Kansas Marijuana Laws

The possession and sale of any amount of marijuana is illegal in Kansas, and potential penalties vary by the amount possessed or sold.

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 (2019).) While not covered in this article, it is also a crime to drive under the influence of marijuana in Kansas.

Marijuana Possession in Kansas

It is a crime to possess any amount marijuana (including small amounts for personal use) in Kansas. Violations are a class B nonperson misdemeanor, punishable by a fine of up to $1,000, up to six months in jail, or both. Second convictions are class A nonperson misdemeanors, with potential penalties of up to a year in jail, a fine of as much as $2,500, or both. And third and subsequent convictions are level 5 drug felonies, punishable by up to 42 months in prison, and a fine of up to $100,000. (Kan. Stat. Ann. §§ 21-5706(b) and (c), 21-6602, 21-6611 (2019).)

Marijuana Cultivation and Distribution in Kansas

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, and whether the defendant has prior convictions.

Distributing less than 25 grams of marijuana. A violation is a level 4 drug felony, punishable by up to 51 months in prison, a fine of up to $300,000, or both.

Distributing at least 25 grams but less than 450 grams of marijuana, or cultivating more than four but fewer than 50 marijuana plants. A violation is a level 3 drug felony, punishable by up to 83 months in prison, a fine of up to $300,000, or both.

Distributing at least 450 grams but less than 30 kilograms of marijuana, or cultivating at least 50 but fewer than 100 marijuana plants. A violation is a level 2 drug felony, punishable by up to 144 months in prison, a fine of up to $500,000, or both.

Distributing 30 kilograms or more of marijuana, or cultivating 100 or more marijuana plants. A violation is a level 1 drug felony, punishable by up to 204 months in prison, a fine of up to $500,000, or both.

Distributing within 1,000 feet of a school. A violation increases the severity level of the offense by one level. For instance, selling less than 25 grams of marijuana (a level 4 drug felony) within 1,000 feet of a school would be increased to a level 3 felony, and the harsher penalties would apply.

(Kan. Stat. Ann. §§ 21-5701, 21-5705, 21-6611 (2019).)

Drug Paraphernalia Laws in Kansas

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, and whether the defendant has prior convictions. (Kan. Stat. Ann. § 21-5701 (2019).)

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 5 drug felony, punishable with up to 42 months in prison, a fine of up to $100,000, or both. However, using paraphernalia to cultivate four or fewer marijuana plants is a class B nonperson misdemeanor. Penalties include a fine of up to $1,000, up to six months in jail, or both. Paraphernalia used for marijuana storage or use is also a class B nonperson misdemeanor. (Kan. Stat. Ann. §§ 21-5709, 21-6602, 21-6611 (2019).)

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 17 months in prison, and a fine of up to $100,000. (Kan. Stat. Ann. §§ 21-5710, 21-6602, 21-6611.)

Medical Marijuana in Kansas

Medical marijuana is not legal in Kansas. All marijuana possession, manufacture, sales, and use is criminalized in the state.

Kansas Stamp Taxes

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 (2019).)

Get Legal Help

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, the law can change at any time. 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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