Kansas
Kansas has enacted no medical, decriminalization, or adult-use cannabis law, leaving it one of a small number of fully prohibited states. Cannabis is a Schedule I controlled substance under K.S.A. 65-4105, and the state operates no licensing, taxation, or regulatory framework for cannabis of any kind. There is no legal possession allowance; any amount is a criminal offense. Two narrow carve-outs exist: zero-THC cannabidiol was excluded from the definition of marijuana by Senate Bill 282 in 2018, and industrial hemp at or below 0.3 percent delta-9 THC is legal under the Kansas Commercial Industrial Hemp Act. A low-THC cannabidiol treatment preparation carries only an affirmative defense to a possession charge with a physician's letter under Claire and Lola's Law; it remains unlawful to sell or produce in the state. The 2025-26 legislative session adjourned on April 10, 2026 with no cannabis bill advancing, and House Bill 2363, which would have provided relief for cannabis convictions, died in committee in 2024. Cannabis arrests have run at roughly 4,300 to 5,200 per year from calendar-year 2019 through calendar-year 2024, totaling 5,141 in calendar-year 2024. These figures derive from secondary compilations of federal crime data with incomplete agency reporting. Kansas reached a population of 2,970,606 as of July 1, 2024.
Licensing & Market
Kansas issues no cannabis licenses of any class and operates no cultivation, retail, manufacturing, or delivery program. There is no track-and-trace system, no application or license fees, no municipal opt-in framework, and no vertical-integration rule, because the state has no legal cannabis industry to regulate. Every market-access metric is null by structure rather than by a gap in reporting.
| Field | Value | Source |
|---|---|---|
| Cultivator licenses awarded | Not available in the public record | — |
| Cultivator licenses operational | Not available in the public record | — |
| Cultivator activation rate | Not available in the public record | — |
| Operating cultivators per million | Not available in the public record | — |
| Retail licenses awarded | Not available in the public record | — |
| Retail licenses operational | Not available in the public record | — |
| Retail activation rate | Not available in the public record | — |
| Dispensaries per 100k | Not available in the public record | — |
| Vertical integration | Not available in the public record | — |
| License caps exist | Not available in the public record | — |
| Licenses transferable | Not available in the public record | — |
| Residency required | Not available in the public record | — |
| Residency duration (months) | Not available in the public record | — |
| Municipalities allowing | Not available in the public record | — |
| Municipalities total | Not available in the public record | — |
| Municipal opt-in rate | Not available in the public record | — |
| Track-and-trace system | Not available in the public record | — |
| Cultivator application fee | Not available in the public record | — |
| Cultivator annual fee | Not available in the public record | — |
| Retail application fee | Not available in the public record | — |
| Retail annual fee | Not available in the public record | — |
Consumer Rules
Kansas permits no legal cannabis use or possession. Home cultivation is a felony, prosecuted as cultivation of a controlled substance under K.S.A. 21-5705, with no personal-grow exception. There is no legal possession limit because no amount is lawful. Cannabis delivery and consumption lounges do not exist as legal categories. No cannabis product forms are lawful for adult or medical use; the only cannabis-derived products legal to possess are zero-THC cannabidiol, excluded from the definition of marijuana by Senate Bill 282 in 2018, and industrial hemp at or below 0.3 percent delta-9 THC under K.S.A. 2-3901 et seq. A low-THC cannabidiol treatment preparation, defined as THC no more than 5 percent relative to the CBD concentration, carries an affirmative defense to a possession charge with a physician's letter under Claire and Lola's Law, but cannot be lawfully sold or produced in Kansas.
