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Jenny Bloom

October 7, 2019

There are only three states in the country whose laws do not acknowledge the benefits of medical marijuana whatsoever. Kansas is one of those states. There have been several bills introduced in 2017 which would have created comprehensive state programs related to medical cannabis. However, these bills are off the table for the year, as they weren’t voted out of committee in time to meet the legislative deadline.

Several other bills were also introduced this year that would have given patients using low-THC marijuana products more limited protections. House Bill 2152 (HB 2152) is one of those bills. It would have given qualifying patients access to medical cannabis and/or derivatives in Kansas. It is still on the table for 2017.

Possessing Marijuana in Kansas

It is illegal to possess any amount of cannabis in the State of Kansas. Such crimes are punishable as follows:

  • Possession = Misdemeanor: Fine up to $1,000 and up to 6 months in jail
  • More than 450 grams (considered intent to distribute) = Felony: Fine up to $100,000 and prison term ranging from 10 months on probation to 42 months in jail
  • Subsequent conviction (any amount) = Felony: Fine up to $100,000 and prison term ranging from 10 months on probation to 42 months in jail

Concentrates & Hashish

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Possessing Marijuana – Image powered by Kcur.org

Both cannabis concentrates, and hash are considered to be cannabinoids in the State of Kansas. They are Schedule I controlled substances which carry the same penalties as those for the cannabis plant.

Paraphernalia

The following are punishments for various crimes related to the use and/or possession of drug paraphernalia in Kansas:

  • With intent to use to cultivate cannabis = Felony: Fine up to $100,000 and prison term ranging from 10 months on probation to 42 months in jail
  • With intent to use to store or use marijuana = Nonperson misdemeanor: Fine up to $2,500 and up to 1 year in jail

Selling Marijuana in Kansas

In Kansas, it is 100% illegal to use, possess or sell cannabis. All marijuana drug sales in this state are punishable by law as follows:

  • Under 25 grams = Felony: Fine up to $300,000 and prison term ranging from 14 months on probation to 51 months in jail
  • Between 25 to 450 grams = Felony: Fine up to $300,000 and prison term of 46 to 83 months
  • Between 450 grams to 30 kilograms = Felony: Fine up to $500,000 and prison term of 92 to 144 months
  • Over 30 kilograms = Felony: Fine up to $500,000 and prison term of 138 to 204 months
  • Within 1,00 feet of a school zone (any amount) = Fine up to $300,000 and mandatory minimum sentence of 4 years, to up to 7 years in prison

Paraphernalia

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Selling Marijuana – Image powered by Watchdog.org

It is a nonperson misdemeanor to sell drug paraphernalia. This crime is punishable by a fine up to $2,500 and up to 1 year in jail.

Selling drug paraphernalia within 1,000 feet of school grounds or selling paraphernalia to a minor is a nonperson felony. Such crimes are punishable by a fine up to $500,000 and a prisoner term between 5 months on probation to 17 months in jail.

Growing and Manufacturing Marijuana in Kansas

Home cultivation of cannabis is illegal in the State of Kansas. Manufacturing and growing marijuana are felony crimes punishable as follows:

  • Between 4 to 50 plants = Fine up to $300,000 and 46 to 83 months in jail
  • Between 50 to 100 plants = Fine up to $500,000 and 92 to 144 months in jail
  • More than 100 plants = Fine up to $500,000 and 138 to 204 months in jail
Growing_and_Manufacturing_Marijuana
Growing and Manufacturing Marijuana – Image powered by Thecannabist.co

Possessing paraphernalia used to manufacture or grow fewer than 5 cannabis plants is a nonperson misdemeanor. It is punishable by a fine up to $2,500 and up to 1 year in jail.

Using Marijuana in Kansas

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The State of Kansas does not recognize cannabis as medically relevant. Here, no one can legally use cannabis, hash, hash oil, concentrates or other marijuana derivatives for recreational or medical purposes.

Breaking the Marijuana Laws in Kansas

For first-time cannabis offenders, Kansas allows alternative, diversion, and conditional release sentencing. Under a conditional release, the convict is released on probation, as opposed to taking the case to trial. Once the probation is complete, the offender’s criminal record will still reflect a conviction.

Kansas has established a very strict per se drugged driving law. This makes it illegal for anyone to operate a motor vehicle while under a detectable amount of an illicit drug, drug metabolite or marijuana. The state has set a threshold of just how much is considered a detectable level in bodily fluids.

Breaking_Marijuana_Law
Breaking Marijuana Law – Image powered by Kansasinterstatedruglawyer.com

Mandatory minimum sentencing means the judge in charge of the case cannot sentence an offender to less than the minimum mandatory allowed by law. The judge does, however, have the power to sentence the offender to the maximum time allowed. A prisoner will not be eligible for parole until the minimum mandatory has been completely served.

This state has enacted a marijuana tax stamp law. Anyone who possesses cannabis in Kansas is required by law to buy and affix a state-issued tax stamp on the contraband. Criminal sanctions and fines may result for disobeying this rule. The state’s nonpayment penalty in 100% of the tax rate plus interest. Kansas currently charges the following tax stamp rates:

  • $.40 per gram for wet plants
  • $.90 per gram for dry plants
  • $3.50 per gram for possession of over 28 grams of cannabis

Marijuana legislation can be complicated, but Jenny Bloom is always up for the task. Although not a lawyer, her experience as a reporter and PR specialist helps her understand legalese – especially when it relates to growing marijuana. A passionate supporter of legalization and home... [read more]

5 Comments

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  1. By jj

    ,21 Sep 2017
    if it is illegal why do you have to get a stamp?
    1. By latewood_ILGM

      ,27 Sep 2017
      Stamps were created as a punishment for having Cannabis. If you get busted, then you will have to buy the commensurate amount of stamps as part of your fine.
  2. By Christine B.

    ,12 Mar 2018
    What does it take to abolish these ridiculous antiquated marijuana laws in Kansas? Where does one begin? Seems to me there's a "good 'ole boy" establishment in political circles keeping this prohibition going. Surely if legalization was to be decided […]Read More
  3. By Frank B

    ,26 Mar 2018
    Amen Christine as a former infantryman in Viet Nam, pot helped erase some of the horrors of war. I believe many veterans today would benefit from its use. It would work better with less side effects than the prescription drugs […]Read More
  4. By George Marcus

    ,26 Jul 2018
    I fail to see the mind set regarding marijuana use, especially for medical purposes in Kansas given its wide recognition as helpful solutions. Furthermore I would rather be in a setting of people smoking marijuana than next to a group […]Read More

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