Kansas Marijuana Laws
Kansas may be the Sunflower State, but when it comes to marijuana laws, it would be better referred to as the Zero Tolerance State. Any amount of marijuana can land Kansas residents in jail, except for CBD preparations with zero THC.
LAW BREAKDOWN
LAW BREAKDOWNS
Anti-marijuana laws are particularly harsh in Kansas, where use of the drug is only permitted for limited medical use. The maximum penalties are highly punitive, including potentially massive fin
Possession
Possession of any amount of cannabis is a misdemeanor, punishable by up to six months in jail and $1,000 in fines.
Any amount more than 450 grams is classed as possession with intent to supply, a felony punishable by anything from 10 months probation to 42 months in prison, depending on the severity of the charge, plus up to $100,000 in fines.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| CBD products with 0% THC | None | None | $ 0 |
| Any amount | Misdemeanor | 6 months | $ 1,000 |
With Intent to Distribute |
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| 450 g or more | Felony | 10 months probation – 42 months* | $ 100,000 |
| CBD products containing zero percent THC are exempt from the criminal code. See Penalty Details. | |||
| * Sentence determined by category and severity drug severity level | |||
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Sale and Distribution
Sale, delivery, or trafficking of any amount of marijuana is a felony in Kansas, and punishments range substantially depending on the amount involved. For sale of less than 25 grams, penalties can include anything from 14 months probation to 51 years’ imprisonment, depending on the severity, plus possible fines of $300,000.
For quantities between 25 and 450 grams, the prison term is between 46 and 83 months, and a fine of $300,000 is possible. When the amount sold is between 450 grams and 30 kilograms, the prison sentence increases to between 92 and 144 months, and the top fine is $500,000. Finally, anything more than 30 kilograms is punishable by between 138 to 204 months in prison, plus $500,000 in fines.
Sale or distribution within 1,000 feet of a school zone carries a penalty of between four and seven years in prison, plus $300,000 in fines.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| CBD products with 0% THC | None | None | $ 0 |
| Less than 25 g | Felony | 14 months probation – 51 years* | $ 300,000 |
| 25 – less than 450 g | Felony | 46 – 83 months | $ 300,000 |
| 450 g – less than 30 kg | Felony | 92 – 144 months | $ 500,000 |
| 30 kg or more | Felony | 138 – 204 months | $ 500,000 |
| Within 1000 feet of a school zone | Felony | 4** – 7 years | $ 300,000 |
| CBD products containing zero percent THC are exempt from the criminal code. See Penalty Details. | |||
| * Sentence determined by category and severity drug severity level | |||
| ** Mandatory minimum sentence | |||
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Cultivation
Growing more than four plants is a felony in Kansas. When between four and 50 plants are cultivated, the penalty is a minimum of 46 months in prison, a maximum of 83 years, and a maximum fine of $300,000
When the quantity of plants cultivated is between 50 and 100, the prison term is between 92 and 144 months, and fines of $500,000 are possible. And finally, when more than 100 plants are involved, a fine of up to $500,000 is possible, as well as between 138 and 204 months in prison.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| More than 4 – less than 50 plants | Felony | 46 – 83 months | $ 300,000 |
| 50 – less than 100 plants | Felony | 92 – 144 months | $ 500,000 |
| 100 plants or more | Felony | 138 – 204 months | $ 500,000 |
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Hash and Concentrates
Cannabis concentrates, including hashish and hash oil, are treated the same as regular cannabis under Kansas law. That means the weight limits are the same and there are no increased penalties for possession, sale, distribution, or cultivation of concentrates.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details. | |||
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Paraphernalia
Paraphernalia in Kansas includes any device used for the manufacture, cultivation, testing, analysis, storage, concealing, or introducing of cannabis to the body.
Possession of paraphernalia is a misdemeanor, subject to up to one year in jail and $2,500 in fines, when the equipment is used to store or ingest marijuana, or if the equipment allows cultivation of no more than four plants.
Possessing equipment allowing the cultivation of five or more plants, however, is a felony. The punishment can be anything from five months probation to 17 months in prison, plus fines of $100,000.
Sale or distribution of marijuana paraphernalia is a misdemeanor, subject to a maximum one year in prison and $2,500 in fines. When paraphernalia is sold to a minor or within 1,000 feet of a school, penalties include a minimum of five months probation, a maximum of 17 months in prison, and $100,000 in fines.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Store, Ingest | Misdemeanor | 1 year | $ 2,500 |
| Paraphernalia to cultivate less than 5 plants | Misdemeanor | 1 year | $ 2,500 |
| Paraphernalia to cultivate 5 plants or more | Felony | 5 months probation – 17 months | $ 100,000 |
| Sale | Misdemeanor | 1 year | $ 2,500 |
| Sale to a minor or within 1,000 ft of a school | Felony | 5 months probation – 17 months | $ 100,000 |
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Miscellaneous
| Tax |
|---|
| Kansas has a marijuana tax stamp law enacted. |
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Medical Marijuana
MEDICAL MARIJUANA
Kansas has legalized cannabidiol (CBD) by exempting it from the state’s definition of marijuana. This makes it legal to possess and sell CBD in accordance with state licensing laws.
QUALIFYING CONDITIONS:
N/A
PATIENT POSSESSION LIMITS:
N/A
HOME CULTIVATION:
N/A
STATE-LICENSED DISPENSARIES:
N/A
CAREGIVERS:
N/A
RECIPROCITY:
N/A
Kansas Marijuana Attorneys
The following Kansas lawyers are actively involved in the practice of cannabis law:
