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Kansas Marijuana Laws

Kansas Marijuana Law

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 

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 
  • 65-4105 of the Kansas Code 
  • 21-5705 of the Kansas Code 
  • 21-5706 of the Kansas Code
  • 21-6602 of the Kansas Code 
  • 21-6611 of the Kansas Code 
  • 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 
  • 65-4105 of the Kansas Code 
  • 21-5705 of the Kansas Code 
  • 21-6611 of the Kansas Code 

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 
  • 21-6611 of the Kansas Code
  • 65-4101 of the Kansas Code

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 
  • 21-6602 of the Kansas Code 
  • 21-6611 of the Kansas Code 
  • 65-4105 of the Kansas Code 

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 
  • 21-5709 of the Kansas Code 
  • 21-5710 of the Kansas Code 
  • 21-6602 of the Kansas Code
  • 21-6611 of the Kansas Code 

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
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.

DRUGGED DRIVING

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. 

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. 

Kansas Drugged Driving

In Kansas, a person is guilty of DUI if he or she operates any vehicle (1) while under the influence of any drug or combination of drugs to a degree that renders the person incapable of safely driving a vehicle, (2) while under the influence of a combination of alcohol and any drug or drugs to a degree that renders the person incapable of safely driving a vehicle, OR (3) while a person is a habitual user of any narcotic. Kan. Stat. Ann. §§ 8-1567(4),(5)(b) (West 2009).

Affirmative Defense

If a person is charged with a violation of this section involving drugs, the fact that the person is or has been entitled to use the drug under the laws of this state shall not constitute a defense against the charge. Id. § 8-1567(c).

Implied Consent

  • Any person who operates or attempts to operate a vehicle within this state is deemed to have given consent to submit to one or more tests of the person’s blood, breath, urine or other bodily substance to determine the presence of alcohol or drugs. Id. § 8-1001(a).
  • If the person refuses to submit to and complete any test of breath, blood or urine none shall be given, but the person’s driving privileges will be suspended for one year for the first occurrence, two years for the second occurrence, three years for the third occurrence, 10 years for the fourth occurrence and permanently revoked for a fifth or subsequent occurrence. Id. § 8-1001(k)(4).

Penalties

  • First offense – not less than 48 consecutive hours nor more than six months’ imprisonment, or 100 hours of community service; fine of not less than $500 nor more than $1,000; at least 48 consecutive hours of imprisonment or 100 hours of public service will be required as a condition probation or suspension of sentence. Id. § 8-1567(d).
  • Second offense – not less than 90 days nor more than one year’s imprisonment (at least 5 day mandatory minimum); fine of not less than $1,000 nor more than $1,500. Id. § 8-1567(e).
  • Third offense nonperson felony – mandatory minimum of 90 days, but not more than one year’s imprisonment; fine of 2,500; the person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days imprisonment. Id. § 8-1567(f).
  • Forth and subsequent offense felony – not less than 90 days nor more than one year’s imprisonment; fine of $2,500; offender shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days imprisonment; 72 consecutive hours imprisonment is required before offender can be released into the work release program. Id. § 8-1567(g).

Other Penalties & Penalty Enhancers

  • Having one or more children under the age of 14 years shall add one month of imprisonment to sentence. Id. § 8-1567(h).

Sobriety Checkpoints

In Kansas, law enforcement officials are entitled to carry out sobriety checkpoints under both state law and the federal Constitution.

  • Law enforcement is well within the limits of the constitution if officers have specific instructions from supervisory personnel as to how to conduct roadblock, roadblocks are established in well-light areas, wait for motorists is negligible, and vehicles are stopped indiscriminately. State v. Deskins, 673 P. 2d 1174 (1983).
  • Kansas Tax Stamps

    Stamp
    State Code K.S.A. 79-5201
    Tax Rate $3.50/gram if owner possesses 28 grams or more
    $.40/g wet plant
    $.90/g dry plant
    Penalty for Nonpayment (Civil and Criminal ) 100% and interest
    Additional Information
    Withstood constitutional challenge on the grounds of double jeopardy in Kansas v. Gulledge, 257 Kan. 915

    For detailed information about the tax, visit: http://www.ksrevenue.org/faqs-abcdrugtax.html

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