Kansas Laws and Penalties

• Conditional Release
• Drugged Driving
• Legalized CBD
• Low THC
• Mandatory Minimum Sentence
• Tax Stamps

Offense	Penalty	Incarceration	Max. Fine
Possession
CBD products with 0% THC	None	None	$ 0
Any amount	Misdemeanor	6 months	$ 1,000
With Intent to Distribute
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
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
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
Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.
Paraphernalia
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
Kansas has a marijuana tax stamp law enacted.

Penalty Details

Possession

Possession of marijuana is a misdemeanor punishable by a maximum of six months imprisonment and a maximum fine of $1,000 for a first time offense. A second offense is a misdemeanor. There is a rebuttable presumption of intent to distribute if possession is 450 grams or more, which is a 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 felony punishable by imprisonment for 10 months probation – 42 months imprisonment and a maximum fine of $100,000.

• HB 2462
• 21-5705 of the Kansas Code 
• Rebuttable presumption (e)(1)

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

Sale or Distribution

Sale of less than 25 grams is a drug severityfelony 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 felony punishable by 46 – 83 months imprisonment and a fine not to exceed $300,000.

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

Sale of 30 kilograms or more is a 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 level.

• § 21-5705(d)(2)(A), (B), (C), (D) of the Kansas Code
• § 21-5705(d)(5) of the Kansas Code

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

Cultivation

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

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

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

• § 21-5705(d)(7)(A), (B), (C) 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.

• § 65-4101(aa) of the Kansas Code
• § 65-4105(h)(1)) of the Kansas Code

Paraphernalia

Paraphernalia used to store, ingest, or cultivate less than five marijuana plants is a misdemeanor punishable by a maximum of one year imprisonment and a fine not to exceed $2,500.

Paraphernalia used to cultivate five marijuana plants or more is a felony punishable by five months probation and up to 17 months imprisonment and a fine not to exceed $100,000.

Sale of paraphernalia is a misdemeanor punishable by a maximum of one 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 is a felony punishable by five months probation and up to 17 months imprisonment and a fine not to exceed $100,000

• § 21-5709(e)(2)(B), (A) of the Kansas Code
• § 21-5709(e)(4)(B), (A) 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.

• § 79-5204 of the Kansas Code

More Information