Is Weed Legal in Kansas? (2026)

Instrument

Schedule I listing of marijuana; possession offense and penalties; Claire and Lola's law

Source

https://www.ksrevisor.gov/statutes/chapters/ch21/021_057_0006.html

Retrieved

2026-11-07

Fingerprint

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65-4105.
Substances included in schedule I.
(a) The controlled substances listed in this section are included in schedule I and the number set forth opposite each drug or substance is the DEA controlled substances code that has been assigned to it.
(d) Any material, compound, mixture or preparation that contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:
(1)    Alpha-ethyltryptamine 7249
Some trade or other names: etryptamine; Monase; α-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; α-ET; and AET.
(2)    4-bromo-2,5-dimethoxy-amphetamine 7391
Some trade or other names: 4-bromo-2,5-dimethoxy-alpha-methylphenethylamine; 4-bromo-2,5-DMA.
(3)    2,5-dimethoxyamphetamine 7396
Some trade or other names: 2,5-dimethoxy-alpha-methyl-phenethylamine; 2,5-DMA.
(4)    4-methoxyamphetamine 7411
Some trade or other names: 4-methoxy-alpha-methylphene-thylamine; paramethoxyamphetamine; PMA.
(5)    5-methoxy-3,4-methylenedioxy-amphetamine 7401
(6)    4-methyl-2,5-dimethoxy-amphetamine 7395
Some trade or other names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; “DOM”; and “STP”.
(7)    3,4-methylenedioxy amphetamine 7400
(8)    3,4-methylenedioxymethamphetamine (MDMA) 7405
(9)    3,4-methylenedioxy-N-ethylamphetamine (also known as N-ethyl-alpha-methyl-3,4
(methylenedioxy) phenethylamine, N-ethyl MDA, MDE, and MDEA) 7404
(10)    N-hydroxy-3,4-methylenedioxyamphetamine (also known as N-hydroxy-alpha-methyl-3,4-
(methylenedioxy) phenethylamine, and N-hydroxy MDA) 7402
(11)    3,4,5-trimethoxy amphetamine 7390
(12)    Bufotenine 7433
Some trade or other names: 3-(Beta-Dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)-5-indolol;
N, N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine.
(13)    Diethyltryptamine 7434
Some trade or other names: N,N-Diethyltryptamine; DET.
(14)    Dimethyltryptamine 7435
Some trade or other names: DMT.
(15)    Ibogaine 7260
Some trade or other names: 7-Ethyl-6,6 Beta,7,8,9,10,12,13-octahydro-2-methoxy-6,9-
methano-5H-pyrido[1',2':1,2]azepino[5,4-b]indole; Tabernanthe iboga
(16)    Lysergic acid diethylamide 7315
(17)    Marijuana 7360
(18)    Mescaline 7381
(19)    Parahexyl 7374
Some trade or other names: 3-Hexyl-l-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran; Synhexyl.
(20)    Peyote 7415
Meaning all parts of the plant presently classified botanically as Lophophora williamsii Lemaire,
whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound,
manufacture, salts, derivative, mixture or preparation of such plant, its seeds or extracts.
(21)    N-ethyl-3-piperidyl benzilate 7482
(22)    N-methyl-3-piperidyl benzilate 7484
(23)    Psilocybin 7437
(24)    Psilocyn 7438
Some trade or other names: Psilocin.
(25)    Ethylamine analog of phencyclidine 7455
Some trade or other names: N-ethyl-1-phenyl-cyclo-hexylamine; (1-phenylcyclohexyl)
ethylamine; N-(1-phenylcyclohexyl)ethylamine; cyclohexamine; PCE.
(26)    Pyrrolidine analog of phencyclidine 7458
Some trade or other names: 1-(1-phenylcyclohexyl)-pyrrolidine; PCPy; PHP.
(27)    Thiophene analog of phencyclidine 7470
Some trade or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine; 2-thienyl analog of phencyclidine; TPCP; TCP.
(28)    1-[1-(2-thienyl)-cyclohexyl] pyrrolidine 7473
Some other names: TCPy.
(29)    2,5-dimethoxy-4-ethylamphetamine 7399
Some trade or other names: DOET.
(30)    Salvia divinorum or salvinorum A; all parts of the plant presently classified botanically as salvia divinorum,
whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture,
salts, derivative, mixture or preparation of such plant, its seeds or extracts.
(31     Datura stramonium, commonly known as gypsum weed or jimson weed; all parts of the plant presently classified botanically
as datura stramonium, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound,
manufacture, salts, derivative, mixture or preparation of such plant, its seeds or extracts.
(32)    1-(3-[trifluoromethylphenyl])piperazine
Some trade or other names: TFMPP.
(33)    4-Bromo-2,5-dimethoxyphenethylamine 7392
(34)    2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), its optical isomers, salts and salts of optical isomers 7348
(35)    Alpha-methyltryptamine (other name: AMT) 7432
(36)    5-methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT), its isomers, salts and salts of isomers 7439
(37)    2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E) 7509
(38)    2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D) 7508
(39)    2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C) 7519
(40     2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I) 7518
(41)    2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2) 7385
(42)    2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4) 7532
(43)    2-(2,5-Dimethoxyphenyl)ethanamine (2C-H) 7517
(44)    2-(2,5-Dimethoxy-4-nitrophenyl)ethanamine (2C-N) 7521
(45)    2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P) 7524
(46)    5–methoxy–N,N–dimethyltryptamine (5–MeO–DMT) 7431
Some trade or other names: 5–methoxy–3–[2–(dimethylamino) ethyl]indole.
(47)    2–(4–iodo–2,5–dimethoxyphenyl)–N–(2–methoxybenzyl)ethanamine 7538
Some trade or other names: 25I–NBOMe; 2C–I–NBOMe; 25I; Cimbi–5.
(48)    2–(4–chloro–2,5–dimethoxyphenyl)–N–(2–methoxybenzyl)ethanamine 7537
Some trade or other names: 25C–NBOMe; 2C–C–NBOMe; 25C; Cimbi–82.
(49)    2–(4–bromo–2,5–dimethoxyphenyl)–N–(2–methoxybenzyl)ethanamine 7536
Some trade or other names: 25B–NBOMe; 2C–B–NBOMe; 25B; Cimbi–36.
(50)    2-(2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine
Some trade or other names: 25H-NBOMe.
(51)    2-(2,5-dimethoxy-4-methylphenyl)-N-(2-methoxybenzyl)ethanamine
Some trade or other names: 25D-NBOMe; 2C-D-NBOMe.
(52)    2-(2,5-dimethoxy-4-nitrophenyl)-N-(2-methoxybenzyl)ethanamine
Some trade or other names: 25N-NBOMe, 2C-N-NBOMe.
(53)    1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1 H-pyrrolo[2,3-b]pyridine-3-carboxamide (5F-CUMYL-P7AICA) 7085
(54)    2-(ethylamino)-2-(3-methoxyphenyl)cyclohexan-1-one (other names: methoxetamine, MXE) 7286
(55)    1-(4-methoxyphenyl)-N-methylpropan-2-amine (other names: para-methoxymethamphetamine, PMMA) 1245