| Field | Value | Source |
|---|---|---|
| Home grow allowed | No | [5] |
| Home grow plant limit | Not available in the public record | — |
| Possession limit (oz) | Not available in the public record | — |
| Delivery legal | No | [6] |
| Delivery operational | No | [7] |
| Consumption lounges legal | No | [8] |
| Consumption lounges count | 0 | [9] |
| Purchase limit, flower (oz) | Not available in the public record | — |
| Purchase limit, concentrate (g) | Not available in the public record | — |
| Purchase limit, edibles (mg) | Not available in the public record | — |
| All product forms legal | No | [10] |
| Restricted product forms | All marijuana products are prohibited (Schedule I, K.S.A. 65-4105). The only cannabis-derived products legal to possess are: (1) zero-THC cannabidiol (CBD), excluded from the definition of marijuana by SB 282 (2018), and (2) industrial hemp and hemp products at or below 0.3% delta-9 THC (Kansas Commercial Industrial Hemp Act, K.S.A. 2-3901 et seq.). A low-THC 'cannabidiol treatment preparation' (THC no more than 5% relative to the CBD concentration) is NOT legal to sell or produce in Kansas, but possession carries an affirmative defense to prosecution with a physician's letter under Claire and Lola's Law (K.S.A. 65-6235; K.S.A. 21-5706(d)). | [11] |
Taxation
Kansas levies no cannabis excise, sales, potency, or wholesale tax and collects no cannabis tax revenue. The state's general sales tax does not reach a market that does not legally exist. All fiscal metrics are null because there is no taxable legal market.
| Field | Value | Source |
|---|---|---|
| Excise tax | Not available in the public record | — |
| Excise tax type | Not available in the public record | — |
| Sales tax | Not available in the public record | — |
| Wholesale tax | Not available in the public record | — |
| Potency tax exists | Not available in the public record | — |
| Potency tax, flower | Not available in the public record | — |
| Potency tax, concentrate | Not available in the public record | — |
| Potency tax, edibles | Not available in the public record | — |
| Local tax (max) | Not available in the public record | — |
| Local tax (typical) | Not available in the public record | — |
| Total effective rate | Not available in the public record | — |
| Medical tax exempt | Not available in the public record | — |
| Medical tax rate | Not available in the public record | — |
| Annual tax revenue | Not available in the public record | — |
| Tax revenue per capita | Not available in the public record | — |
| Tax changed since legalization | Not available in the public record | — |
| Tax direction | Not available in the public record | — |
Operator Data
Kansas has no legal cannabis operators, sales, licenses, or published prices. No figures exist for market size, per-capita sales, wholesale or retail pricing, or license attrition, because there is no legal industry. Any cannabis commerce occurs in the unregulated market and is not captured in any public dataset.
| Field | Value | Source |
|---|---|---|
| Wholesale flower ($/lb) | Not available in the public record | — |
| Wholesale flower period | Not available in the public record | — |
| Wholesale trend | Not available in the public record | — |
| Wholesale price compression | Not available in the public record | — |
| Retail flower ($/oz) | Not available in the public record | — |
| Operator margin | Not available in the public record | — |
| Total market sales | Not available in the public record | — |
| Adult-use sales | Not available in the public record | — |
| Per-capita sales | Not available in the public record | — |
| YoY sales growth | Not available in the public record | — |
| License attrition (count) | Not available in the public record | — |
| License attrition | Not available in the public record | — |
| Peak cultivation licenses | Not available in the public record | — |
| Current cultivation licenses | Not available in the public record | — |
Consumer Data
Kansas has no legal cannabis market, so there is no per-capita legal sales figure, dispensary density, or published retail price trend. No primary estimate of legal-market capture exists, because there is no legal market against which to measure it.
| Field | Value | Source |
|---|---|---|
| Per-capita sales | Not available in the public record | — |
| Dispensaries per 100k | Not available in the public record | — |
| Legal market capture | Not available in the public record | — |
| Legal capture source | Not available in the public record | — |
| Retail price trend | Not available in the public record | — |
Equity Programs
Kansas operates no social-equity program, no cannabis equity or reinvestment fund, and no cannabis-specific or automatic record-clearing mechanism. Because the state has enacted no legalization statute, there is no licensing system in which equity provisions could exist. Record relief for a cannabis conviction is available only through the general petition-based expungement statute, K.S.A. 21-6614, which requires the petitioner to file in the convicting court, satisfy statutory waiting periods, and meet a public-welfare test at the court's discretion. These are settled negative answers rather than gaps in reporting.
