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Kansas

Is weed legal In Kansas?

No. In Kansas, marijuana for any purpose is illegal.

Only CBD with 0% THC is legal in the state. Kansas law places no restrictions on where CBD can be consumed but it may not be smoked or vaporized in flower form, as many cannabis consumption accessories are criminalized as drug paraphernalia.

Patients or parents of minor patients with debilitating medical conditions who possess CBD oil with less than 5% THC can avoid criminal conviction with a letter from their physician. But they can still be arrested, charged, and taken to court.

Possession of even small, personal amounts of marijuana is a Class B misdemeanor punishable by up to six months in prison and a $1,000 fine for the first offense.

Legislation history

Before the 2018 legislative session, Kansas was one of the strictest states in the US when it came to prohibiting cannabis. Kansas first banned marijuana in 1927, as most states west of the Mississippi River did. Since then, Kansas has barely changed its stance on the plant.

On April 20, 2018, Gov. Jeff Colyer signed into law SB 263, also known as the Alternative Crop Research Act . The act instructed the Kansas Department of Agriculture (KDA) to launch a program, in collaboration with Kansas’ public universities, investigating the viability of industrial hemp, defined as cannabis with no more than 0.3% THC content.

Shortly after, on May 24, 2018, Colyer signed SB 282 , which explicitly amended the legal definition of marijuana to exempt cannabidiol (CBD), thus legalizing broad access to CBD products so long as they contain zero THC.

Gov. Laura Kelly signed SB 28, Claire and Lola’s Law , in 2019. It provided an “affirmative defense” for patients and parents or guardians of patients who possess and use CBD oil with less than 5% THC. An affirmative defense is usually presented in a trial, meaning the person can still be arrested, charged, and held while awaiting trial.

In order to claim the defense, the patient or parent/guardian must have with them at the time of arrest a letter from a doctor licensed in Kansas that states the patient’s “debilitating medical condition.” The letter must be on the doctor’s letterhead and dated within the last 15 months. The law did not include a list of conditions but stipulated a medically diagnosed disease or condition that impairs strength or function, including seizures.

FAQ

What drugs are legal in Kansas?

That’s a very broad question. CBD with 0% THC is legal for anyone and CBD with less than 5% THC is legal for qualified patients and caregivers. The state’s schedules of controlled substances provide more detailed information on the regulation of drugs in Kansas. Marijuana is definitely illegal though.

Is being high in Kansas illegal?

It depends on what you mean by being high. Possession of any amount of cannabis or drug paraphernalia is illegal in Kansas. Driving while under the influence, or high, is illegal. For a deeper dive into Kansas law, start here .

Is Kansas a no-tolerance state?

There’s no set definition for the term “no tolerance.” Though there are very clear consequences for drug-related crimes in Kansas. For example, Kansas law states that operating or attempting to operate any vehicle while under the influence of any drug or combination of drugs that makes you unable to operate the vehicle safely constitutes a DUI. The first conviction for this offense is a class B misdemeanor, which carries a sentence of 48 consecutive hours to six months imprisonment (or 100 hours of community service) and a fine of $750 to $1,000.

When will marijuana be legal in Kansas?

While we can’t predict the future, we know that Kansas citizens cannot petition to have a vote on legalization added to the ballot. Only the state legislature can legalize marijuana by passing bills in both the House and Senate. Then the governor would have to sign it, veto it, or let it pass without signing. Several medical marijuana bills, the usual starting point for legalization, have been proposed in the last few years but none have made it through. The current governor, Laura Kelly, has expressed her support for legalizing medical marijuana but the legislature has to put a bill in front of her first.

What is the penalty for marijuana in Kansas?

Possession of even small, personal amounts of marijuana is a Class B misdemeanor punishable by up to six months in prison and a $1,000 fine for the first offense.

What Kansas City clinics prescribe medical marijuana medical cards?

Kansas does not have medical marijuana cards because it’s illegal in Kansas. CBD oil with 0% THC is legal and available to anyone. Patients (or parents/guardians of minor patients) with a letter from their doctor confirming their diagnoses with a debilitating medical condition have a legal defense for possessing CBD oil with less than 5% THC but the state makes no provisions for purchasing said oil.

Where does Kansas stand on medical marijuana?

Several medical marijuana bills have been proposed in the last few years but none have made it through the state legislature, the state’s only route for legalization. Current governor Laura Kelly has expressed her support for medical marijuana but the legislature has to put a bill in front of her first. As the law currently stands, medical marijuana is illegal in Kansas.

This page was last updated October 23, 2020.

View the marijuana laws & regulations for Kansas.

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Kansas

Hemp approved for harvest in south-central Kansas

For Melisa Nelson-Baldwin, data is key. And what this trained crop research scientist sees is hemp is a great crop for Kansas farmers.

So much so that Nelson-Baldwin and her partners, husband Aaron Baldwin and brother-in-law Richard Baldwin, are ready to build a hemp fiber manufacturing plant in Great Bend – the first one in Kansas.

