Wyandotte County, KS Public Conduct: Public Marijuana Use (2026)
Key Facts
- Governing section
- Sec. 22-290
- First marijuana offense
- Class B violation
- Repeat marijuana offense
- Class A violation
- Max fine, Class B
- $1,000.00
- Max fine, Class A
- $2,500.00
- Other controlled substances
- Always Class A violation
- Current section enacted
- Ord. No. O-38-17, 9-14-2017
Summary
Marijuana remains fully illegal to possess, control or use anywhere in Kansas City, Kansas and unincorporated Wyandotte County. Sec. 22-290 bans manufacturing, possessing, selling or delivering marijuana except as authorized by state law, and a first conviction is a class B violation, rising to class A for anyone with a prior similar conviction.
Sec. 22-290. - Narcotics and other drugs. (a)Except as authorized by state law, it shall be unlawful for any person to manufacture, possess, have under his control, sell, prescribe, deliver, administer, dispense or compound:(1)Marijuana or marihuana, as defined in K.S.A. 65-4101.(2)All other controlled substances, as defined within K.S.A. 65-4105, K.S.A. 65-4107, K.S.A. 65-4109, K.S.A. 65-4111 and K.S.A. 65-4113.(b)A person convicted of violating section (a)(1) is guilty of a class B violation, unless that person has a prior conviction under any city ordinance, county resolution, or state statute for a substantially similar offense, then the person shall be guilty of a class A violation. A person convicted of violating section (a)(2) is guilty of a class A violation.
Full Breakdown
Sec. A. A. 65-4105, 65-4107, 65-4109, 65-4111 and 65-4113. Because the ordinance criminalizes possession and control rather than a narrower "public use" act, consuming marijuana in a park, on a sidewalk, or anywhere else in the jurisdiction is prosecuted under the same possession language: there is no separate carve-out or lesser charge for using it openly. Subsection (b) sets the penalty tiers: a first marijuana conviction under (a)(1) is a class B violation, but a person with a prior conviction under any city ordinance, county resolution, or state statute for a substantially similar offense is instead guilty of a class A violation.
Possessing other controlled substances under (a)(2) is always a class A violation, regardless of prior record. The current version of Sec. 22-290 was enacted by Ord. No. 1. A. 21-5706 as the comparable state statute and separately regulates drug paraphernalia, such as pipes and bongs, in Chapter 22's Subdivision II beginning at Sec. 22-314.
Violations & Fines
A first marijuana conviction under Sec. 22-290(a)(1) is a class B violation, carrying up to a $1,000.00 fine and up to six months in the county jail under the Code's general penalty schedule, Sec. 1-8. Anyone with a prior conviction under any city ordinance, county resolution, or state statute for a substantially similar drug offense is instead guilty of a class A violation, punishable by up to $2,500.00 and one year in jail. Possessing any other controlled substance under Sec. 22-290(a)(2) is always a class A violation.
Frequently Asked Questions
Is smoking marijuana in public legal anywhere in Wyandotte County?
What happens on a first marijuana possession charge?
Does a prior conviction make the penalty worse?
Sources & Official References
Other rules in Wyandotte County
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