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Overland Park, KS Cannabis Regulations: Home Cultivation (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Legal plant count
Zero
5 to 49 plants
Drug severity level 3 felony
First possession
Class B nonperson misdemeanor
Local prosecution
UPOC 40th Edition adopted
Medical exception
Low-THC CBD defense only

Summary

Kansas prohibits cultivating marijuana under K.S.A. 21-5705, with five to forty-nine plants reaching a drug severity level 3 felony. Overland Park adds municipal-court exposure by incorporating the League of Kansas Municipalities Uniform Public Offense Code.

There is hereby incorporated by reference for the purpose of regulating public offenses within the corporate limits of the City of Overland Park, Kansas, that certain code known as the Uniform Public Offense Code, 40th Edition, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas

Source: City of Overland Park Municipal CodeView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: latest section effective 1901-01-01).

Full Breakdown

K.S.A. 21-5705(c) makes it unlawful to cultivate any controlled substance, and marijuana is listed. Under subsection (d)(8), cultivating more than 4 but fewer than 50 plants is a drug severity level 3 felony. A smaller grow still draws prosecution, since the plants are possession under K.S.A. 21-5706: a Class B nonperson misdemeanor on a first offense, Class A with one prior, and a drug severity level 5 felony with two or more. K.S.A. 65-6235 gives an affirmative defense for a low-THC cannabidiol preparation and confers no right to grow. OPMC 11.04.025 incorporates the Uniform Public Offense Code, 40th Edition, so charges can also be filed in Overland Park Municipal Court.

Violations & Fines

Cultivation of 5 to 49 plants is a drug severity level 3 felony under K.S.A. 21-5705(d)(8); possession is a Class B nonperson misdemeanor on a first offense under K.S.A. 21-5706.

Frequently Asked Questions

Can I grow one plant for personal use?
No. K.S.A. 21-5705(c) prohibits cultivating marijuana at any quantity, and the plant material is also possession under K.S.A. 21-5706.
Does a doctor's recommendation allow growing?
No. K.S.A. 65-6235 provides an affirmative defense only for possessing a low-THC cannabidiol treatment preparation. It authorizes no cultivation.
Is this handled in city or county court?
Both are possible. Overland Park incorporates the Uniform Public Offense Code at OPMC 11.04.025, so charges can be filed in municipal court or in Johnson County District Court.

Sources & Official References

Other rules in Overland Park

Fence Regulations: Height LimitsSome RestrictionsParking Rules: Loading ZonesSome RestrictionsParking Rules: Driveway RulesSome RestrictionsFence Regulations: Fence Permit RequirementsSome RestrictionsAnimal Ordinances: Veterinary Clinic ZoningSignificant RestrictionsAnimal Ordinances: MicrochippingSome Restrictions

All Overland Park rules

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