Key Takeaways
- Marijuana is listed as a Schedule I controlled substance in Kansas and is completely illegal for recreational use, with a punishment of up to 6 months in jail and $1,000 in fines for a first offense.
- Medical CBD oil is available, and with a doctor’s recommendation, you can possess oils with up to 5% THC.
- Wichita and Lawrence have decriminalized or drastically reduced penalties for small amounts of marijuana.
Weed is not legal in Kansas, whether for medicinal or recreational use. The state technically has a limited medical program, with 0% THC, CBD oils being permitted and there being an “affirmative defense” for people with some conditions using oil with up to 5% THC.
However, in practice, this leaves a lot to be desired and doesn’t meet the medical needs of many Kansas citizens. And if you’re a recreational user, it’s a good idea to get a sense of the laws and how they may affect you before you light up.
Kansas Cannabis Laws
Weed is not legal in Kansas, with no legal way to use weed recreationally and only a very limited, essentially CBD-only medical program in the state.
Is Recreational Weed Legal in Kansas?
Recreational weed use is not legal in Kansas.
Marijuana is listed as a Schedule I controlled substance in the state’s statutes, and so it is not legal to use for recreational purposes or to possess for any purpose.
Penalties for Possession
The penalties for possession of marijuana in Kansas were amended by HB 2462 (page 1, section 1(c) (3)), which essentially reduced the severity of each penalty somewhat.
However, Kansas weed laws are still much stricter than many states in the country, and they don’t vary by the amount you have either.
The punishments are:
- For a first offense, you can receive up to 6 months in jail and a fine of up to $1,000. This is considered a class B nonperson misdemeanor.
- For a second offense, it’s a class A nonperson misdemeanor, punishable by up to a year in jail and a $2,500 maximum fine.
- For a third or subsequent offense, it’s considered a drug severity level 5 felony, punishable by between 10 and 42 months in prison and a fine of up to $100,000.
Is Medical Marijuana Legal in Kansas?
The Kansas medical marijuana laws don’t really allow “marijuana,” so it should really be considered a CBD oil program.
This all really started with SB 282 redefining marijuana to exempt CBD, meaning that it became legal to possess CBD provided there was no THC in the preparation.
In 2019, Claire and Lola’s Law (SB 28) was passed, which didn’t actually say it was legal to use CBD oil with THC in it, but provided an “affirmative defense” for anybody with CBD oil containing up to 5% THC.
As with most medical programs, it depends on the individual having a qualifying condition and a recommendation from a state-licensed physician. This is basically the same as other medical marijuana programs, but rather than making it legal to do so under these conditions, it just allows you to “defend” against the charge.
You may still be arrested, charged, and held while you await trial (especially if you don’t have the recommendation with you), which is generally where you present the defense. So in practice, this is a limited medical marijuana law with only the bare minimum protection for patients.
Patient Possession Limits
Since Claire and Lola’s Law doesn’t really legalize THC-containing oil, rather just says that you can avoid getting in trouble for it if you have a doctor’s certification, there is no possession limit as such. There is also no possession limit for CBD-only oils.
How to Get a Medical Marijuana Card in Kansas?
With no official medical marijuana program, there is no “medical marijuana card” in Kansas in the same way as in other states.
However, the first stage of the process is basically the same as it is in states with a medical program. You need to go to your doctor and be diagnosed with a “debilitating medical condition,” defined as “a medically diagnosed chronic disease or medical condition causing a serious impairment of strength or ability to function,” with seizure conditions as an example.
Your doctor can issue you a signed letter, on their letterhead, identifying you and your debilitating condition. This is valid for 15 months from the date, and you must have it with you to present to a police officer if requested.
Can You Consume in Public in Kansas?
Public consumption of marijuana is illegal in Kansas. There are no specific laws addressing this, so you will be punished for possession and possibly under clean air laws, depending on where and if you smoke.
Can You Drive Under the Influence of Marijuana in Kansas?
As in every state, it’s illegal to drive under the influence of marijuana in Kansas. The state also has an implied consent law, which basically means that by driving on the roads you’ve already consented to tests for alcohol and drugs in your blood. If you refuse the test, your license will be suspended for a year in the first instance.
The actual DUI has its own punishments, depending on the number of prior offenses:
- For a first offense, it’s considered a class B nonperson misdemeanor. This is punishable by at least 48 hours and at most 6 months’ imprisonment, or possibly 100 hours of public service (based on the court’s judgment). There is also a fine of between $750 and $1,000. After the first 48 hours, you may be placed on house arrest for the remainder of the sentence.
- For a second offense, it’s a class A nonperson misdemeanor, punishable by between 90 days and 1 year imprisonment. If they are given probation, the individual will be sentenced to at least five consecutive days’ imprisonment, some of which may be replaced with a work release program after the first 48 hours, but then you’ll be confined during your non-work hours for a minimum of 120 hours. You may also receive house arrest with the same restrictions. Fines range from $1,250 to $1,750.
