Kansas Penalties
| Offense | Penalty | Incarceration | Max. Fine |
Possession | |||
| Any amount (first offense) | misdemeanor | 1 year | $ 2,500 |
| Any amount (subsequent offense) | felony | 10 mos* - 3.5 years | $ 100,000 |
| * Mandatory minimum sentence | |||
Sale or Distribution | |||
| Any amount | felony | 1* - 5 years | $ 300,000 |
| Within 1000 feet of a school zone | felony | 4* - 7 years | $ 300,000 |
| * Mandatory minimum sentence | |||
Cultivation | |||
| 5 plants or more | felony | 12 - 17 years | $ 0 |
Hash & Concentrates | |||
| Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details. | |||
Paraphernalia | |||
| Possession of paraphernalia | misdemeanor | 1 year | $ 2,500 |
Miscellaneous (license suspensions, civil damages, etc...) | |||
| Kansas has a marijuana tax stamp law enacted. | |||
Penalty Details
Possession
Possession of any amount is a Class A misdemeanor punishable by a maximum of 1 year imprisonment and a maximum fine of $2,500.
Subsequent convictions are felonies that are punishable by imprisonment for 10-42 months and a maximum fine of $100,000.
Please see:
- 65-4101 of the Kansas Code
- 65-4105of the Kansas Code
- 21-5706 of the Kansas Code
- 21-4501 of the Kansas Code
- 21-4502 of the Kansas Code
- 21-4503a of the Kansas Code
- 21-4504 of the Kansas Code
Sale or Distribution
Sale of any amount is a felony punishable by 14-51 months imprisonment and a maximum fine of $300,000.
Sale within 1,000 feet of a school zone is a felony punishable by 46-83 months imprisonment and a maximum fine of $300,000.
Please see:
- 65-4101 of the Kansas Code
- 65-4105 of the Kansas Code
- 21-5705(a) of the Kansas Code
- 21-4501 of the Kansas Code
- 21-4502 of the Kansas Code
- 21-4503a of the Kansas Code
- 21-4504 of the Kansas Code
Cultivation
Possession of 5 or more plants is a felony punishable by 138-204 months imprisonment and a fine.
Please see:
- 65-4101 of the Kansas Code
Hash & Concentrates
Hashish and marijuana concentrates are classified as cannabinoids and are Schedule I controlled substances. The penalties for hashish and marijuana concentrates are the same as those for marijuana.
See:
- 21-5701(j) of the Kansas Code
- 65-4105(h) of the Kansas Code
Paraphernalia
Possession of paraphernalia is a misdemeanor punishable by a maximum of 1 year imprisonment and a $2,500 fine.
Please see:
- Section 9.50.040 of the Kansas Code
Miscellaneous
Kansas has a marijuana tax stamp law enacted. Those who possess marijuana are legally required to affix state-issued stamps to the contraband. Failure to do so may result in a fine and/or a criminal sanction.
Please see:
- 79-5204 of the Kansas Code
Conditional Release
The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.
Mandatory Minimum Sentence
When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.
Tax Stamps
This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties.
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