Kansas Cannabis Information Portal

What is the State of Marijuana in Kansas?

Kansas is one of a few states in the United States to have not legalized cannabis for any purpose (medical or recreational). The state has a conservative approach toward cannabis legalization and is only recently making strong moves to legalize medical cannabis.

Cannabis is categorized as a Schedule I controlled substance in Kansas, alongside substances such as LSD and Heroin, making it illegal to grow, possess, or sell cannabis in the state. Possessing even small amounts of cannabis may lead to misdemeanor charges, punishable by imprisonment. For larger amounts and repeated cannabis offenses, violators may be charged with felony offenses.

Currently, SB 135 and SB 171 have been introduced in the state senate and are being discussed for legalizing medical cannabis. SB 135 proposes to create medical cannabis regulations for the cultivation, processing, distribution, sale, and use of medical cannabis. SB 171 proposes to create a veterans medical cannabis act to regulate the cultivation, distribution, possession, and sale of medical cannabis.

SB 135, if approved, would allow patients with qualifying medical conditions to possess and buy up to 30-day supplies of medical cannabis (at least 3 ounces) from licensed dispensaries. However, medical marijuana would be taxed at 10%, and out-of-state patients would be allowed to possess medical cannabis in Kansas. However, should the bill be signed into law, regulators would have until January 2025 to adopt rules for registering patients, licensing businesses, and issuing medical cannabis cards.

Currently, Kansas allows residents to use CBD-rich oils with up to 5% THC as SB 28, signed in the 2019 legislative session, provides an affirmative defense for users of low-THC medical cannabis. Note that an affirmative defense under SB 28 does not prevent an individual from arrest or being charged in court. Also, SB 28 does not provide for the legal sale or production of cannabis oils.

How Has Marijuana Affected the Kansas Economy?

With recreational and medical marijuana not yet legal in Kansas, it is difficult to know precisely how much impact legalizing the drug would have on the state’s economy. However, the Kansas Department of Revenue generated $255,271 under its drug stamp tax program in 2021.

Proponents of cannabis legalization in the state argue that legalizing cannabis would reduce arrest numbers and help the state cut down on its expenses on its judiciary system. Also, another research indicates that the state stands to generate over $40 million annually in tax revenue if cannabis is legalized.

What is the Marijuana Crime Rate in Kansas?

Since marijuana has yet to be legalized in Kansas, comparing arrest rates before and after the legalization of the drug is not yet possible. Still, arrest rates have remained high in the state in recent years. In 2017, the state recorded 4,330 marijuana possession arrests and 1,152 arrests for marijuana sales. In 2019, the figures for both arrests were 4,564 and 566, respectively. In 2021, Kansas recorded 3,967 arrests for marijuana possession and 373 arrests for marijuana sales.

What is the History of Kansas Marijuana?

Marijuana was banned in Kansas in 1927 during a nationwide clampdown on cannabis cultivation and production. Between 2013 and 2015, several attempts to legalize medical cannabis also failed in the state. In 2013, SB 9 aimed to allow medical marijuana use for certain debilitating conditions. Under SB 9, patients would be able to own 12 plants or 6 ounces of cannabis for medical uses; however, the move ultimately failed. Another attempt was made in the 2015 legislative session, but it also stalled in the Senate. In 2017, the City of Wichita voted to decriminalize the possession of small amounts of marijuana, but the Kansas Attorney General ruled the bill void in the state.

In 2018, Governor Jeff Colyer signed SB 282, legalizing the broad use of CBD products as long as they contained 0% THC. In Kansas' 2019 legislative session, there was a modest advancement towards limited protections for specific forms of low-THC medical cannabis. A bill known as SB 28, commonly referred to as Claire and Lola's Law, was signed into law by Governor Laura Kelly, establishing a legal defense for individuals in possession of CBD-rich oils containing up to 5% THC. However, residents may still be arrested and charged in court for possessing CBD-rich oils.

During the legislative sessions of 2021 and 2022 in Kansas, there were notable developments and setbacks regarding the passage of a medical cannabis bill. In 2021, the Kansas House of Representatives successfully passed a medical cannabis bill (SB 560), which carried over to the following year's legislative session in 2022. Governor Laura Kelly has been an outspoken advocate for medical cannabis in the state. However, despite these efforts, the bill failed to progress in the Senate before the conclusion of the two-year legislative session in 2022.

In an attempt to advance the cause of medical cannabis, the Senate conducted a series of hearings throughout 2022. These hearings aimed to gather information and insights to shape a comprehensive medical cannabis bill for consideration in the 2023 session. As a result, Senate Bill 135 was introduced, aiming to establish a program that would benefit patients suffering from debilitating conditions. However, the bill failed to move out of committee despite the initiative. Senate Bill 171 was also introduced in 2023 to legalize medical cannabis. SB 171 would legalize marijuana use for veterans with valid medical cards. The bill would also allow for the cultivation, sale, distribution, and use of medical cannabis. SB 171 has been referred to the Committee on Federal and State Affairs.

Note that the legislative session in Kansas spans two years. Hence, there will be another opportunity for this medical cannabis bill to be reintroduced and potentially make progress in 2024. Advocates and supporters of medical cannabis will have the chance to regroup, refine their strategies, and address concerns raised by opponents in their ongoing efforts to push the state to legalize medical cannabis.

As the discussion surrounding medical cannabis continues to evolve in 2024 and public opinion shifts, the future prospects for medical cannabis in Kansas remain hopeful. Due to the continued clamor for legalization by several groups, there is a growing possibility for Kansas to join other states in recognizing the medical benefits of cannabis and providing relief to patients in its jurisdiction.