Is Marijuana Legal in Kansas?

Despite its many run-ins with lawmakers and other advocates seeking legalization. Marijuana remains illegal across Kansas. It’s however surprising that even with next-door states like Colorado (fully legal) and Oklahoma and Missouri (both medicinal), Kansas continues to fight any attempt to legalize cannabis statewide. The state’s resistance towards cannabis legalization has led many to consider it a “no tolerance state”, especially because of its strict fines and penalties for small possession.

This page answers all the key questions surrounding whether marijuana is legal in Kansas, or not.

Is Weed Legal in Kansas?

No. Both recreational and medical use of cannabis is completely illegal in Kansas.

When will Weed be Legal in Kansas?

There’s no timeline on when recreational use of cannabis will be legalized in Kansas. However, like many other states, Kansas may choose to test the waters with a regulated medical cannabis market. Also, it’s been established that only the state legislature can help legalize cannabis in the state. This means that voters cannot get it on the ballot.

Are Edibles Legal in Kansas?

No, edibles fall under the recreational-use category and are consequently illegal.

Is Medical Marijuana Legal in Kansas?

Unfortunately, despite the many attempts by lawmakers in the past, medical marijuana is still illegal in Kansas. The slight exception here is that Kansas permits the use of hemp-derived CBD that contains zero THC.

How to get Medical Marijuana in Kansas

Medical cannabis cannot be purchased legally in Kansas at the moment. The state does not also have a program for dispensing CBD which can be purchased from regular pharmacies, specialty stores, and other retail outlets.

Can I go to a Dispensary without a Card in Kansas?

Kansas does not currently run a medical marijuana program and consequently has no dispensaries or MMJ cards.

How Long Does it take to get your Medical Card in Kansas?

This does not apply to Kansas.

Does Kansas accept out-of-state MMJ cards?

No, Kansas does not accept out-of-state marijuana cards since it’s still illegal in the state.

Marijuana bills/laws in Kansas & key questions

Since Kansas residents have no option of a ballot initiative for legalizing weed, the decision rests squarely on the state’s legislature. The state initially banned marijuana in 1927 like many other neighboring states. However, not much changed until 2018 when Governor Jeff Colyer signed SB 263 into law. Also known as the Alternative Crop Research Act, SB 263 essentially directed the state’s Department of Agriculture to collaborate with public universities in the state to investigate the viability of industrial hemp (CBD with 0.3% THC or less). 

By May 2018, the governor signed SB 282 to redefine the laws surrounding cannabis to exempt CBD with zero THC. This generally made it easier to access CBD statewide, provided it contained zero THC.

By 2019 Governor Laura Kelly also signed SB 28 to help patients and parents or guardians of patients who possess CBD with less than 5% THC to avoid a criminal conviction. The downside is that they would still be arrested and taken to court before SB 28 can kick in. To benefit from this law, the patient, their caregiver, or guardian as at the time of arrest must have in their possession a letter from their physician specifying their critical medical condition. 

Although the SB 28 legislation did not provide a list of conditions, it states that it must be a medically diagnosed disease or condition that impairs strength or function, including seizures.

How much Marijuana can I have in Kansas? (in oz)

None. Marijuana possession in Kansas is still illegal.

Is Marijuana Decriminalized in Kansas?

Unfortunately, marijuana possession has not been decriminalized in Kansas. Interestingly, Patients or parents of minor patients with critical health conditions who possess CBD with less than 5% THC can be prosecuted but can avoid a criminal conviction if they have a letter from their physician.

Is there a Fine or Penalty for Marijuana Possession in Kansas?

Yes, even for small amounts. For instance, possessing small amounts of marijuana is a Class B misdemeanor. It is however punishable by a $1,000 fine and up to six months in jail.

How many Cannabis Plants per Household in Kansas?

This is not currently applicable in Kansas. Growing cannabis plants is illegal across the state.

Kansas Dispensaries Regulations

There are no dispensaries in Kansas.

Kansas Growers Regulations

The growing of cannabis is currently illegal for both personal and commercial purposes.

Closing Thoughts

As restricted as things might seem in Kansas, its marijuana legislation history shows that it might be willing to at least investigate the benefits of medical marijuana. The legal states around Kansas will also provide case studies that can help push lawmakers in the state towards legalizing cannabis at least for medical purposes.