Kansas

Mandatory Minimum Sentence
Tax Stamps
Drugged Driving

Laws, Limits and Penalties

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.

Details

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.

Mandatory Minimum Sentence

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.

Tax Stamps

This state 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.