Offense | Penalty | Incarceration | Max. Fine |
---|---|---|---|
Possession |
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CBD products with 0% THC | None | None | $ 0 |
Any amount | Misdemeanor | 6 months | $ 1,000 |
With Intent to Distribute |
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450 g or more | Felony | 10 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 |
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CBD products with 0% THC | None | None | $ 0 |
Less than 25 g | Felony | 14 months probation – 51 months* | $ 300,000 |
25 – less than 450 g | Felony | 46 – 83 months | $ 300,000 |
450 g – less than 30 kg | Felony | 92 – 144 months | $ 500,000 |
30 kg or more | Felony | 138 – 204 months | $ 500,000 |
Within 1000 feet of a school zone | Felony | 4** - 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 |
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More than 4 – less than 50 plants | Felony | 46 – 83 months | $ 300,000 |
50 – less than 100 plants | Felony | 92 – 144 months | $ 500,000 |
100 plants or more | Felony | 138 – 204 months | $ 500,000 |
Hash & Concentrates |
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Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details. | |||
Paraphernalia |
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Store, Ingest | Misdemeanor | 1 year | $ 2,500 |
Paraphernalia to cultivate less than 5 plants | Misdemeanor | 1 year | $ 2,500 |
Paraphernalia to cultivate 5 plants or more | Felony | 5 months probation – 17 months | $ 100,000 |
Sale | Misdemeanor | 1 year | $ 2,500 |
Sale to a minor or within 1,000 ft of a school | Felony | 5 months probation – 17 months | $ 100,000 |
Miscellaneous |
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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.
- HB 2462 Read Summary
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.
- 65-4101 of the Kansas Code Web Search
- 65-4105 of the Kansas Code Web Search
- 21-5705 of the Kansas Code Web Search
- 21-5706 of the Kansas Code Web Search
- 21-6602 of the Kansas Code Web Search
- 21-6611 of the Kansas Code Web Search
- Sentencing Grid
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.
- SB 282 Read summary
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.
- 65-4101 of the Kansas Code Web Search
- 65-4105 of the Kansas Code Web Search
- 21-5705 of the Kansas Code Web Search
- 21-6611 of the Kansas Code Web Search
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.
- SB 282 Read more
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
- 21-5705 of the Kansas Code Web Search
- 21-6611 of the Kansas Code Web Search
- 65-4101 of the Kansas Code Web Search
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.
- 21-5701(j) of the Kansas Code Web Search
- 21-6602 of the Kansas Code Web Search
- 21-6611 of the Kansas Code Web Search
- 65-4105 of the Kansas Code Web Search
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
- Section 9.50.040 of the Kansas Code Web Search
- 21-5709 of the Kansas Code Web Search
- 21-5710 of the Kansas Code Web Search
- 21-6602 of the Kansas Code Web Search
- 21-6611 of the Kansas Code Web Search
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.
- 79-5204 of the Kansas Code Web Search
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.