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| Marijuana Laws in Kansas |
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| 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.
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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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