|Marijuana Laws in Kansas|
|Any amount (first offense)||misdemeanor||1 year||$2,500|
|Any amount (subsequent offense)||misdemeanor or felony||10 – 42 months||$100,000|
|Five or more plants||felony||138 – 204 months||variable|
|Any amount||felony||14 – 51 months||$300,000|
|Within 1,000 feet of school||felony||46 – 83 months||$300,000|
|Paraphernalia possession for personal use||misdemeanor||1 year||$2,500|
|Paraphernalia possession for cultivation of more than 5 plants||misdemeanor or felony||10 – 42 months||$100,000|
Possession of any amount of marijuana for personal use is punishable by up to one year in jail and a fine of up to $2,500. For a second conviction the penalty increases to 10 – 42 months in jail and a fine of up to $100,000.
Possession with intent to sell or actual sale is punishable by 14 -51 months in jail and a fine of up to $300,000. Probation is possible for sentences of less than 32 months. Sale or possession with intent within 1,000 feet of a school is punishable by 46 – 83 months in prison and a fine of up to $300,000.
Manufacture of a controlled substance is punishable by 138 – 204 months in prison.
Possession of paraphernalia for personal us is punishable by up to one year in jail and a fine of up to $2,500. Possession of paraphernalia that would be used for planting or growing more than five marijuana plants is punishable by 10 – 42 months in jail and a fine of up to $100,000.
Conditional release: The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.
Marijuana tax stamps: This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML’s report Marijuana Tax Stamp Laws And Penalties .