Is Weed Legal in Kansas?
No. Marijuana is illegal in Kansas for any use, and possessing any amount is a crime. A first conviction is a class B misdemeanor, a second is a class A misdemeanor, and a third is a felony (K.S.A. 21-5706).
Key facts
- A first conviction can bring up to 6 months in county jail and a $1,000 fine.
- The same penalties apply to THC itself, not only to the plant.
- Kansas has no medical marijuana program, only a narrow legal defense for a CBD oil.
- Kansas voters cannot legalize it at the ballot box, because the state has no citizen initiative.
Kansas Marijuana Possession Penalties
The penalty climbs with each conviction, and the third one is a felony. Earlier convictions count whether they came under Kansas law, a city ordinance or another state’s law (K.S.A. 21-5706(c)(3)).
Kansas marijuana possession penalties by conviction
Source: K.S.A. 21-5706, 21-6602 and 21-6611
The jail and fine limits come from the state’s misdemeanor sentencing laws (K.S.A. 21-6602; 21-6611). A judge sets the actual sentence within them.
THC Products in Kansas
Kansas law treats tetrahydrocannabinols, the THC in marijuana, the same as the plant. Possessing THC carries the same three-step penalties, so a THC vape or edible bought legally in Missouri or Colorado is still a crime to bring home (K.S.A. 21-5706(c)(3)).
The Kansas CBD Oil Exception
Kansas allows one narrow defense: a CBD oil with a little THC, used for a serious medical condition. The law, known as Claire and Lola’s law, covers an oil whose THC is no more than 5% of its CBD, verified by an independent lab (K.S.A. 65-6235).
It is a defense in court, not a medical program. The patient, or a parent of a sick child, must carry a letter from a Kansas physician dated within the past 15 months and show it to police on request (K.S.A. 21-5706(d)).
Marijuana Laws Near Kansas
Two of Kansas’s four neighbors allow adults to buy marijuana legally. Colorado and Missouri have open stores, while Oklahoma and Nebraska have medical marijuana laws.
Marijuana laws in Kansas and neighboring states
Source: NORML and NCSL, through our 50-state marijuana data
Our marijuana laws by state page covers every state.
Kansas Marijuana Questions
Is weed legal in Kansas?
No. Marijuana is illegal in Kansas for any use, and possessing any amount is a crime. Kansas has no medical marijuana program.
What is the penalty for marijuana possession in Kansas?
A first conviction is a class B misdemeanor, with up to six months in jail and a $1,000 fine. A second is a class A misdemeanor, and a third is a felony.
Is THC legal in Kansas?
No. Kansas law gives possession of THC the same penalties as possession of marijuana, including THC products bought legally in another state.
Is CBD oil legal in Kansas?
Kansas law gives a defense in court for a CBD oil whose THC is no more than 5% of its CBD, used for a serious medical condition with a Kansas physician’s letter.
What You Can Do
- Know the law before you cross the state line. Marijuana and THC bought legally in Colorado or Missouri are illegal in Kansas.
- Get a lawyer if you are charged. A second or third conviction carries much heavier penalties.
- Ask your state legislators where they stand on medical marijuana. Find them with the Legislature’s Find My Legislators tool.
- Read the statute yourself on the Kansas Legislature’s site.