Kansas’ Marijuana Laws

Kansas may be the Sunflower State, but when it comes to marijuana laws, it would be better referred to as the Zero Tolerance State.  Any amount of marijuana can land Kansas residents in jail! It is best to be educated and informed on local paraphernalia laws in order to keep yourself out from behind bars.

Kansas Marijuana Attorneys

The following Kansas lawyers are actively involved in the practice of cannabis law:



Anti-marijuana laws are particularly harsh in Kansas, where the drug is banned for any use, including medical. There are often mandatory minimum sentences, and maximum penalties are highly punitive, including potentially massive fines.


Possession of any amount of cannabis is a misdemeanor on a first offense, punishable by up to one year in jail and $2,500 in fines. On a second or subsequent offense, possession for personal use becomes a felony and carries a minimum penalty of 10 months in jail and a maximum of 3.5 years, plus a whopping fine of up to $300,000.

Sale or Distribution

Sale, delivery, or trafficking of any amount of marijuana is a felony in Kansas, punishable by at least one year in jail and as many as five years in prison, along with a possible fine of $300,000. Sale or distribution within 1,000 feet of a school zone carries a penalty of between four and seven years in prison, plus $300,000 in fines.


Cultivation of fewer than five marijuana plants is treated as misdemeanor possession. Cultivation of five or more plants is a felony with a mandatory minimum sentence of 12 years in prison and a maximum of 17.

Hash and Concentrates

Cannabis concentrates, including hashish and hash oil, are treated the same as regular cannabis under Kansas law. That means the weight limits are the same and there are no increased penalties for possession, sale, distribution, or cultivation of concentrates.


Possession of any drug paraphernalia is a misdemeanor in Kansas. The maximum penalty is one year in jail and $2,500 in fines.

Paraphernalia in the state includes any device used for the manufacture, cultivation, testing, analysis, storage, concealing, or introducing of cannabis to the body.


Kansas Marijuana Laws
Offense Penalty Incarceration   Max. Fine  
Any amount (first offense) misdemeanor 1 year $2,500
Any amount (subsequent offense) felony 10 mos* - 3.5 years $100,000
* Mandatory minimum sentence
Sale or Distribution
Any amount felony 1* - 5 years $300,000
Within 1000 feet of a school zone felony 4* - 7 years $300,000
* Mandatory minimum sentence
5 plants or more felony 12 - 17 years $0
Hash & Concentrates
Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.
Possession of paraphernalia misdemeanor 1 year $2,500
Miscellaneous (license suspensions, civil damages, etc...)
Kansas has a marijuana tax stamp law enacted.