Kansas Medical Marijuana Laws

Kansas Marijuana Law

Distribution or cultivation includes possession with intent to distribute or cultivate marijuana in the state of Kansas. Those who are arrested in result of distribution or cultivation will be punished to the fullest extent of the law based on the marijuana penalties and guidelines in Illinois as outlined below.

A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau, for the medical use of cannabis in accordance with this act, provided that the qualifying patient possesses an amount of cannabis that does not exceed 12 cannabis plants and six ounces of usable cannabis. The plants shall be kept in an enclosed, locked facility, unless they are being transported because the qualifying patient is moving or if they are being transported to the qualifying patient’s or designated caregiver’s property.


Kansas Caregiver Marijuana Law

A designated caregiver who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau, for assisting a qualifying patient to whom such designated caregiver is connected through the department’s registration process with the medical use of cannabis in accordance with this act, provided that the designated caregiver possesses an amount of cannabis that does not exceed 12 cannabis plants and six ounces of usable cannabis for each qualifying patient to whom such designated caregiver is connected through the department’s registration process. The plants shall be kept in an enclosed, locked facility, unless they are being transported because the designated caregiver is moving or if they are being transported to a designated caregiver’s or a qualifying patient’s property

Offense

Penalty

Incarceration

  Max. Fine  

Possession

Any Amount (First offense)

Misdemeanor

6 months

$2,500

Any Amount (Second offense)

Felony

*10 month – 3.5 years

$100,000

* Mandatory minimum sentence.

Sale or Distribution

Any Amount

Felony

*1-5 years

$300,000

Within 1,000 feet of a school zone.

Felony

*4-7 years

$300,000

* Mandatory minimum sentence

Cultivation

5 plants of more.

Felony

12-17 years

N/A

Paraphernalia

Possession of paraphernalia.

Misdemeanor

1 year

$2,500

Miscellaneous

Kansas has a marijuana tax stamp law enacted.

 

Kansas Marijuana Possession Penalties

  1. Possession of any amount is a Class A misdemeanor punishable by a maximum of 1 year imprisonment and a maximum fine of $2,500.
  2. Subsequent convictions are felonies that are punishable by imprisonment for 10-42 months and a maximum fine of $100,000.

Kansas Marijuana Paraphernalia Penalties

  1. Possession of paraphernalia is a misdemeanor punishable by a maximum of 1 year imprisonment and a $2,500 fine.

Kansas Marijuana Sales Penalties

  1. Sale of any amount is a felony punishable by 14-51 months imprisonment and a maximum fine of $300,000.
  2. Sale within 1,000 feet of a school zone is a felony punishable by 46-83 months imprisonment and a maximum fine of $300,000.

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.