| Offense | Penalty | Incarceration | Max. Fine |
Possession |
|||
| Any amount | Misdemeanor | 6 months | $ 1,000 |
With Intent to Distribute |
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| 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. | |||
Penalty Details
Possession
Possession 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.
See
- 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.
See
- 65-4101 of the Kansas Code Web Search
- 65-4105 of the Kansas Code Web Search
- 21-5705 of the Kansas Code Web Search
- 21-5706 of the Kansas Code Web Search
- 21-6602 of the Kansas Code Web Search
- 21-6611 of the Kansas Code Web Search
- Sentencing Grid
Sale or Distribution
Sale of less than 25 grams is a drug severity level 4 felony punishable by 14 months probation - 51 years 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.
See
- 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
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
See
- 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.
See
- 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
See
- 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.
See
- 79-5204 of the Kansas Code Web Search
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.
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. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties.
Kansas Marijuana Arrests
| Kansas | 2008 | 2009 | 2010 | 2011 | 2012 | ARC |
|---|---|---|---|---|---|---|
| Possession | 5,094 | 4,688 | 5,196 | 4,526 | 4,292 | -4.2% |
| Sales | 964 | 1,588 | 2,140 | 2,130 | 1,803 | 16.9% |
| Total | 6,058 | 6,276 | 7,336 | 6,656 | 6,095 | 0.2% |
ARC: Annual Rate of Change
Source: Federal Bureau of Investigation, Uniform Crime Reporting Program
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