21-5706.
Unlawful possession of controlled substances.
(a) It shall be unlawful for any person to possess any opiates, opium or narcotic drugs, or any stimulant designated in K.S.A. 65-4107(d)(1), (d)(3) or (f)(1), and amendments thereto, or a controlled substance analog thereof.
(b) It shall be unlawful for any person to possess any of the following controlled substances or controlled substance analogs thereof:
(1) Any depressant designated in K.S.A. 65-4105(e), 65-4107(e), 65-4109(b) or (c) or 65-4111(b), and amendments thereto;
(2) any stimulant designated in K.S.A. 65-4105(f), 65-4107(d)(2), (d)(4), (d)(5) or (f)(2) or 65-4109(e), and amendments thereto;
(3) any hallucinogenic drug designated in K.S.A. 65-4105(d), 65-4107(g) or 65-4109(g), and amendments thereto;
(4) any substance designated in K.S.A. 65-4105(g) and 65-4111(c), (d), (e), (f) or (g), and amendments thereto;
(5) any anabolic steroids as defined in K.S.A. 65-4109(f), and amendments thereto;
(6) any substance designated in K.S.A. 65-4113, and amendments thereto; or
(7) any substance designated in K.S.A. 65-4105(h), and amendments thereto.
(c) (1) Violation of subsection (a) is a drug severity level 5 felony.
(2) Except as provided in subsection (c)(3):
(A) Violation of subsection (b) is a class A nonperson misdemeanor, except as provided in subparagraph (B); and
(B) violation of subsection (b)(1) through (b)(5) or (b)(7) is a drug severity level 5 felony if that person has a prior conviction under such subsection, under K.S.A. 65-4162, prior to its repeal, under a substantially similar offense from another jurisdiction, or under any city ordinance or county resolution for a substantially similar offense if the substance involved was 3, 4-methylenedioxymethamphetamine (MDMA), marijuana as designated in K.S.A. 65-4105(d), and amendments thereto, or any substance designated in K.S.A. 65-4105(h), and amendments thereto, or an analog thereof.
(3) If the substance involved is marijuana, as designated in K.S.A. 65-4105(d), and amendments thereto, or tetrahydrocannabinols, as designated in K.S.A. 65-4105(h), and amendments thereto, violation of subsection (b) is a:
(A) Class B nonperson misdemeanor, except as provided in subparagraphs (B) and (C);
(B) class A nonperson misdemeanor if that person has a prior conviction under such subsection, under K.S.A. 65-4162, prior to its repeal, under a substantially similar offense from another jurisdiction, or under any city ordinance or county resolution for a substantially similar offense; and
(C) drug severity level 5 felony if that person has two or more prior convictions under such subsection, under K.S.A. 65-4162, prior to its repeal, under a substantially similar offense from another jurisdiction, or under any city ordinance or county resolution for a substantially similar offense.
(d) It shall be an affirmative defense to prosecution under this section arising out of a person’s possession of any cannabidiol treatment preparation if the person:
(1) Has a debilitating medical condition, as defined in K.S.A. 2025 Supp. 65-6235, and amendments thereto, or is the parent or guardian of a minor child who has such debilitating medical condition;
(2) is possessing a cannabidiol treatment preparation, as defined in K.S.A. 2025 Supp. 65-6235, and amendments thereto, that is being used to treat such debilitating medical condition; and
(3) has possession of a letter, at all times while the person has possession of the cannabidiol treatment preparation, that:
(A) Shall be shown to a law enforcement officer on such officer's request;
(B) is dated within the preceding 15 months and signed by the physician licensed to practice medicine and surgery in Kansas who diagnosed the debilitating medical condition;
(C) is on such physician's letterhead; and
(D) identifies the person or the person’s minor child as such physician's patient and identifies the patient's debilitating medical condition.
(e) It shall not be a defense to charges arising under this section that the defendant was acting in an agency relationship on behalf of any other party in a transaction involving a controlled substance or controlled substance analog.
History:
L. 2009, ch. 32, § 6; L. 2010, ch. 74, § 3; L. 2011, ch. 83, § 2; L. 2012, ch. 150, § 10; L. 2016, ch. 90, § 1; L. 2018, ch. 112, § 6; L. 2019, ch. 67, § 2; July 1.

