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Cannabis in Kansas is fully illegal, and possession of even small amounts is a misdemeanor crime. Cannabis is only legal in Kansas in the form of THC free cannabidiol oil, also known as CBD. [1]
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Cannabis in Kansas is fully illegal, and possession of even small amounts is a misdemeanor crime. Cannabis is only legal in Kansas in the form of THC free cannabidiol oil, also known as CBD. [1]
In the early 20th century, most states west of the Mississippi enacted laws banning cannabis, with Kansas doing so in 1927. [2]
Senate bill 9 was pre-filed by David Haley (D) on January 10, 2013. This cannabis compassion and care act will allow the use of medical marijuana for certain debilitating conditions. Patients would be allowed to own 12 plants or 6 ounces (170 g) of marijuana for therapeutic purposes. [3] During the 2015 legislative session, the equivalent bill was passed in the House in mid-2015, but stalled in the Senate, who intend to reopen discussion of the bill in 2016. [4] The bill would also decrease penalties for cannabis possession, and order a state study of industrial hemp. [5]
In April 2015, the city of Wichita voted to decriminalize cannabis municipally, with a vote of 54-45, reducing first time possession to a criminal infraction with a $50 fine, rather than a misdemeanor with fines up to $2500 and a year of jail time, as under state law. The Kansas Attorney General stated that he would sue the city if the measure passed, arguing the city does not have legal authority to reduce cannabis penalties. [6] The Kansas Attorney General subsequently sued the city to hold the initiative. The Wichita City Council later unanimously voted to approve a similar ordinance in 2017. [7]
In March 2015, Garden City resident Shona Banda, who uses medical cannabis to treat her debilitating Crohn’s disease, was arrested and charged with five felony counts in relation to cannabis. Banda's usage of medical cannabis had been discovered after her 11-year-old child spoke publicly of his mother's usage at school; the boy was removed from her home by Child Protective Services and later placed with Banda's ex-husband. Banda faced up to 30 years for her use and possession of cannabis. [8] In August 2017, she pleaded no contest to possession of drug paraphernalia with intent to manufacture and was sentenced to 12 months of "mail-in probation", allowing her to complete probation while living in Spokane, Washington. [9]
In 2015, 10 sheriffs from Kansas and two other states sued the state of Colorado, alleging that the state's legalization of cannabis was placing an undue burden on law enforcement in neighboring states. [10] [11] The states of Nebraska and Oklahoma joined the suit, and Colorado responded that "Nebraska and Oklahoma filed this case in an attempt to reach across their borders and selectively invalidate state laws with which they disagree." The U.S. Supreme Court refused to hear the case. [12]
On May 14, 2018, Governor Jeff Colyer signed SB 282 which exempted CBD oil from the definition of marijuana, which allowed the legalization of CBD oil. [13] [14]
On March 17, 2021, the Kansas State House introduced a medicinal marijuana bill. The bill would allow the sale of raw plant material (flower), oils, tinctures, patches, and edibles to patients with conditions including chronic pain, cancer, lupus, Alzheimer's, Parkinson's, among others. Smoking and using vaporizers (that come into “direct contact” with a heating element) would still be illegal under the bill. [15] The bill was referred to the Committee on Federal and State Affairs and did not progress. [16]
The first possession charge of less than 450 grams (16 oz) will result in a class-B misdemeanor with up to 6 month incarceration sentence and a $1,000 fine maximum. A subsequent offense for possessing any amount can result in a fine of up to $100,000 and a sentence of up to 3½ years. Sale or distribution of any amount can result in a $300,000 to $500,000 fine and an incarceration sentence depending on the quantity and severity of the offense. [17]
In the United States, the use and possession of cannabis is illegal under federal law for any purpose by way of the Controlled Substances Act of 1970 (CSA). Under the CSA, cannabis is classified as a Schedule I substance, determined to have a high potential for abuse and no accepted medical use. Despite this, most states have legalized either or both the medical and recreational use of cannabis.
The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.
Cannabis is strictly illegal in Wyoming. The state has some of the strictest cannabis laws in the United States. Cannabis itself is not allowed for medical purposes, but a 2015 law allows limited use of non-psychoactive Cannabidiol. An effort was made to place two initiatives on the 2022 ballot, one to legalize medical cannabis, and the other to decriminalize personal use.