| Field | Value | Source |
|---|---|---|
| Equity program exists | No | [12] |
| Equity program type | Not available in the public record | — |
| Equity licenses awarded | Not available in the public record | — |
| Equity licenses operational | Not available in the public record | — |
| Equity activation rate | Not available in the public record | — |
| Equity fund exists | No | [13] |
| Equity fund size | Not available in the public record | — |
| Equity fund disbursed | Not available in the public record | — |
| Equity fund disbursement rate | Not available in the public record | — |
| Minority ownership | Not available in the public record | — |
| Women ownership | Not available in the public record | — |
| Community reinvestment | Not available in the public record | — |
| Expungement exists | No | [14] |
| Expungement automatic | No | [15] |
| Expungements processed | Not available in the public record | — |
| Income cap for equity | Not available in the public record | — |
Enforcement
Kansas has no cannabis regulatory agency, regulatory budget, inspection regime, testing requirements, or licensee-enforcement program, because there are no licensees. Enforcement of cannabis law in Kansas is ordinary criminal law enforcement carried out by police, prosecutors, and the courts, reflected in the arrest figures reported under criminalization rather than in regulatory metrics. The operational enforcement statistics a regulated state would publish are not available because no such regulator exists.
| Field | Value | Source |
|---|---|---|
| Track-and-trace system | Not available in the public record | — |
| Inspections per year | Not available in the public record | — |
| Enforcement actions (licensees) | Not available in the public record | — |
| Unlicensed-market enforcement actions | Not available in the public record | — |
| Regulatory budget | Not available in the public record | — |
| Regulatory staff | Not available in the public record | — |
| Mandatory testing analytes | Not available in the public record | — |
| Testing cost per batch | Not available in the public record | — |
| Product recalls per year | Not available in the public record | — |
| Fine schedule (min) | Not available in the public record | — |
| Fine schedule (max) | Not available in the public record | — |
Penalties & Criminal Law
Kansas prohibits cannabis in all forms and provides no legal possession allowance. First-offense possession of any amount is a Class B misdemeanor punishable by up to 6 months in jail and a fine up to $1,000; a second offense is a Class A misdemeanor, and a third or subsequent offense is a drug severity level 5 felony (K.S.A. 21-5706). Cultivation and sale are felonies at any amount under K.S.A. 21-5705. Cultivation is charged by plant count: more than 4 but fewer than 50 plants is a level 3 felony, 50 to 99 plants a level 2 felony, and 100 or more plants a level 1 felony — the top tier — carrying presumptive imprisonment of roughly 138 to 204 months and a fine up to $500,000. Distribution is charged by weight: less than 25 grams is a level 4 felony, 25 grams to 450 grams a level 3 felony, 450 grams to 30 kilograms a level 2 felony, and 30 kilograms or more a level 1 felony, with intent to distribute inferred at 450 grams or more and severity rising one level within 1,000 feet of a school. Kansas sets no per se THC blood limit for impaired driving, relying instead on an impairment standard under K.S.A. 8-1567. The state has no cannabis-specific or automatic expungement program. Total cannabis arrests were 5,141 in calendar-year 2024, roughly 173 per 100,000 residents calculated on total state population, and have ranged from about 4,300 to 5,200 per year since calendar-year 2019. These counts derive from secondary compilations of FBI Uniform Crime Reporting and NIBRS data, with Kansas agency reporting coverage between 47 and 71 percent across these years, which understates true totals. The most recent published racial-disparity estimate, drawn from 2018 federal data, found Black residents arrested for cannabis possession at 4.8 times the rate of white residents; an earlier estimate using 2010 data put the ratio at 4.41.
