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Kansas  Marijuana Laws

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.

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.

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.

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

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.

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

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.