Cannabis in Georgia is illegal for recreational use, but decriminalized in the cities of Atlanta, Savannah, Macon, Athens, and others. Limited medical use is allowed in the form of cannabis oil containing less than 5% THC.
Cannabis in Wisconsin is illegal for recreational use. Possession of any amount is punishable by up to 6 months in prison and a $1000 fine for a first offense. A second offense is punished as a felony with up to 3.5 years in prison and up to a $10,000 fine. At the local level, however, numerous municipalities and counties have decriminalized cannabis or lessened penalties for minor possession offenses. Medical use is legal only in the form of low-THC cannabis oil.
Cannabis in Utah is illegal for recreational use. Possession of small amounts is punishable as a misdemeanor crime. Medical use was legalized by ballot measure in November 2018, after a CBD-only law was passed in 2014 and a limited "right to try" law was passed in March 2018.
Cannabis in Tennessee is illegal for most use, with the exception of limited medical purposes. Possession of even small amounts is a criminal misdemeanor, but there are limited legal allowances for non-psychoactive CBD oil as medical cannabis, and the authorities have not been able to enforce the law.
Cannabis in Iowa is illegal for recreational use if classified as marijuana but consumable hemp products including CBD products are legal for consumers to possess and registered retailers to sell. Possession of even small amounts of marijuana is a misdemeanor crime. The state has a medical program for patients with qualifying debilitating medical conditions that allows for the legal sale and possession of no more than 4.5g of THC per patient every 90-day period. Allowed modes of consumption are oral & topical forms including, but not limited to; tablets and tinctures, nebulizable inhalable forms, suppositories, and vaporization.
Cannabis in Alabama is illegal for recreational use. First-time possession of personal amounts is a misdemeanor, punishable by up to a year in prison, a fine of up to $6000, and a mandatory six months driver's license suspension. Repeat offenses and possession with intent to sell are felonies.
Cannabis in North Dakota is legal for medical use but illegal for recreational use. Since 2019 however, possession under a 1/2 ounce has been decriminalized in the sense that there is no threat of jail time, though a criminal infraction fine up to $1,000 still applies. The cultivation of hemp is currently legal in North Dakota. In November 2018, the state's voters voted on recreational marijuana legalization, along with Michigan; the measure was rejected 59% to 41%. Two groups attempted to put marijuana legalization measures on the June 2020 Primary and the November 2020 elections, but were prevented from doing so by the COVID-19 pandemic.
Cannabis in Virginia is legal for medical use and recreational use. The first medical marijuana dispensary opened in August 2020, and adult recreational use became legalized in July 2021.
Cannabis in Indiana is illegal for recreational use, with the exception of limited medical usage. Possession of any amount is a Class B misdemeanor, punishable by up to 180 days in prison and a fine of up to $1000.
Cannabis in Texas is illegal for recreational use. Possession of up to two ounces is a class B misdemeanor, punishable by up to 180 days in prison and a fine of up to $2000. Several of the state's major municipalities have enacted reforms to apply lesser penalties or limit enforcement, however.
Cannabis in North Carolina is illegal for any use except for very limited medical usage, though decriminalized for possession of 0.5 ounces or less for individuals with three or fewer misdemeanor convictions.
Cannabis in Missouri is legal for recreational use. A ballot initiative to legalize recreational use passed by a 53–47 margin on November 8, 2022. Possession for adults 21 and over became legal on December 8, 2022, with the first licensed sales occurring on February 3, 2023.
Cannabis in Mississippi is legal for medical use and illegal for non-medical use. Possession of small amounts was decriminalized in 1978.
Cannabis in New Hampshire is illegal for recreational use and decriminalized for possession of up to three-quarters of an ounce (21 g) as of July 18, 2017. Medical use is legal through legislation passed in 2013.
Cannabis in Florida is illegal for recreational use. Possession of up to 20 grams is a misdemeanor offense, punishable by up to a year in jail, a fine of up to $1000, and the suspension of one's driver's license. Several cities and counties have enacted reforms to apply lesser penalties, however.
Cannabis in Ohio will become legal for recreational use on December 7, 2023. Since 1975, possession of up to 100 grams has been decriminalized, with several of the state's major cities having enacted further reforms. On November 7, 2023, voters approved Issue 2 by a 57–43 margin to legalize cannabis for recreational use.
Cannabis in Michigan is legal for recreational use. A 2018 initiative to legalize recreational use passed with 56% of the vote. State-licensed sales of recreational cannabis began in December 2019.