Kansas Statewide Rule
Kansas Marijuana Home Cultivation Remains Illegal Statewide
Key Facts
- Cultivation statute
- K.S.A. 21-5705
- Possession statute
- K.S.A. 21-5706
- Schedule
- Schedule I
- Local override
- Not permitted
Summary
Kansas prohibits all marijuana cultivation, including home growing, under K.S.A. 21-5705 and 21-5706, with no recreational or medical exception; cities cannot authorize personal cultivation and must follow uniform statewide criminal prohibitions.
(b) It shall be unlawful for any person to distribute or possess with the intent to distribute a controlled substance or a controlled substance analog designated in K.S.A. 65-4113, and amendments thereto. (c) It shall be unlawful for any person to cultivate any controlled substance or controlled substance analog listed in subsection (a).
Full Breakdown
Kansas law treats marijuana as a Schedule I controlled substance under K.S.A. 65-4105. Cultivation of any number of plants is a felony under K.S.A. 21-5705, classified by quantity, and possession of cannabis constitutes a misdemeanor or felony under K.S.A. 21-5706. There is no medical or recreational program, and limited CBD allowances under Claire and Lola's Law do not authorize cultivation. The Kansas Controlled Substances Act preempts local efforts to legalize personal grow operations; cities and counties cannot decriminalize cultivation through ordinance.
Violations & Penalties
Cultivating marijuana exposes residents to felony charges, prison sentences ranging up to severity level 3 drug felonies, asset forfeiture, and mandatory drug treatment evaluations.
Frequently Asked Questions
Can I legally grow marijuana at home in Kansas?
Does Kansas allow medical marijuana cultivation?
Sources
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