Weed in Kansas: Cannabis Legal Status Guide
- 1. Penalties for first-time possession offense reduced
- 2. Marijuana-related offenses and penalties in kansas
- 2. a. Is it legal to grow less than 4 cannabis plants in kansas?
- 2. b. Is cbd legal in kansas?
- 2. c. Where can i buy cbd products in kansas?
- 2. d. Are delta 8 or delta 10 legal in kansas?
- 2. e. Dui marijuana laws in kansas
- 3. The history of legalization attempts in kansas
- 3. a. Medical marijuana legalization initiatives
- 3. b. Adult-use decriminalization and legalization initiatives
- 4. Final thoughts
Kansas remains one of the least hospitable places in the US for recreational cannabis smokers and medical users alike. It belongs to the dwindling group of states that have yet failed to pass any laws that stop treating marijuana smokers as criminals. The only exception was made for those who are caught with a small amount of the substance for the first time – they risk less jail time and lower fines than repeat offenders. Read on to learn more about cannabis laws in Kansas.
Penalties for First-Time Possession Offense Reduced
This is probably the only piece of good news for weed smokers in Kansas. If you’re caught with up to a pound of cannabis for the first-time, you may still go to jail, as it’s still a Class B misdemeanor, but the penalties are much lighter than for the second or subsequent offenses. And don’t let the one-pound limit reassure you – the possession of even one gram is a crime in Kansas and can get you in trouble.
The judge will take into account whether you have a criminal record or not and may sentence you to up to 6 months in prison and up to a $ 1,000 fine. There is a possibility to avoid a trial though – by choosing to participate in the diversion program.
By signing a diversion agreement, you promise to be on your best behavior for the whole duration of the agreement, including attending diversion classes and reporting to a supervisor. If you complete the program successfully, the charges will be dismissed. If not, you’ll be automatically convicted.
Marijuana-Related Offenses and Penalties in Kansas
Things get even scarier for repeat possession offenders or for those charged with other cannabis-related crimes in Kansas. If you possess more than 450 grams, it’s automatically seen as an attempt to distribute – with corresponding severe penalties. The use of any amount and for any purposes remains illegal, and even the possession of marijuana-smoking paraphernalia can land you behind bars.
Below is a shortened list of some marijuana-related offenses and their legal consequences in the state of Kansas.
| Offense/Limits | Maximum Jail Time | Maximum Fine |
|---|---|---|
| Possession | ||
| Less than 450 g | 6 months | $ 1,000 |
| 450+ g (intent to distribute) | 10-42 months | $ 100,000 |
| Cultivation | ||
| 4-50 plants | 46-83 months | $ 300,000 |
| 50-100 plants | 92-144 months | $ 500,000 |
| 100+ plants | 138-204 months | $ 500,000 |
| Possession of Paraphernalia | ||
| For using/storing | 1 year | $ 2,500 |
| For growing | 5 months probation - 17 months | $ 2,500 - 100,000 |
| Sale/Distribution | ||
| Less than 25 g | 14 months probation - 51 months | $ 300,000 |
| 25-450 g | 46-83 months | $ 300,000 |
| 450 g - 30 kg | 92-144 months | $ 500,000 |
| 30+ kg | 138-204 months | $ 500,000 |
Is it Legal to Grow Less Than 4 Cannabis Plants in Kansas?
In Kansas laws, there’s no mention of penalties in the case when you grow less than 4 plants. However, bear in mind that the police aren't very likely to just overlook your secret garden. First of all, don’t forget that possessing weed cultivation equipment is illegal. Second, Kansas still has an antiquated law from the 1930s in place, which imposes ‘marijuana tax’ on this illegal commodity. For live plants, the tax is $0.4 per gram.
Is CBD Legal in Kansas?
According to federal laws, hemp, hemp-derived CBD, and any other products manufactured from hemp should be legal as long as they contain less than 0.3% THC. However, Kansas laws only permit the sale, possession, and use of CBD products with 0% THC.
Besides, there’s a legal protection for medical patients who have their doctor’s recommendation for a CBD treatment and use a high-CBD product in which the content of THC is no more than 5% of the CBD concentration. This, by the way, is the closest thing to a medical marijuana program that the state offers to its residents.
Where Can I Buy CBD Products in Kansas?
