Kansas law, as well as its’ recreational and medical legalization efforts, are moving slower than many of its surrounding states. It is one of seven states that has not established a medical program. Updating the laws requires an act of the legislature, which meets once a year for ninety days in even-numbered years and one period of unlimited duration in odd-numbered years.

In 2021, the House passed its first medical marijuana bill, so activists are hopeful for Senate approval as well. The 2022 session has convened, and medical cannabis is on the agenda for the Senate. Prior to the legislature adjourning its 2021 session, the Kansas House of Representatives approved a bill to legalize medical cannabis.

State Laws and Offenses

Marijuana possession penalties are significant in the state of Kansas and it is still considered one of the state’s controlled substances. It is also still federally illegal and a Scheduled I Controlled Substance.

Possession of less than twenty-five grams of marijuana for personal use could result in misdemeanor convictions and other potential penalties even for the first offense.

Criminal Penalties:

• First-time possession is a class B misdemeanor punishable by a 1,000 USD fine, and a maximum prison sentence of up to six months
• Second offense: 2,500 fine USD and a maximum sentence of twelve months in prison
• Third offense: felony charge and steep fines up to 100,000 USD and up to three and a half years of jail time.
• Possession of marijuana with intent to distribute below twenty-five grams is considered felony possession and may result in a mandatory minimum of fifty-one months in prison and fines of up to 300,000 USD depending on criminal history.
• If a person may possess marijuana in more significant distribution amounts, it could result in more severe sentencing, with penalties up to one year, and topping out at seventeen years in jail and 500,000 USD in fines.
• Cultivation penalties have an equal severity level. They go up with the number of plants, with as few as five marijuana plants resulting in a felony charge, up to seven years incarceration, and a maximum fine of 300,000 USD.
• Kansas’ marijuana possession limits and drug paraphernalia laws resulted in the arrest of over 5,000 people in 2016.
• Marijuana offenses can be charged in state or federal court. If charged, to ensure that you are receiving an affirmative defense, reach out to an experienced criminal defense attorney. Criminal defense lawyers with experience handling small and large marijuana crimes at the state and federal levels can significantly help and personal information will remain sealed due to the attorney-client relationship.
  • Including:
  • Growing marijuana
  • Marijuana trafficking
  • Distribution or sale
  • Possession with the intent to sell
  • Drug possession
  • Conspiracy

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