Kansas

Mandatory Minimum Sentence
Tax Stamps
Drugged Driving
Hemp

Laws, Limits and Penalties

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 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
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.

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.

Hemp

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. .

Legalized CBD

State law exempts CBD (cannabidiol) products from the state’s criminal definition of marijuana, making them legal to possess and sell in accordance with applicable licensing laws.

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.