You can buy hemp-derived, 0% THC CBD oils and other products in Kansas both in online stores and brick-and-mortar establishments, such as hemp shops, vape shops, health food shops, pharmacies, etc. Depending on the shop, there may be age-restrictions in place as to who may enter it and make a purchase. However, there are no age-restrictions per se for buying a legal CBD product.
Are Delta 8 or Delta 10 Legal in Kansas?
These two cannabinoids are closely related to delta-9-THC, or simply THC, and they also produce psychoactive effects, although milder ones than their famous cousin. Since neither Delta 8 nor Delta 10 were ever included into the list of controlled substances, they have been technically legal across the nation ever since the 2018 Farm Bill legalized hemp and its products. The federal law considers a Delta 8 or Delta 10 product legal as long as they were obtained from hemp and contain less than 0.3% THC. However, in Kansas, this might not be the case, as the local laws may enforce a zero-THC rule.
DUI Marijuana Laws in Kansas
Unlike alcohol, for which there are threshold values signifying impairment, Kansas laws don’t specify any maximum allowed level of THC in either urine or blood, for which you won’t get punished. This isn’t necessarily bad news for cannabis users in Kansas, as it places the burden on the police to prove that you are actually too high to drive a car.
For this, the police use the standard roadside test as well as such common-sense observations as slurred speech, lack of focus and coordination, disorientation, unsteady eye movements, slow reaction, etc. However, the level of THC in the results of the chemical test will also be taken into consideration when determining the penalty. Even more important is whether it’s your first or repeated offense:
- First offense. Incarceration: 48 hrs - 6 months (or 100 hrs of community service); a $500-1,000 fine; suspension of the sentence is possible.
- Second offense. Incarceration: 90 days - 1 year; $1,000-1,500 fine.
- Third and subsequent offenses. Incarceration: 90 days - 1 year; a$2,500 fine.
The History of Legalization Attempts in Kansas
Though Kansas isn’t at the forefront of cannabis reform in the US, there has been no shortage of initiatives to legalize the medical and even recreational use of the substance in the state.
Medical Marijuana Legalization Initiatives
The first bill aiming to provide medical patients with legal access to marijuana was introduced in the Senate in 2013. This initiative would have given patients the right to grow up to 12 plants at home and possess up to 6 ounces of the product. Two years later, the House proposed its own similar bill, but the time wasn’t ripe for such initiatives, as both died in a committee.
The next wave of legalization attempts began much later, in 2021, with a bill that sought to establish a system of licensed manufacture, distribution, and sales facilities catering to registered medical marijuana patients. This more conservative version would neither allow patients to grow their own medicine nor use the smokable or vaporizable products. Nobody was happy with the compromise that had been achieved, and even the proponents expressed no hopes of the bill ever passing, which it didn’t.
In 2023, there were two medical bills, both proposed in the Senate. One prioritized the Sunflower State’s veterans – only they would get the access to medical cannabis in the first 60 days from the start of the program, and veterans organizations would also benefit from the 15% excise tax on all medical marijuana sales. The bill listed a list of qualifying conditions and stipulated that a patient could legally purchase and possess a sufficient supply for 3 months.
The second Senate bill from 2023 was regarded as a more conservative compromise with better chances of passing: it listed 21 qualifying conditions, allowed for the purchase and possession of a 30-day supply, and prohibited smoking and vaporizing medical marijuana. It also set a $400 fine for those patients with a doctor’s recommendations who failed to register in the program but illegally obtained and were caught possessing up to 1.5 ounces of cannabis. Even this toned-down proposal died in a committee.
Adult-Use Decriminalization and Legalization Initiatives
The House went one step further than the Senate, focusing on regulating recreational cannabis use. One bill proposed in 2023 sought to release persons convicted for non-violent marijuana offenses and expunge all criminal records for them and for those who were convicted earlier and served their sentence.
The other bill proposed to establish rules for marijuana cultivation, processing, distribution and sale and allow its possession and use by adults 21 years and older. Both bills never passed beyond committees.
Final Thoughts
Kansas remains one of the more conservative states in the nation when it comes to marijuana laws. Users are advised to take extreme caution when enjoying their favorite pastime, and medical patients will have to wait at least till 2025 before any law is enacted to give them protection from criminal persecution. In the meantime, if you’re a registered voter, you can contact your representative and tell them of your support of cannabis reform in Kansas.
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