“We want to be up and running by the end of the year,” Nelson-Baldwin said.

The Baldwins grow both industrial cannabidiol oil and fiber hemp at their farm, South Bend Industrial Hemp, in Barton and Stafford counties. Aaron and Richard Baldwin are fourth-generation farmers in Great Bend, while Nelson-Baldwin grew up on a farm in Holton. The three work with both forms of industrial hemp on 55 acres of their traditional grain farm.

Will States Impacted By Coronavirus Turn To Marijuana Legalization?

States still searching for the best path forward in balancing economic and health concerns amid the continuing coronavirus outbreak also face another challenge once businesses reopen: recovering billions lost in state tax revenue, as well as millions of lost jobs.

In the long term, marijuana legalization might provide an answer. Even in historically conservative Texas, where marijuana is not legal but has been decriminalized, a movement is growing to legalize cannabis. Many believe the resulting tax revenue can help the state recover.

Kansas moves one step closer to commercial hemp program

The process of establishing a new commercial hemp program in Kansas has taken a critical first step.

The Hutchinson News reports that the U.S. Department of Agriculture approved the plan by the Kansas Department of Agriculture to change the state’s research-based commercial hemp program to a commercial program.

This approval makes it possible for farmers to grow hemp without being under the umbrella of a research program. Once this program is approved by the state, farmers will not have to make formal research proposals in order to grow the non-hallucinogenic crop.

But the program must jump through several more hurdles to change status. These include state-based rules and regulations.

Kansas Committee Rejects Lower Penalties for Marijuana Possession

In a disappointing and borderline archaic move Kansas’ House Corrections and Juvenile Justice Committee voted 7 to 4 to reject a bill that would have simply made marijuana possession a misdemeanor regardless of how many times someone is caught with it, rather than a felony as it is current for third convictions (punishable by up to 14 months in prison). The move would not have legalized or even decriminalized possession, just prevented the personal possession of small amounts from being a felony.

The bill initially said offenders now in prison for marijuana possession would be released, but the committee removed that provision from the measure. Still, the committee rejected the measure. Chairman Russ Jennings (R) said the debate on the idea is over for the year.

Kansas Lawmakers Reject Proposal to Reform Marijuana Laws, Reduce Penalties

Kansas legislators aren’t ready to declare that marijuana possession never should be a felony, rejecting proposals Monday to lower penalties for third-time offenders and to release others from prison.

Producers talk fast-growing hemp industry

Farmers, educators, city leaders and academics came together this week to learn about growing hemp in Kansas.

This first annual Kansas State Industrial Hemp Conference was held Feb. 4 at the Kansas State Research and Extension Center in Wichita.

Researchers from K-State spoke about the difficulty of growing hemp. Cary Rivard, a K-State researcher based at the Olathe Horticulture Center, spoke to the crowd of more than 225 people about the test results of growing 400 hemp plants on 0.45 acres at his center.

“This is one of the fastest-growing plants I’ve ever seen,” Rivard said.

Kansas takes a step toward medical marijuana as lawmakers recommend having a look

As a growing number of states legalized some form of medical marijuana — now up to 33 — Kansas always remained a firm opponent.

Legislation to end prohibition never seemed to get very far before opposition from law enforcement and parts of the medical community brought it to a halt. Any change would have faced a near-certain governor’s veto, anyway.

That’s beginning to change.

Is Kansas finally ready to legalize medical marijuana?

Kansans are telling lawmakers they want medical marijuana. In 2020, legislators should recognize the momentum that’s building and authorize limited access to cannabis.

A special legislative committee heard testimony Wednesday about the issue. More than two dozen groups and individuals provided oral or written support for medical marijuana in Kansas.

Supporters include patients, nurses, professors and activist groups. Some told the committee they use marijuana to relieve chronic pain and disease.

Kansas hemp growers experiencing struggles, successes in first year

The newest crop in Kansas is bringing mixed results for farmers. 2019 is the first year people in Kansas are allowed to grow hemp.

“Consistently lot of farmers having trouble getting growing to start,” said James DeWitt, co-founder of United American Hemp in Olathe.

Weather conditions and access to hemp seed have been a struggle for some growers.

Right now, the only people that are allowed to grow hemp are those that applied to perform research to the Kansas Department of Agriculture. Research varies from types of seed, soil, to water usage.

DeWitt is researching how hemp reacts to different types of light.

Cannabis oil with low THC now legal to possess in Kansas

It’s no plan for legalization, but it’s something; as of July 1, qualified patients will be able to use low THC cannabis oil in Kansas. Claire and Lola’s Law a.k.a. House Bill 2244 does not allow for legal sale or production of the oil, but individuals and families who meet requirements will be able to leave the state to purchase it, then come back home to administer the medicine.

Prior to the law’s passage, Kansas was one of only four states without a comprehensive recreational or medical marijuana program — despite the fact that 18 pieces of medical marijuana legislation have been introduced since 2006.

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