65-6235.
Use of cannabidiol treatment preparation with tetrahydrocannabinol.
(a) This section shall be known and may be cited as Claire and Lola's law.
(b) As used in this section and K.S.A. 21-5706, and amendments thereto:
(1) “Cannabidiol treatment preparation” means an oil containing cannabidiol (other trade name: 2-[(3-methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol)) and tetrahydrocannabinol, as described in K.S.A. 65-4105, and amendments thereto, and having a tetrahydrocannabinol concentration of no more than 5% relative to the cannabidiol concentration in the preparation, verified through testing by a third-party, independent laboratory.
(2) “Debilitating medical condition” means a medically diagnosed chronic disease or medical condition causing a serious impairment of strength or ability to function, including one that produces seizures, for which the patient is under current and active treatment by a physician licensed to practice medicine and surgery in Kansas.
(3) “Tetrahydrocannabinol concentration” means the combined percentage of tetrahydrocannabinol and its optical isomers, their salts and acids and salts of their acids, reported as free tetrahydrocannabinol on a percent by weight basis.
(4) "Third-party, independent laboratory" means an organization:
(A) That is accredited to ISO/IEC 17025 of the international organization for standardization and the international electrotechnical commission by an accreditation body that is a signatory of a multilateral recognition arrangement with the international accreditation forum, international laboratory accreditation cooperation or other similar body;
(B) whose scope of accreditation includes testing for cannabinoid potency; and
(C) that is not affiliated with the producer of the item being tested.
(c) No agency of this state or political subdivision thereof shall initiate proceedings to remove a child from the home of the child's parent or guardian or initiate any child protection action or proceeding based solely upon the parent’s or the child's possession or use of cannabidiol treatment preparation in accordance with the provisions of K.S.A. 21-5706(d), and amendments thereto.
(d) Nothing in this section shall be construed to require the Kansas medical assistance program or any individual or group health insurance policy, medical service plan, contract, hospital service corporation contract, hospital and medical corporation contract, fraternal benefit society or health maintenance organization that provides coverage for accident and health services and that is delivered, issued for delivery, amended or renewed on or after July 1, 2019, to provide payment or reimbursement for any cannabidiol treatment preparation.
(e) Nothing in this section shall be construed to allow the possession, sale, production, redistribution or use of any other form of cannabis.
History:
L. 2019, ch. 67, § 1; July 1.