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120-60-02


Marijuana Laws in Kansas
POSSESSION
Any amount (first offense) misdemeanor 1 year $2,500
Any amount (subsequent offense) misdemeanor or felony 10 - 42 months $100,000
CULTIVATION
Five or more plants felony 138 - 204 months variable
SALE
Any amount felony 14 - 51 months $300,000
Within 1,000 feet of school felony 46 - 83 months $300,000
MISCELLANEOUS
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
DETAILS

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 .




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