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January 15, 2021 | Criminal Defense |

Is Marijuana Legal in Kansas?

Kansas Marijuana Law

Although some states across the country are starting to legalize marijuana in various forms (such as for medicinal or recreational purposes), Kansas still considers marijuana to be a controlled substance.  In 2020, HB 2017 was proposed by the Kansas state legislature that would have legalized medical cannabis in Kansas.  However, this bill did not advance, so marijuana still remains entirely illegal in the Sunflower State.

In the state of Kansas, marijuana is classified as a Schedule I controlled substance, and it is a crime to:

  • Possess even a small amount of marijuana for personal use; 
  • Cultivate marijuana plants (even for medicinal purposes), 
  • Distribute any amount of marijuana, 
  • Possess marijuana with the intent to distribute,
  • Drive under the influence of marijuana in Kansas.  

If you were arrested on marijuana charges in Kansas, contact Johnson County marijuana attorney Jerry Merrill immediately for a free consultation. Jerry is an experienced criminal defense trial attorney who handles cases ranging from misdemeanors to high-level felonies.  The Law Office of Jerry Merrill is different from other firms.  Each of our clients receives individualized attention and hands-on guidance in every aspect of their criminal defense, leading to better outcomes for their cases.  

What Are the Penalties for Marijuana Crimes in Kansas?

Marijuana Possession 

Penalties for marijuana possession can include fines and jail time depending on the type of offense and whether the conviction is a first or subsequent conviction.  Violations of Kansas marijuana possession laws can lead to a conviction of a class B nonperson misdemeanor with a punishment of a fine of up to $1,000, six months in jail, or both.  A second conviction is a Class A nonperson misdemeanor that could lead to a fine of up to $2,500, up to a year in jail or both.  A third or subsequent conviction is a felony with a fine of up to $100,000, up to 42 months in prison, or both.  

Marijuana Cultivation and Distribution

Penalties for cultivation and/or distribution of marijuana in Kansas vary according to the violation and whether the accused had prior convictions.  For example, suppose the accused individual distributed less than 25 grams of marijuana. In that case, the violation is a level 4 drug felony, punishable with a fine of up to $300,000, 51 months in prison, or both.  Distributing 30 kilograms or more of marijuana is a level 1 drug felony, punishable by a fine of up to $500,000, up to 204 months in prison, or both.  

Interpreting Kansas’ law relating to marijuana offenses and navigating through criminal court can be complicated, and application depends on the facts of your specific case.  A Johnson County marijuana attorney can help explain the law to you and advocate on your behalf to help you obtain the best result possible for your case.  

Arrested on Marijuana Charges? Contact Johnson County Marijuana Attorney Jerry Merrill Today

Were you or a loved one arrested on marijuana charges? If so, a Johnson County marijuana attorney at the Law Office of Jerry Merrill can help. Contact our office today to schedule a free case evaluation. You can reach us 24/7 by calling 913-381-2085 or by completing our online form.

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Merrill Law Firm

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7211 West 98th Terrace, Building 4, Suite 140
Overland Park, Kansas 66212

T. 913-381-2085 | F. 913-341-1130

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