Marijuana
K.S.A. 21-5706 — possession a class B misdemeanor the first time, class A the second, a felony the third
| Possession of marijuana or THC | Grade |
|---|---|
| Possession of marijuana or THCNo prior conviction | GradeClass B nonperson misdemeanor |
| Possession of marijuana or THCOne prior conviction | GradeClass A nonperson misdemeanor |
| Possession of marijuana or THCTwo or more prior convictions | GradeDrug severity level 5 felony |
Who handles this in Kansas: Johnson County Bar Association, Find a Lawyer; and legal aid programs and the state offices, listed in the Kansas directory.
A CBD treatment letter. It is a defense to possessing a cannabidiol treatment preparation for a debilitating medical condition, the person's own or their minor child's, with a letter at all times from the Kansas physician who diagnosed it, on letterhead and dated within the preceding 15 months, shown to an officer on request.
Using paraphernalia to grow marijuana is a drug severity level 5 felony, but a class B nonperson misdemeanor when it was used for fewer than five plants.
Sources for this section (2)
- K.S.A. 21-5706 — Unlawful possession of controlled substances
- K.S.A. 21-5709 — Unlawful possession of certain drug precursors and drug paraphernalia
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Kansas attorney.