, use, cultivation, and possession illegal in the state of Kansas, it's against the law to possess paraphernalia to 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.

Driving under the influence of marijuana carries the same penalties as alcohol-based offenses. 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.

Changing Kansas Cannabis Laws

There have been several attempts to pass laws allowing the establishment of a medical marijuana program in Kansas. 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.

Gov. Laura Kelly, a Democrat, is a proponent of the legalization and 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.

Lawmakers in Topeka also unanimously agreed to overhaul the Kansas Standard Asset Seizure and Forfeiture Act. The new law improves due process for property owners. This includes property that was eligible for seizure on charges related to marijuana.

Changing Federal Classification

In May 2024, the U.S. Department of Justice announced it intended to reclassify marijuana from Schedule I to Schedule III. This could have a profound effect on the penalties and regulations surrounding marijuana.

This proposed rule has not yet taken effect. It's still best to avoid carrying or using marijuana products on federal land.

Medical Marijuana Laws in Kansas

There is no medical marijuana program in Kansas. SB 28, also known as Claire and Lola's Law, is the only option for those suffering from certain severe medical conditions.

Signed into law by Kelly in May 2019, SB 28 gives an affirmative defense for approved medical patients to use a CBD (cannabidiol) oil infused with no more than 5% THC (tetrahydrocannabinol).

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.

Kansas Marijuana Law Penalties Overview

The table below recaps what you've learned above and lists the strict penalties associated with the marijuana laws in Kansas.

Relevant Kansas codes section Kansas Statutes
Is marijuana legal in Kansas? No.
What is prohibited? Possession, sale, distribution, and cultivation of marijuana is illegal in Kansas. No medical marijuana exception applies aside from CBD (cannabidiol) oil infused with no more than 5% THC (tetrahydrocannabinol)
Kansas Marijuana possession penalties Possession of any amount of cannabis in Kansas is a criminal offense. The charges for possession are:
  • First-time offense (class B misdemeanor): Up to six months in jail and a $1,000 fine
  • Second offense (class A misdemeanor): Up to one year in jail and a $2,500 fine
  • Third or subsequent offense (level 5 drug felony): Between 10 months of probation to 48 months of incarceration, depending on the offender's prior history, and up to a $100,000 fine.
  • Possession of 450 grams or more of marijuana: Creates a presumption of intent to distribute, which raises the category of penalty to the equivalent of a third offense
Kansas marijuana Sale or Distribution Penalties Kansas law bases the felony severity level for selling marijuana on the amount of marijuana involved:
  • Less than 25 grams (level 4 felony): Between 14 months of probation and 51 months of incarceration and up to a $300,000 fine
  • More than 25 grams and less than 450 grams (level 3 felony): Between 46 and 83 months of incarceration and up to a $300,000 fine
  • More than 450 grams or more but less than 30 (level 2 felony -intent to distribute): Between 92 and 144 months of incarceration and up to a $500,000 fine
  • Over 30 (level 1 felony): Between 138 and 204 months of incarceration and up to a $500,000 fine

Penalties get enhanced if the drug gets sold or distributed on or within 1,000 feet of any school property.
Kansas marijuana cultivation penalties Growing marijuana is illegal in Kansas. The penalty varies depending on the number of plants:
  • Between five to 49 plants (level 3 felony): Between 46 and 83 months of incarceration and up to a $300,000 fine
  • Between 50 to 99 plants (level 2 felony) : Between 92 and 144 months of incarceration and up to a $500,000 fine
  • 100 or more plants (level 1 felony) Between 138 and 204 months of incarceration and up to a $500,000 fine

Note: State laws are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct independent legal research to verify particular state laws).

Kansas Cannabis Laws: More Research

Facing Kansas Marijuana Charges? Talk to an Attorney

Marijuana charges in Kansas are always serious. Even the smallest amount can find you facing jail time and large fines. A conviction in Kansas can have damaging effects. If you're facing a marijuana possession charge, consider reaching out to a Kansas defense attorney.

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