Is Weed Legal in Kansas? KS Cannabis Laws (June 2023)

Illustration of Kansas Cosmosphere and Space Center
Written by Nina Julia | Last updated: June 2, 2023

Kansas is one of the most restrictive states when it comes to marijuana prohibition.

Only CBD with 0% THC is legal in the state. Kansas laws, however, ban the recreational use of marijuana, imposing severe punishment for possession of even small amounts of weed.

Even paraphernalia like bongs and pipes are prohibited in Kansas.

Only medical marijuana patients with debilitating medical conditions can apply for CBD oil with less than 5% THC.

Does it mean there’s no legal alternative to marijuana in Kansas?

Hemp-derived delta 8 THC appears as the light in the tunnel.

Read on to learn more about Kansas marijuana laws.

Is Weed Legal in Kansas?

No, marijuana is illegal in Kansas for any purpose.

Only hemp-derived products with less than 0.3% THC are allowed. Kansas law doesn’t place any limits on where you can consume CBD but it may not be smoked or vaporized in flower form.

If you’re a medical marijuana patient, you can possess CBD oil with less than 5% THC, provided that you have a recommendation letter from your physician.

Related: State-by-State Marijuana Laws

Here’s a breakdown of marijuana laws in Kansas.

Is Recreational Marijuana Legal in Kansas?

You can’t possess any amount of marijuana for personal use in Kansas. Kansas first banned marijuana in 1927, similar to the other states west of the Mississippi River. Since then, Kansas barely changed its cannabis regulations.

Is Medical Marijuana Legal in Kansas?

If you suffer from a debilitating medical condition, you can ask your doctor to recommend low-THC cannabis oil as a treatment. Such products are allowed to have up to 5% THC.

However, since there’s no official medical marijuana program in place, the state law provides “affirmative defense” for patients and parents or guardians of patients who possess their medicine. An affirmative defense is usually used during a trial, meaning people can still be arrested, charged, and held in custody while waiting for the trial.

Penalties for Marijuana Possession in Kansas

Possession of even small amounts of marijuana is classified as a Class B misdemeanor punishable by up to six months in jail and a $1,000 fine for first-time offenders.

A second offense is a class A misdemeanor. If you’re caught with more than 450 grams of marijuana, you can be charged with a $100,000 fine, and your jail time will range from 10 months of probation to 42 months in prison.

Is Marijuana Decriminalized in Kansas?

No. So far, no county in Kansas has decided to lift penalties for marijuana possession. Even a small amount of weed can get you into trouble with the law.

What’s the Future of Cannabis Legalization in Kansas?

70% of people in Kansas support cannabis legalization. One legislation is pending to establish an adult-use marijuana market; however, this isn’t a top priority bill for lawmakers.

Delta 8 THC: A Better and Legal Alternative to Marijuana in Kansas

Hemp oil and leaves in a lab

With marijuana being illegal and heavily criminalized in Kansas, it’s no wonder cannabis users are looking for a legal alternative to enjoy the therapeutic benefits of psychoactive cannabinoids.

Until recently, people in states where marijuana is illegal needed to rely on hemp-derived CBD. However, since CBD is non-intoxicating, it doesn’t offer the same health benefits as the high from marijuana.

Recent breakthroughs in extraction methods created a workaround for that problem. Since hemp manufacturers learned how to extract delta 8 THC from hemp, the new cannabinoid has become mainstream at the speed of light.

Hemp-derived delta 8 THC products contain no more than 0.3% delta 9 THC, which makes them legal in light of federal law.

Delta 8 THC vs. Delta 9 THC

THC has different isomers. Delta 9 THC is the most common type — it’s the primary psychoactive compound in marijuana.

Delta 8 is a milder analog of delta 9 THC. Cannabis plants synthesize only up to 1% of delta 8 THC naturally, so manufacturers need to convert CBD into delta 8 if they want to extract usable quantities.

Both compounds are built similarly, but there’s a slight difference in the arrangement of their atomic bonds.