- For a third offense, if the person had a previous offense within the last 10 years, not counting jail time, it’s a nonperson felony. Otherwise, it’s a nonperson felony. In either case, though, you’ll be imprisoned for at least 90 days up to a year, and you’ll be fined between $1,750 and $2,500. Some of the 90 days’ minimum can be served as part of a work release program, at the court’s discretion, with a bare minimum of 48 hours served in jail and then 2,160 hours of confinement outside of working hours.
- On a fourth or subsequent offense, the jail term remains the same but the fine is always $2,500. You can only serve the remainder of the minimum sentence in a work release program if you’ve served 72 consecutive hours in jail. In all cases, you may also be required to attend drug or alcohol rehab.
Is Delta-8 THC Legal in Kansas?
Delta-8 THC is technically legal in Kansas, but is heavily restricted and most commercial products are illegal.
The original hemp law SB 263 (section (b)(5)) defines “Industrial hemp” in the same way as the federal Farm Bill, as essentially Cannabis sativa L. containing less than 0.3% delta-9 THC.
However, HB 2167 made an important change (section 7(b)(2)/page 6) by including optical isomers of delta-9 THC (including delta-8) in the overall THC limit.
This means that most commercial delta-8 products are illegal because the delta-8 plus delta-9 THC quantity is almost always above 0.3% by dry weight.
Additionally, HB 2167 also prohibited many product types (section 5(a)(1)/page 4), including smokeable products and vapes. While edible products should technically be banned, they appear to be tolerated and are sold by stores in the state.
Is Weed Decriminalized in Kansas?
Weed isn’t decriminalized in Kansas, but it is one specific place and the punishment in another has been reduced almost to the point of irrelevance.
In September 2022, the Wichita City Council repealed the city’s marijuana laws, essentially decriminalizing weed in the city. This is very recent (at the time of writing), so it’s unclear exactly how the situation will progress, and it is possible for lawmakers to step in and stop the decriminalization. However, this doesn’t appear likely.
Additionally, Lawrence reduced the fine for possessing small amounts of marijuana to $1 in 2019, provided you’re aged over 18 and have less than 32 g. City Commissioner Matthew Herbert said, “this is our City Commission sending a message to the state that on our local level, we perceive this as taking as little action as we possibly can.”
However, while the first and second fines are this small, the third offense would still be a felony with the harsh punishments listed above, and all of it is still technically criminalized. Additionally, they didn’t extend this leniency to paraphernalia.
Is Growing Weed Legal in Kansas?
Growing weed is not legal in Kansas.
The legal definition of “cultivation” in the state specifies that it has to be five or more plants, but with that in mind, the punishments are:
- For between 5 and 50 plants, it’s considered a drug severity level 3 felony, punishable by between 46 and 83 months in prison and a fine of up to $300,000.
- For more than this but up to 100 plants, it’s a drug severity level 2 felony, punishable by between 92 and 144 months in prison and a fine of up to $500,000.
- For more than 100 plants, it’s a drug severity level 1 felony, punishable by 138 to 204 months in prison and up to $500,000 in fines.
When Will Weed Be Legal in Kansas? The Future Outlook
Despite 67% of Kansas residents supporting the legalization of cannabis, it is still illegal in the state and there’s a lot of work to do in liberalizing Kansas’ weed laws.
One of the major hurdles for legalization efforts – whether medical or recreational – is the lack of a citizen-led ballot initiative process in the state. This basically means that state residents have to depend on lawmakers to make a change themselves.
The best example of the challenges cannabis advocates face in Kansas is the failure to pass a comprehensive medical marijuana bill.
SB 135 was introduced in 2023, after a similar bill failed to pass in 2023, and this finally died in committee in April 2024. Governor Laura Kelly is supportive of marijuana reform and urged citizens to contact their representatives to voice their support for the bill, but this was ineffective.
A bipartisan coalition is working towards ending the state’s prohibition on cannabis and attempting to expunge criminal records relating to marijuana. Their goal is to educate the public and their elected representatives on the issues and work towards reform, and aim to get recreational legalization “up front and central” in this election cycle.
However, given the challenge it’s been to get medical cannabis so far, it seems like it would be 2026 before legalization could ever stand a chance. By then, the federal government may have already ended the war on weed nationwide.
Conclusion
Aside from a couple of local-level decriminalization initiatives, there isn’t much to celebrate about Kansas’ weed laws. As one of the minority of states that still punish simple possession with jail time, and one of the most indirect medical marijuana “programs” in the country – not legalizing it, just offering a defense – things are still not great for stoners in Kansas.
However, the good news is that there is an appetite to change this both from citizens and some in the state legislature.