Offense Penalty Incarceration Max. Fine Possession CBD products with 0% THC None None $ 0 Any amount Misdemeanor 6 months $ 1,000 With Intent to Distribute 450 g or more Felony 10 months probation – 42 months* $ 100,000 CBD products containing zero percent THC are exempt from the criminal code. See Penalty Details. * Sentence determined by category and severity drug severity level Sale or Distribution CBD products with 0% THC None None $ 0 Less than 25 g Felony 14 months probation – 51 months* $ 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 CBD products containing zero percent THC are exempt from the criminal code. See Penalty Details. * 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.

Penalty Details

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.

HB 2462 Read Summary

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.

NOTE: Kansas law explicitly exempts CBD (cannabidiol) products containing zero percent THC from the state’s criminal definition of marijuana, making them legal to possess and sell in accordance with applicable licensing laws. No possession limits are specified in the law.

SB 282 Read summary

Sale or Distribution

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

65-4101 of the Kansas Code Web Search

65-4105 of the Kansas Code Web Search

21-5705 of the Kansas Code Web Search

21-6611 of the Kansas Code Web Search

NOTE: Kansas law explicitly exempts CBD (cannabidiol) products containing zero percent THC from the state’s criminal definition of marijuana, making them legal to possess and sell in accordance with applicable licensing laws. No possession limits are specified in the law.

SB 282 Read more

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

21-5705 of the Kansas Code Web Search

21-6611 of the Kansas Code Web Search

65-4101 of the Kansas Code Web Search

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.

21-5701(j) of the Kansas Code Web Search

21-6602 of the Kansas Code Web Search

21-6611 of the Kansas Code Web Search

65-4105 of the Kansas Code Web Search

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

Section 9.50.040 of the Kansas Code Web Search

21-5709 of the Kansas Code Web Search

21-5710 of the Kansas Code Web Search

21-6602 of the Kansas Code Web Search

21-6611 of the Kansas Code Web Search

Miscellaneous

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.

79-5204 of the Kansas Code Web Search

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