Marijuana Law

Possession

Offense

Any amount

Penalty

Misdemeanor

Incarceration

6 months

Max. Fine

$ 1,000

With Intent to Distribute

Offense

450 g or more

Penalty

Felony

Incarceration

10 months probation – 42 months*

Max. Fine

$ 100,000

* Sentence determined by category and severity drug severity level

Sale or Distribution

Offense

Less than 25 g

Penalty

Felony

Incarceration

14 months probation – 51 years*

Max. Fine

$ 300,000

Sale or Distribution

Offense

25 – less than 450 g

Penalty

Felony

Incarceration

46 – 83 months

Max. Fine

$ 300,000

Sale or Distribution

Offense

450 g – less than 30 kg

Penalty

Felony

Incarceration

92 – 144 months

Max. Fine

$ 500,000

Sale or Distribution

Offense

30 kg or more

Penalty

Felony

Incarceration

138 – 204 months

Max. Fine

$ 500,000

Sale or Distribution

Within 1000 feet of a school zone

30 kg or more

Penalty

Felony

Incarceration

4** - 7 years

Max. Fine

$ 300,000

* Sentence determined by category and severity drug severity level

** Mandatory minimum sentence

Cultivation

Offense

More than 4 – less than 50 plants

Penalty

Felony

Incarceration

46 – 83 months

Max. Fine

$ 300,000

Cultivation

Offense

50 – less than 100 plants

Penalty

Felony

Incarceration

92 – 144 months

Max. Fine

$ 500,000

Cultivation

Offense

100 plants or more

Penalty

Felony

Incarceration

138 – 204 months

Max. Fine

$ 500,000

Hash & Concentrates

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

Paraphernalia

Offense

Store, Ingest

Penalty

Misdemeanor

Incarceration

1 year

Max. Fine

$ 2,500

Paraphernalia

Offense

Paraphernalia to cultivate less than 5 plants

Penalty

Misdemeanor

Incarceration

1 year

Max. Fine

$ 2,500

Paraphernalia

Offense

Paraphernalia to cultivate 5 plants or more

Penalty

Felony

Incarceration

5 months probation – 17 months

Max. Fine

$ 100,000

Paraphernalia

Offense

Sale

Penalty

Misdemeanor

Incarceration

1 year

Max. Fine

$ 2,500

Paraphernalia

Offense

Sale to a minor or within 1,000 ft of a school

Penalty

Felony

Incarceration

5 months probation – 17 months

Max. Fine

$ 100,000

Miscellaneous

Kansas has a marijuana tax stamp law enacted.

Offense

Penalty

Incarceration

Max. Fine

Possession

Any amount

Misdemeanor

6 months

$ 1,000

With Intent to Distribute

450 g or more

Felony

10 months probation – 42 months*

$ 100,000

* Sentence determined by category and severity drug severity level

Sale or Distribution

Less than 25 g

Felony

14 months probation – 51 years*

$ 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

* 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.

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.

Sale or Distribution

Sale of less than 25 grams is a drug severity level 4 felony punishable by 14 months probation - 51 years 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.

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

Drug Tax Stamp

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.

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

This state has a per se drugged driving law enacted. 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. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

Tax Stamp

Kansas 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.

Member of the following Organizations:

NORML – National Organization of the Reform of Marijuana Laws – Life Member
NACDL – National Association of Criminal Defense Lawyers
KACDL – Kansas Association of Criminal Defense Lawyers – Board of Governors
ABA – American Bar Association
KBA – Kansas Bar Association

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