Delta 8 THC has a double bond on the 8th carbon chain, while delta 9 THC comes with that bond on the 9th chain. This subtle variation makes delta 8 THC about half as potent as delta 9.

Cons of Delta 9 THC from Marijuana

Not all cannabis users respond well to the psychoactive effects of delta 9 THC from marijuana, especially in high doses.

Low and moderate amounts of delta 9 THC are relaxing, soothing, and motivating, and can improve your cognitive function.

Larger doses are known for their intoxicating effects. If you cross your tolerance levels, you’ll get high and experience euphoria, laughter, an altered perception of time, and a boost of appetite.

However, sensitive users may suffer from mental discomfort and feelings of unease when they take too much delta-9.

The side effects of delta 9 THC include:

  • Anxiety
  • Paranoia
  • Sedation
  • Dizziness
  • Increased heart rate
  • Sweating
  • Confusion
  • Problems with coordination
  • Short-term memory impairment

Effects and Benefits of Delta 8 THC

Delta 8 THC offers a similar cognitive buzz as delta 9 THC, but the lower potency means it’s less likely to drive you anxious or paranoid.

People use delta 8 THC for the following benefits:

  • Anti-nausea
  • Anti-inflammatory
  • Pain relief
  • Increased appetite
  • Feelings of calmness and relaxation
  • Neuroprotection

Is Delta 8 THC Legal in Kansas?

Delta 8 THC is legal in Kansas — although not without controversies.

When manufacturers found out they can extract delta 8 THC from hemp, the law became less clear. According to federal regulations, hemp-derived delta 8 products are legal as long as they contain 0.3% or less delta 9 THC.

14 states have banned delta 8 products, but Kansas rules follow the provisions of the Farm Bill. You can legally buy delta 8 THC locally and online.

However, on December 2nd, 2021, Kansas State Attorney General Schmidt released a statement in which he underlined delta 8 THC products must be sourced from hemp and their delta 9 content must be kept below the federal limit.

Benefits of Buying Delta 8 THC Online

The delta 8 THC space is booming and unregulated. There’s no official supervision over the quality and purity standards on the market, resulting in a lot of poor products being churned out on the local delta 8 scene.

You need to do your due diligence before trusting anyone with your money. Delta 8 THC products should be thoroughly tested by a third-party laboratory for potency and contaminants.

You can easily check this online by asking your vendor about up-to-date certificates of analysis (CoAs) from those laboratories.

Online retailers also offer lower prices on the same products because they don’t need to deal with the middleman. You can take advantage of coupon codes, reward programs, subscription orders, and other ways to save money on high-quality delta 8.

Not to mention that nothing can beat the convenience of browsing through hundreds of formulas in your pajamas in the comfort of your home — unrestrained by time.

Best Online Delta 8 THC Vendors

Due to the lack of regulations on the market, there’s a large discrepancy between the quality of different delta 8 THC products.

The best extracts come from companies sourcing their material from organic hemp and testing the product at different production stages to ensure consistent potency throughout the batches and maximum purity.

If you don’t have time to comb through the internet searching for a decent brand, we’ve done the digging for you.

After trying out over 30 delta 8 THC brands, we’ve narrowed down our choices to 10 names and picked out the top two companies that offer the best value for money.

1. Area 52

image of Area 52 Delta8 Products

Get 15% off all Area 52 products. Use code “CFAH” at checkout.

Area 52 specializes in cannabinoid-based extractions with a focus on delta 8 THC distillate. The company started out selling a humble selection of basic formats, such as tinctures, vapes, and gummies. Since then, Area 52 became a true cannabinoid powerhouse and extended its collection with real full-spectrum CBD extracts suited for specific health goals.

As far as delta 8 goes, you can choose from tinctures, vape cartridges, edibles, and pre-rolled joints infused with terpenes from classic cannabis strains.

All Area 52 products come from organic hemp grown in Colorado and Kentucky. They’re gently extracted by highly-qualified lab workers without the use of harsh acids or gases. Every batch comes with a certificate of analysis, listing the potency of delta 8 THC, the delta 9 levels, and a complete analysis of contaminants.