| Field | Value | Source |
|---|---|---|
| Max penalty, unlicensed cultivation | Felony, drug severity level 1: cultivating 100 or more marijuana plants is a level 1 drug felony (presumptive imprisonment, ~138-204 months / roughly 11.5-17 years; max fine $500,000). Lower tiers: 50-99 plants = level 2 (92-144 months); more than 4 but fewer than 50 plants = level 3 (46-83 months). Cultivation is prosecuted under K.S.A. 21-5705 (no personal-cultivation exception exists in Kansas). Severity level increases by one step if within 1,000 feet of a school. (K.S.A. 21-5705(d)(8); sentencing grid K.S.A. 21-6805; fines K.S.A. 21-6611.) | [16] |
| Max penalty, unlicensed sale | Felony, drug severity level 1: distributing 30 kilograms or more of marijuana is a level 1 drug felony (presumptive imprisonment, ~138-204 months; max fine $500,000). Lower tiers under K.S.A. 21-5705(d)(2): 450g-30kg = level 2 (92-144 months); 25g-450g = level 3 (46-83 months); less than 25g = level 4 (14-51 months). Any distribution, regardless of amount, is a felony. Intent to distribute is inferred at 450 grams or more; severity increases one step within 1,000 feet of a school. (K.S.A. 21-5705(d)(2); grid K.S.A. 21-6805; fines K.S.A. 21-6611.) | [17] |
| Felony threshold (grams) | Not available in the public record | — |
| Felony threshold type | Not available in the public record | — |
| Penalty, possession over limit | Not available in the public record | — |
| Penalty, public consumption | Not available in the public record | — |
| DUI per se limit (ng) | Not available in the public record | — |
| DUI zero tolerance | No | [18] |
| Penalties increased post-legalization | Not available in the public record | — |
| Penalty direction | Not available in the public record | — |
| Penalty direction details | Not available in the public record | — |
| Post-legalization arrests (annual) | Not available in the public record | — |
| Racial disparity ratio | 4.8 | [19] |
| Expungement exists | No | [14] |
| Expungement automatic | No | [15] |
Sources
- ↑ U.S. Census Bureau, Vintage 2024 Population Estimates (NST-EST2024-POP), state of Kansas https://www2.census.gov/programs-surveys/popest/tables/2020-2024/state/totals/NST-EST2024-POP.xlsx
- ↑ USPS / U.S. Census Bureau standard two-letter abbreviation for Kansas https://www.census.gov/library/reference/code-lists/ansi.html
- ↑ Dashboard compilation date 2026-06-07. Underlying vintages: Kansas Statutes current through the 2025-26 session (adjourned April 10, 2026); Census Vintage 2024 population; FBI UCR/NIBRS arrest series through CY2024; ACLU disparity data (2018) https://ksrevisor.gov/
- ↑ U.S. Census Bureau Vintage 2024 Population Estimates (NST-EST2024-POP), Kansas July 1, 2024 = 2,970,606. (Census .xlsx is binary; figure triangulated against Census-sourced publications — IPSR/KU 2024 Kansas Statistical Abstract and USAFacts — all citing the same V2024 release.) https://www.census.gov/newsroom/press-kits/2024/national-state-population-estimates.html
- ↑ Home cultivation is illegal in Kansas. Marijuana is Schedule I (K.S.A. 65-4105) and cultivation of any controlled substance is a felony under K.S.A. 21-5705; there is no personal-cultivation exception https://ksrevisor.gov/statutes/chapters/ch21/021_057_0005.html
- ↑ Cannabis delivery is illegal in Kansas; marijuana is Schedule I (K.S.A. 65-4105) and there is no legal market, licensing, or distribution framework. Distribution is a felony under K.S.A. 21-5705 https://ksrevisor.gov/statutes/chapters/ch65/065_041_0005.html
- ↑ No legal cannabis delivery operates in Kansas; there is no licensed cannabis market. Distribution of marijuana is a felony (K.S.A. 21-5705) https://ksrevisor.gov/statutes/chapters/ch21/021_057_0005.html
