Kansas Laws and Penalties

OffensePenaltyIncarceration  Max. Fine  

Possession
CBD products with 0% THCNoneNone$ 0
Any amountMisdemeanor6 months$ 1,000

With Intent to Distribute
450 g or moreFelony10 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

Sale or Distribution
CBD products with 0% THCNoneNone$ 0
Less than 25 gFelony14 months probation – 51 months*$ 300,000
25 – less than 450 gFelony46 – 83 months$ 300,000
450 g – less than 30 kgFelony92 – 144 months$ 500,000
30 kg or moreFelony138 – 204 months$ 500,000
Within 1000 feet of a school zoneFelony4** - 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

Cultivation
More than 4 – less than 50 plantsFelony46 – 83 months$ 300,000
50 – less than 100 plantsFelony92 – 144 months$ 500,000
100 plants or moreFelony138 – 204 months$ 500,000

Hash & Concentrates
Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia
Store, IngestMisdemeanor1 year$ 2,500
Paraphernalia to cultivate less than 5 plantsMisdemeanor1 year$ 2,500
Paraphernalia to cultivate 5 plants or moreFelony5 months probation – 17 months$ 100,000
SaleMisdemeanor1 year$ 2,500
Sale to a minor or within 1,000 ft of a schoolFelony5 months probation – 17 months$ 100,000

Miscellaneous
Kansas has a marijuana tax stamp law enacted.

Penalty Details

Possession

Possession of marijuana is a Class B misdemeanor punishable by a maximum of 6 months imprisonment and a maximum fine of $1,000 for a first time offense. A second offense is a Class A misdemeanor. There is a rebuttable presumption of intent to distribute if possession is 450 grams or more, which is a drug severity level 5 felony punishable by a fine not to exceed $100,000 and a term of imprisonment ranging from 10 months probation – 42 months imprisonment.

A subsequent conviction is a drug severity level 5 felony punishable by imprisonment for 10 months probation – 42 months imprisonment and a maximum fine of $100,000.

NOTE: Kansas law explicitly exempts CBD (cannabidiol) products containing zero percent THC from the state’s criminal definition of marijuana, making them legal to possess and sell in accordance with applicable licensing laws. No possession limits are specified in the law.

Sale or Distribution

Sale of less than 25 grams is a drug severity level 4 felony punishable by 14 months probation – 51 months imprisonment and a fine not to exceed $300,000.

Distribution of 25 – less than 450 grams is a drug severity level 3 felony punishable by 46 – 83 months imprisonment and a fine not to exceed $300,000.

Sale of 450 – less than 30 kilograms is a drug severity level 2 felony punishable by 92 – 144 months imprisonment and a fine not to exceed $500,000.

Sale of 30 kilograms or more is a drug severity level 1 felony punishable by 138 – 204 months imprisonment and a fine not to exceed $500,000.

Sale within 1,000 feet of a school zone will increase a drug severity level.

NOTE: Kansas law explicitly exempts CBD (cannabidiol) products containing zero percent THC from the state’s criminal definition of marijuana, making them legal to possess and sell in accordance with applicable licensing laws. No possession limits are specified in the law.

Cultivation

Cultivation of more than 4 – less than 50 plants is a drug severity level 3 felony punishable by 46 – 83 months imprisonment and a fine not to exceed $300,000.

Cultivation of 50 – less than 100 plants is drug severity level 2 felony punishable by 92 – 144 months imprisonment and a fine not to exceed $500,000.

Cultivation of 100 or more plants is a drug severity level 1 felony punishable by 138 – 204 months imprisonment and a fine not to exceed $500,000

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.

Paraphernalia

Use of or possession with intent to use paraphernalia to cultivate is a drug severity drug severity level 5 felony punishable by a fine not to exceed $100,000 and a sentence ranging from 10 months probation – 42 months imprisonment.

Paraphernalia used to cultivate less than 5 marijuana plants is a class A nonperson misdemeanor punishable by a maximum of 1 year imprisonment and a fine not to exceed $2,500.

Use of or possession with intent to use paraphernalia to store, ingest is a class A nonperson misdemeanor punishable by a maximum of 1 year imprisonment and a fine not to exceed $2,500.

Sale of paraphernalia is a Class A nonperson misdemeanor punishable by a maximum of 1 year imprisonment and a fine not to exceed $2,500.

Sale to a minor or on or within 1,000 feet of any school property has a nondrug severity level 9, nonperson felony punishable by 5 months probation – 17 months imprisonment and a fine not to exceed $500,000

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.

More Information

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.

Drugged Driving

Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.

Legalized CBD

State law exempts CBD (cannabidiol) products from the state’s criminal definition of marijuana, making them legal to possess and sell in accordance with applicable licensing laws.

Low THC

This state has passed a low THC law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.

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.