Wichita, KS Public Conduct: Public Marijuana Use (2026)
Key Facts
- Small quantity threshold
- 32 grams or less
- Capped fine
- up to $50
- Minimum age for policy
- 21 years old
- Adopted by voters
- April 7, 2015
- Marijuana remains
- illegal under state law
Summary
Wichita police cite rather than arrest adults 21+ caught with 32 grams or less of marijuana or marijuana paraphernalia, capping the penalty at a $50 fine under a 2015 voter-approved policy.
A small quantity of marijuana means the possession of thirty (32) grams or less of marijuana as defined by this chapter;(2)Class A misdemeanor means an offense for which the statutory penalty is a fine not to exceed two thousand five hundred dollars ($2,500.00), and/or imprisonment of up to twelve (12) months in jail.(3)Conviction includes being convicted of a violation of a law of this state or of another state or an ordinance of any municipality which prohibits the acts that this section prohibits or entering into a diversion or deferred judgment agreement in lieu of further criminal proceedings in a case alleging a violation of such a law or ordinance;(d)Unless the arrest of an individual is required by state or federal law, a valid court order, or the identity of the individual cannot be determined, when any Wichita police officer suspects any individual over the age of twenty-one (21) years of age, other than those excluded herein, of possession of a small quantity of marijuana or marijuana paraphernalia, that person shall not be required to post bond, suffer arrest, be taken into custody for any purpose or detained for any reason other than the issuance of a summons, suffer incarceration, suffer loss of driver's license, or any other punishment or penalty other than the issuance of a summons and, if found guilty, a fine of up to fifty (50) dollars and all applicable court costs and laboratory fees.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 35).
Full Breakdown
Following an April 2015 ballot measure, Wichita Municipal Code Sec. 5.26.050 directs officers to issue a summons instead of arresting, jailing, or booking adults 21 and older found with a small quantity of marijuana (32 grams or less) or related paraphernalia. A conviction is capped at a $50 fine plus court costs and lab fees, unless the person has a recent felony, prior marijuana conviction, or other disqualifying arrest. Marijuana itself remains illegal under Kansas law; this is a local enforcement-priority policy, not legalization.
Violations & Fines
Up to a $50 fine plus court costs and laboratory fees for a qualifying small-quantity case; excluded individuals (recent felony or repeat marijuana convictions, concurrent felony/DUI arrest) face standard misdemeanor prosecution up to $2,500 and 12 months in jail under Sec. 5.26.040.
Frequently Asked Questions
Can Wichita police still arrest someone for marijuana?
Does this mean marijuana is legal in Wichita?
Sources & Official References
Other rules in Wichita
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