Marijuana Dispensaries, Delivery, and Doctors

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Is Weed Legal in Kansas?

No, both medical and recreational marijuana are illegal in Kansas. Kansas has been steadily trying to pass legislation to decriminalize marijuana and legalize medical marijuana but unfortunately, these bills fail to advance for one reason or another. A bill recently just failed as the COVID-19 pandemic has slowed its interest and urgency. While the bill died out in office voters of the Sunflower State are set on passing a bill to legalize medical marijuana in the summer of 2021. 

 

Kansas has made some progress in the area of medical marijuana as it recently allowed the sale of CBD oil that is 100% THC free. The Kansas government recognized the medicinal benefits of marijuana and CBD, and we’re hopeful this is a good sign for future legalization.

Buying Marijuana in Kansas

Buying Marijuana at a Retail Location

In 2018, Kansas allowed for the sale of THC-free CBD oil for the public. Otherwise, the purchase of any type of marijuana or marijuana product containing THC is illegal in the state of Kansas. The good news, however, is that Kansas voters are in favor of legalizing medical marijuana and it could take place sooner than you think. It is speculated that medical marijuana could be legalized as soon as 2021!

Using a Marijuana Delivery Service

Since the newest marijuana bill is still being drafted, it is unclear how they will deal with delivery services in Kansas. There has been no mention of any legal system of marijuana delivery in any of the previous bills so the odds are that Kansas will not allow for this for some time. However, we will keep you updated with delivery information.

Store Hours

Store hours are usually not limited by the state unless the medical marijuana program is quite strict and regulated. Most states elect to not intervene and leave the hours of operation up to the dispensary. Regardless, we will keep this page updated as legislation is passed!

Purchasing Restrictions

Since the newest medical marijuana bill has not yet been finished, it is unclear how patients or recreational users would be restricted when purchasing marijuana. However, we will keep you updated as new information is made available.

Available Products

As of now, the only type of marijuana product one is legally allowed to purchase in Kansas is THC-free CBD products. The Kansas government has recognized the medicinal purpose of CBD and allows the public to purchase CBD in stores.

Taxes on Marijuana in Kansas

Taxes on Recreational Marijuana in Kansas

Recreational marijuana is outlawed in Kansas and there has been no legal system to maintain, regulate, and tax marijuana. Therefore, purchasing recreational marijuana involves illegal sales through the black market. If the Kansas police catch anyone selling or purchasing marijuana, they will crack down hard. It is too early on to tell how recreational marijuana might be taxed when it becomes legal, but we will continue to update when new bills are passed.

Taxes on Medical Marijuana in Kansas

The newest medical marijuana draft has not yet been finished and does not illustrate a system of taxes to regulate the sale of medical cannabis. However, you can expect a sales tax on each sale of medical marijuana as that is standard in most states. Kansas has a higher sales tax of 6.5% so medical marijuana may be a little more expensive as compared to most states, but it is still unclear how Kansas will elect to tax medical goods. Stay tuned.

Possession

Medical and recreational marijuana alike are not legalized nor decriminalized in Kansas. However, in 2016 the Kansas government cut the penalties for possessing marijuana in half. For first time offenders, marijuana possession is a Class B misdemeanor that can lead to 6 months in jail and a $1000 fine. Similarly, second-time offenders caught with marijuana now face a Class A misdemeanor rather than a full-blown felony. Kansas also reduced the penalty for possessing marijuana paraphernalia. Starting in 2017, people caught with marijuana paraphernalia such as pipes and grow lights are faced with 6 months in jail and/or a $1,000 fine rather than 1 year in jail and/or a $2,500 fine.

Using Marijuana in Kansas

Nobody is allowed to use marijuana in Kansas as it is still illegal and not yet decriminalized. While 63% of voters are in favor of decriminalizing marijuana, this process has been slowed by the COVID-19 pandemic. For now, however, if anyone is caught using marijuana in Kansas there are serious penalties and the cops will crack down hard. It is also important to know that possession or use of marijuana in certain areas can yield greater penalties in Kansas. In places near schools or health centers or around minors are much more severe crimes than say the privacy of one’s own home.

Smoking on Federal Lands

As you may know, marijuana of any kind is still illegal on a federal level. Essentially what this means is that any land that is owned by the federal government puts you in the feds jurisdiction where marijuana is illegal. Therefore, if you are caught possessing and/or consuming marijuana on federally owned land, you will be prosecuted by the feds.

Medical Marijuana in Kansas

The medical marijuana program in Kansas has yet to become an established legal market. There have been many attempts over the years to legalize medical cannabis, but these attempts continue to fail or not advance. A brand-new bill is currently being drafted and there is hope that it will result in legal medical cannabis. This bill will most likely be voted on in 2021 as it has been slowed by the COVID-19 pandemic. While it can be frustrating that medical marijuana is still illegal in Kansas, the good news is that it could become the next state to start a medical marijuana program.

How to Get a Medical Marijuana Card in Kansas

Since the medical marijuana program is nonexistent in Kansas, one cannot obtain a medical card. There are no applications open to begin the process and no doctors who will recommend marijuana as of now. Once the program begins, Kansas will determine its own system of registering as a medical marijuana patient. We will be sure to update this page as soon as that happens!

Out of State Medical Cards Kansas

It is unclear how Kansas will view out of state medical cards. Most states, especially those late to establish a medical marijuana program do not allow for reciprocity, but this is something that can be quite unpredictable. The current marijuana draft is unfinished and does not mention reciprocity yet, but we will have a better picture of this as time progresses.

How to Transport Marijuana in Kansas

Transporting Marijuana in Kansas

Marijuana cannot be transported to, from, or through Kansas as it is still illegal in the state. The only substance related to marijuana that one is allowed to bring in their car is CBD oil that does not contain any THC. Each state will implement their own rules and regulations when transporting marijuana, but it is still too early to tell how Kansas will address this matter.

Driving While Under the Influence of Marijuana

There is no legal limit for driving under the influence of Marijuana in Kansas. Instead, any trace of marijuana in one’s system is illegal as it is still illegal on a state level. Driving under the influence of marijuana is always a bad idea and can result in massive legal problems similar to that of a DUI. If found driving under the influence of marijuana, one’s license will be suspended, and they will have to pay massive legal fines and carry out court-mandated punishment. If you are high, don’t even think about driving and utilize Kansas’ public transportation or have a friend take you!

Driving Across State Lines with Marijuana

As you may know, the state borders are under federal jurisdiction, where weed is still illegal. Therefore, driving across state lines puts the driver and anyone in the car under federal law. If caught transporting marijuana across state lines, one will be prosecuted on a federal level which levies massive fines and possible jail time, even if weed is legal in the state you are driving to. Therefore, be smart and never attempt to cross state lines, the feds will be looking for you!

Growing Marijuana in Kansas

Growing marijuana is a serious crime in Kansas and leads to a felony, jail time, and massive fines. Since marijuana is illegal in Kansas, growing is a serious crime and will not be tolerated. Getting caught growing marijuana in Kansas will tarnish your record and land you in serious trouble.

Resources

https://www.mpp.org/states/kansas/

https://disa.com/map-of-marijuana-legality-by-state