Kansas is known as the Sunflower State and is home to vast fields of sunflowers, as well as wheat and corn. The state has a rich history, including its role as a major gateway to the west during the era of westward expansion. Notable landmarks include the Flint Hills, a region of rolling hills and tallgrass prairies, and the city of Wichita, a major aviation hub.
In terms of politics, Kansas has generally been considered a conservative state and has some of the strictest laws when it comes to cannabis. Is weed legal in Kansas? Definitely not. Here’s what you need to know about weed laws in Kansas.
Is Weed Legal in Kansas? Straight to the point.
- Recreational THC: No
- Medical THC: No
- CBD: Yes
- Delta-8: Yes
Weed is Illegal in Kansas
In Kansas, both recreational and medical use of marijuana is illegal. The possession, sale, and cultivation of marijuana are all considered criminal offenses in the state, with severe penalties ranging from fines to imprisonment depending on the amount and circumstances of the offense. However, CBD products containing less than 0.3% THC, the psychoactive component of marijuana, are legal in Kansas. Despite the legality of CBD, it is essential to note that marijuana laws and regulations can vary widely between states, and it is always advisable to check local cannabis laws before using or possessing any cannabis-related products.
Cannabinoid Variants
Cannabis and its derivatives have become a hot topic in recent years, with the passage of the 2018 Farm Bill legalizing industrial hemp production in the United States. The legalization opened up a world of possibilities for CBD-rich hemp to enter the mainstream market, but the legality of other cannabinoids remains in question. This section aims to clarify the legality of various cannabinoids in Kansas, including Delta-8, Delta-10, THC-O, HHC, and HHC-O. It also covers the regulations and restrictions that apply to each of these cannabinoids, allowing readers to make informed decisions about their consumption and sale.
Is CBD legal in Kansas?
The 2018 Farm Bill legalized industrial hemp production in the United States. This legislation opened up vast possibilities for CBD-rich hemp to enter the mainstream market, allowing consumers to purchase CBD in retail establishments and online. CBD is often found in supplements, topicals, edibles, portable vape pens, home goods, and beauty and body care products.
The Farm Bill legally protects CBD production, but it is not without stipulation. All commercially available CBD products must be derived from hemp and contain less than 0.3% Delta-9 THC. However, some states have elected to regulate CBD independently and may have further restrictions on its use and distribution. So in layman’s terms, Yes, CBD is legal in the state of Kansas.
Is Delta-8 legal in Kansas?
Delta-8 THC is legal in Kansas so long as it contains less than 0.3% Delta-9 THC. The source of origin must also be hemp, and Delta-8 products are only available for purchase by adults.
Is Delta-10 legal in Kansas?
Delta-10 THC is made similarly to Delta-8 THC, and is favored for its mild psychoactive effects. So long as the Delta-10 products follow the same guidelines as outlined for Delta-8, then they are legal in Kansas.
Are THC-O and other THC variants legal in Kansas?
In recent years, alternative hemp-derived cannabinoids have dominated the market as a more accessible way to get high. However, they have existed in a legal gray area until February 2023.
The Drug Enforcement Administration (DEA) has declared Delta-8-THC-O and Delta-9-THC-O illegal controlled substances. These compounds are not naturally occurring in either hemp or marijuana and are considered synthetic cannabinoids.
The 2018 Farm Bill legalized industrial hemp and its byproducts so long as they contain no more than 0.3% Delta-9-THC by volume. The market for cannabinoids has grown in the states since then as several alternative cannabinoids emerged, including synthetic THC isomers.
For the time being, this latest update does not affect alternative cannabinoids like THC-JD, THC-P, THCP-O, THC-H, and THC-B because they do exist naturally in trace amounts. Advocates feel that only the end of the federal prohibition on marijuana will successfully regulate synthetic or naturally occurring cannabinoids.
Are HHC and HHC-O legal in Kansas?
HHC and HHC-O, relatively new and popular cannabinoids found in hemp, have been gaining attention in the cannabis industry. Similar to Delta-8 and Delta-10 THC, HHC and HHC-O are mildly psychoactive and offer energetic and uplifting effects. While the legality of HHC and HHC-O can be confusing due to varying state laws, on a federal level, HHC and HHC-O are legal in the US as long as it is hemp-derived and contains 0.3% THC content or less, which is also the case in Kansas.
Cultivation Laws
In Kansas, the cultivation of marijuana is illegal for both recreational and medical purposes. However, the state has implemented a program called the Alternative Crop Research Act which allows for the cultivation of industrial hemp for research purposes only. Industrial hemp is defined as the plant Cannabis sativa L. and any part of that plant with a Delta-9 tetrahydrocannabinol (THC) concentration of less than 0.3% on a dry weight basis.
To be eligible for the program, growers must apply for a research license from the Kansas Department of Agriculture (KDA) and be affiliated with a state university or college. The KDA is responsible for regulating the program and overseeing the cultivation, harvesting, processing, and transportation of industrial hemp.
It is important to note that the cultivation of any other type of cannabis, including marijuana, is illegal in Kansas and can result in severe legal consequences.
Where to Buy Weed in Kansas
As of March 2023, there are no legal avenues to buy marijuana in Kansas for recreational or medical use. Possession and distribution of marijuana are illegal, and violators may face legal penalties.