2. Finest Labs

image of Finest Labs Delta 8 THC Products

Finest Labs is a relatively new name that has quickly made it to the top of the ladder of the best U.S. delta 8 THC vendors. The company’s no-bs approach is reflected in its manufacturing and testing practices, not to mention simple and to-the-point packaging.

Finest Labs uses environmentally sustainable extraction methods to reduce its impact on the environment while maintaining the same high quality of its delta 8 THC distillates.

Similar to Area 52, Finest Labs offers a selection of traditional forms of delta 8 THC, such as gummies, vape pens, tinctures, and pre-rolled joints. It’s also one of the most respected manufacturers of botanical terpenes, offering single molecules and special blends that recreate the experience of well-known cannabis strains.


Who Can Use Medical Marijuana in Kansas?

Kansas law doesn’t specify which conditions are eligible for medical marijuana treatment but stipulate a medically designed disease that compromises strength or function, such as seizures.

Can You Grow Marijuana in Kansas?

No, growing marijuana in Kansas remains illegal. You will be charged for possession if the police find cannabis plants in your house. The number of plants and the amount of prepared cannabis will determine the weight of charges because the cops may want to bring you to court for possession with an intent to sell.

Can You Buy Weed Online in Kansas?

We’ve got bad news if you want to buy marijuana online in Kansas. No online dispensaries are operating in the state.

While you may come across various social media profiles advertising to sell or ‘give away’ weed, these are either scams or dealers looking for a quick buck.

Buying marijuana from the black market may not only get you into trouble with the law, but you don’t know what you’re smoking because black market weed isn’t tested for toxins.

Over 90% of seized marijuana plants from illegal farms in California contained pesticides and heavy metals in concentrations dangerous for humans.

Can You Smoke Marijuana in Public?

No, smoking marijuana in public is illegal in Kansas. When you’re caught smoking weed outdoors, you’ll be charged with marijuana possession.

Traveling with Marijuana in Kansas

Traveling with marijuana is also prohibited because Kansas law aligns with the federal regulations surrounding cannabis.

What’s more, if you try to take marijuana across the state border, it will be treated as drug trafficking — a serious federal felony. Being caught with less than 50 kilograms of marijuana or fewer than 50 plants can land you in jail for 5 years on top of $250,000 in fines.

Is CBD Oil from Hemp Legal in Kansas?

CBD Oil surrounded by hemp

Yes, CBD oil is legal in Kansas as long as it contains no more than 0.3% delta 9 THC.

The 2018 Farm Bill legalized hemp and its derivatives, including cannabinoids, terpenes, flavonoids, isomers, and salts.

Hemp is an agricultural commodity that can be grown for any purpose, including food, clothing, ropes, construction materials, biofuel, and health supplements such as CBD extracts.

You don’t need a prescription to buy CBD oil in Kansas. Hemp-derived CBD products are widely available in convenience stores, specialty hemp shops, wellness centers, fitness studios, and even at gas stations.

However, since there are no regulations regarding the purity control of hemp-derived CBD, it’s best to run thorough research on several online shops and pick the one that suits your goals and quality standards.

Read more: Where is CBD Legal in The U.S.?

Key Takeaways on Marijuana Legal Status in Kansas

If you’re a marijuana user, Kansas is probably at the very bottom of your list of states to visit.

Marijuana in Kansas is illegal for any use. Even though qualifying patients can use low-THC cannabis oil for selected conditions, they can still be arrested for possession until they can prove it’s their medicine in court.

So far, the only legal way to enjoy psychoactive cannabinoids in Kansas is through hemp-derived delta 8 THC.

Delta 8 THC is federally legal, so even if there are no quality stores nearby, you can find a reputable online store and find the best products for your needs.

Let’s keep our fingers crossed for Kansas so that its residents and tourists can have access to all forms of cannabis, without the fear of getting incarcerated for a… plant.

Nina created following the birth of her second child. She was a science and math teacher for 6 years prior to becoming a parent — teaching in schools in White Plains, New York and later in Paterson, New Jersey.