Kansas Marijuana Laws

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Marijuana possession, sale, and manufacture are regulated by both state and federal law. In Kansas, marijuana is classified as a Schedule I substance, which means that it has a high potential for abuse and no recognized medical value. (Kan. Stat. Ann. § 65-4105.) While not covered in this article, it is also a crime to drive under the influence of marijuana in Kansas. 

For information about charges and penalties for driving under the influence of marijuana in Kansas, see Driving Under the Influence of Marijuana in Kansas.

Marijuana Possession

It is a crime to possess any amount marijuana (including small amounts for personal use) in Kansas. (Kan. Stat. Ann. § 21-5706(b)(3).) Violations are a class A misdemeanor, punishable with a fine of up to $2,500, up to one year in jail, or both. Second and subsequent convictions are level 4 felonies, punishable with up to 26 months in prison, and possible fines. (Kan. Stat. Ann. § 21-5706(c)(2).)

Cultivation and Distribution

It is illegal to cultivate marijuana plants, or to distribute any amount of marijuana (or possess marijuana with the intent to do so) in Kansas. “Cultivation” refers to five or more marijuana plants. Penalties vary according to the violation. (Kan. Stat. Ann. §§ 21-5703 & 21-5705.)

Four or fewer plants. Cultivating four or fewer marijuana plants is a class A nonperson misdemeanor. Penalties include a fine of up to $2,500, up to one year in jail, or both.

Cultivating or selling marijuana. A violation is a level 3 felony, punishable with up to 36 months in prison, and possible fines.

Second convictions. A violation is a level 2 felony, punishable with up to 68 months in prison, and possible fines.

Third and subsequent convictions. A violation is a level 1 felony, punishable with up to 179 months in prison, and possible fines.

Selling to a minor or within 1,000 feet of a school. A violation is a level 2 felony, punishable with up to 68 months in prison, and possible fines.

Drug Paraphernalia

It is illegal in Kansas to possess or distribute drug paraphernalia (or manufacture or possess paraphernalia with the intent to distribute it). Paraphernalia includes items used in growing, harvesting, processing, selling, storing, or using marijuana. Penalties vary according to the violation. (Kan. Stat. Ann. § 21-5710.)

Possession

 Possession and use of drug paraphernalia is a crime in Kansas. Using paraphernalia (or possessing it with the intent to use) to cultivate, harvest, or process marijuana is a level 4 felony, punishable with up to 26 months in prison, and possible fines. However, using paraphernalia to cultivate four or fewer marijuana plants is a class A nonperson misdemeanor. Penalties include a fine of up to $2,500, up to one year in jail, or both. (Kan. Stat. Ann. § 21-5709(e)(2).) Paraphernalia used for marijuana storage or use is a class A nonperson misdemeanor, punishable with a fine of up to $2,500, up to one year in jail, or both. (Kan. Stat. Ann. § 21-5709(e)(2).)

Manufacture or distribution

 It is illegal in Kansas for someone to manufacture or distribute drug paraphernalia when that person knew (or reasonably should have known) that the paraphernalia would be used to grow, process, store, or use marijuana. A violation is a class A nonperson misdemeanor, punishable with a fine of up to $2,500, up to one year in jail, or both. However, if the paraphernalia is distributed to a minor, or is done within 1,000 feet of any school property, the violation is a level 9 nonperson felony. Penalties include up to nine months in jail, and possible fines. (Kan. Stat. Ann. § 21-5710(e)(2).)

Does Kansas Allow Medical Marijuana Use?

No. All marijuana possession, manufacture, sales, and use is criminalized in Kansas.

Does Kansas Impose a Stamp Tax on Marijuana?

Yes. A stamp tax is a tax imposed on certain types of transactions (such as the transfer of property) that requires a stamp to be purchased and attached either to the item sold or to an instrument documenting the transaction (such as a deed). The federal government imposes stamp taxes on deeds, the issue and transfer of stocks and bonds, and on playing cards.

In Kansas, those who buy, transport, or import marijuana into the state are required to pay a stamp tax and place the stamp (proof of payment) onto the contraband. However, because the possession of marijuana is illegal, people typically don’t pay the stamp tax. When you are convicted for possession, you will also be liable for payment of the unpaid taxes ($3.50 for each gram or portion of a gram). (Kan. Stat. Ann. § 79-5202.)

The Value of Local Legal Representation

If you have been charged with a marijuana-related offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.

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