Black Market
Despite legalization efforts, the marijuana black market remains active. The illegal purchase of weed from a black market dealer comes with serious risks. Not only is it difficult to determine the potency and purity of the product, but the legal implications can be disastrous. In some cases, a mere slap on the wrist, but in others, buying weed illegally results in jail time or a prison sentence. For those that live in a state with a medical or recreational marijuana program, it’s best to obtain cannabis through legal channels.
Direct to Consumer
Hemp-derived cannabinoids like HHC, HHC-O, Delta-8 THC, Delta-10 THC, and CBD are legal in Kansas. While you may be able to find these products at certain smoke shops or specialty stores, the best and easiest place to buy them is online through direct-to-consumer websites that offer high-quality, rigorously lab-tested products.
Efforts to Legalize Weed in Kansas
Efforts to legalize marijuana in Kansas have been ongoing for several years, but progress has been slow.
In 2021, the Kansas House of Representatives formed a committee to study the potential legalization of medical marijuana. The committee held hearings and heard testimony from medical professionals, patients, and advocates for marijuana reform. However, the committee ultimately did not act to legalize medical marijuana.
In addition to the legislative efforts, there have also been citizen-led initiatives to legalize marijuana in Kansas. In 2020, a group called Kansas for Change Coalition attempted to get a medical marijuana initiative on the ballot. Still, they could not collect the required number of signatures due to the COVID-19 pandemic.
There have also been efforts to decriminalize marijuana in Kansas. In 2016, Wichita became the first city in the state to decriminalize marijuana possession. However, this action was later overturned by the Kansas Supreme Court.
Despite these setbacks, advocates for marijuana reform in Kansas remain hopeful that change is possible. As neighboring states like Colorado and Missouri have already legalized marijuana, there is growing pressure on Kansas to follow suit. It remains to be seen when or if marijuana will be legalized in Kansas, but the conversation around marijuana reform in the state is ongoing.
General FAQ
Where can you smoke weed in Kansas?
It is illegal to smoke or consume marijuana in any form in public places in Kansas. Additionally, smoking or consuming marijuana on any federal property or land, including national parks, is also illegal.
In private residences, the rules are a bit more complex. Although marijuana possession was decriminalized in Kansas and then overturned, it is still illegal to consume or smoke marijuana in any form in public or private places.
Therefore, you cannot smoke or consume marijuana in any form in public or in private residences. If you are caught consuming or smoking marijuana in a public place or in a private residence, you could face criminal charges.
Can you smoke weed in public in Kansas?
No, smoking weed in public is not allowed.
Punishment for Illegal Acts FAQ
What are the penalties for growing weed?
The penalties for growing weed in Kansas vary based on the number of plants being cultivated.
Cultivating more than four but less than 50 plants is considered a felony and punishable by 46-83 months imprisonment and a fine up to $300,000.
Growing 50 to less than 100 plants is also a felony and can result in 92-144 months of imprisonment and a fine up to $500,000.
Cultivating 100 or more plants is also considered a felony and punishable by 138-204 months imprisonment and a fine up to $500,000.
What are the penalties for selling, gifting, transporting, or importing weed?
In Kansas, possession of any amount of marijuana is considered a misdemeanor offense, punishable by up to six months imprisonment and a maximum fine of $1,000 for a first offense.
Possession of 450 grams or more creates a presumption of intent to distribute, which is a felony punishable by a maximum fine of $100,000 and imprisonment ranging from 10 months probation to 42 months.
The sale or distribution of marijuana is also a felony offense in Kansas. The sale of less than 25 grams is punishable by 14 months probation to 51 months imprisonment and a fine not to exceed $300,000.
Distribution of 25 to less than 450 grams is punishable by 46 to 83 months imprisonment and a fine not to exceed $300,000. The sale of 450 to less than 30 kilograms is punishable by 92 to 144 months imprisonment and a fine not to exceed $500,000, while the sale of 30 kilograms or more is punishable by 138 to 204 months imprisonment and a fine not to exceed $500,000.
Selling within 1,000 feet of a school zone increases the level of offense.
What is the penalty for selling to a minor?
Under Kansas law, selling or distributing marijuana to a minor is considered a more serious offense and can result in enhanced penalties. The sale or distribution of any amount of marijuana to a minor is considered a drug severity level 2 felony, punishable by a term of imprisonment ranging from 98 months to 653 months (8 years to over 54 years) and a fine not to exceed $500,000.
In addition, the offender may face a mandatory minimum term of imprisonment of 98 months. It is important to note that these penalties apply to the sale or distribution of any amount of marijuana to a minor, regardless of whether it is a first offense or subsequent offense.
What is possession with the intent to sell?
In Kansas, possession with intent to distribute marijuana is considered a felony offense and carries severe penalties. Possessing more cannabis than what is considered reasonable for personal consumption, potentially exceeding legal limits, qualifies as possession with intent to distribute. The punishment for possession with intent to distribute marijuana in Kansas can range from a minimum of 14 months probation up to 204 months in prison, depending on the amount and circumstances of the offense. Additionally, fines and other legal consequences may also apply.
What are the penalties for possession for personal use?
In Kansas, possession of marijuana for personal use is a misdemeanor offense. The penalties for possession of any amount of marijuana include a maximum of six months imprisonment and a maximum fine of $1,000 for a first offense. A second offense is also a misdemeanor but carries a mandatory minimum sentence of 5 days and a maximum sentence of one year in prison, as well as a fine not to exceed $2,500.