- ↑ On-site consumption venues are illegal in Kansas; there is no legal cannabis market and marijuana is Schedule I (K.S.A. 65-4105) https://ksrevisor.gov/statutes/chapters/ch65/065_041_0005.html
- ↑ No legal cannabis consumption venues exist in Kansas (no legal market; marijuana is Schedule I, K.S.A. 65-4105); count = 0 https://ksrevisor.gov/statutes/chapters/ch65/065_041_0005.html
- ↑ All marijuana product forms are prohibited in Kansas (Schedule I, K.S.A. 65-4105(d)(17), (h)(1)). Only zero-THC CBD (SB 282, 2018) and hemp/hemp products at or below 0.3% delta-9 THC (K.S.A. 2-3901 et seq.) are legal https://ksrevisor.gov/statutes/chapters/ch65/065_041_0005.html
- ↑ Marijuana and tetrahydrocannabinols are Schedule I (K.S.A. 65-4105(d)(17), (h)(1)); SB 282 (2018) excluded zero-THC CBD from the definition of marijuana (K.S.A. 21-5701); Claire and Lola's Law (SB 28, 2019; K.S.A. 65-6235 and K.S.A. 21-5706(d)) creates an affirmative defense to possession of a low-THC 'cannabidiol treatment preparation' (THC not more than 5% relative to CBD concentration) with a physician's letter; the Kansas Commercial Industrial Hemp Act (K.S.A. 2-3901) governs hemp at or below 0.3% delta-9 THC https://ksrevisor.gov/statutes/chapters/ch65/065_062_0035.html
- ↑ Kansas has no legal cannabis market and therefore no social-equity licensing program. Marijuana Policy Project, Kansas (no medical, decriminalization, or legalization law) https://www.mpp.org/states/kansas/
- ↑ Kansas has no cannabis tax revenue and no dedicated cannabis equity fund (no legal market exists). Marijuana Policy Project, Kansas https://www.mpp.org/states/kansas/
- ↑ Kansas has no cannabis-specific or automatic expungement program. Record clearing for marijuana convictions is available only through the general petition-based expungement statute, K.S.A. 21-6614 (waiting periods, court discretion, public-welfare test) https://www.ksrevisor.org/statutes/chapters/ch21/021_066_0014.html
- ↑ Kansas expungement is petition-based, not automatic; the petitioner must file in the convicting court and meet statutory waiting periods (K.S.A. 21-6614). There is no automatic mechanism for any offense, cannabis or otherwise https://www.ksrevisor.org/statutes/chapters/ch21/021_066_0014.html
- ↑ K.S.A. 21-5705 makes it unlawful to cultivate a controlled substance; marijuana cultivation tiers by plant count under 21-5705(d)(8): more than 4 but fewer than 50 plants = drug severity level 3 felony; 50-99 = level 2; 100 or more = level 1 (max). Sentencing ranges: drug sentencing grid K.S.A. 21-6805; fines K.S.A. 21-6611 (level 1 max $500,000) https://ksrevisor.gov/statutes/chapters/ch21/021_057_0005.html
- ↑ K.S.A. 21-5705(d)(2) sets marijuana distribution tiers: less than 25g = drug severity level 4 felony; 25g-450g = level 3; 450g-30kg = level 2; 30kg or more = level 1 (max). Severity increases one step within 1,000 ft of a school. Sentencing ranges: K.S.A. 21-6805; fines K.S.A. 21-6611 (level 1 max $500,000) https://ksrevisor.gov/statutes/chapters/ch21/021_057_0005.html
- ↑ Kansas DUI for drugs is impairment-based, not zero-tolerance and not per se: K.S.A. 8-1567 prohibits operating a vehicle while 'under the influence of any drug or combination of drugs to a degree that renders the person incapable of safely driving.' There is no numeric THC blood limit and no statute criminalizing mere detectable THC https://ksrevisor.gov/statutes/chapters/ch08/008_015_0067.html
- ↑ [SECONDARY] ACLU, 'A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform' (2020, 2018 arrest data) — Black Kansans were 4.8x more likely than white Kansans to be arrested for marijuana possession; Kansas ranked 12th nationally. Corroborated by Marijuana Policy Project (Kansas) and ACLU of Kansas https://www.mpp.org/states/kansas/