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Kansas

1. Overview of Cannabis and Hemp Laws

Cannabis:

  • Recreational Use: Recreational cannabis is fully prohibited in Kansas.
  • Medical Use: Kansas has no medical cannabis program, but low-THC cannabidiol (CBD) is allowed under limited conditions, provided it contains 0% THC​.

Hemp Intoxicants and Synthetic THC:
Kansas prohibits synthetic THC products, including delta-8 THC, enforcing strict prohibitions on any intoxicating cannabinoids​.

2. Historical Context

  • 1937: The federal Marihuana Tax Act initiated local prohibitions on cannabis in Kansas.
  • 2018: Kansas legalized low-THC CBD oil, requiring products to contain 0% THC.
  • 2021: Efforts to pass a medical cannabis bill in Kansas were unsuccessful, as the bill did not reach a vote​.

3. Recreational Cannabis Laws

  • Possession Limits: Possession of any amount of cannabis is illegal, with penalties increasing for repeat offenses.
  • Cultivation: Cultivation of cannabis is not permitted under Kansas law.
  • Public Use: Cannabis use is prohibited in any form, and penalties apply for all violations.
  • Sale and Retail: Kansas law does not allow for the sale or distribution of cannabis​.

4. Medical Cannabis Laws

  • Patient Eligibility: Kansas does not have a medical cannabis program or any qualifying medical conditions for cannabis use.
  • Product Access: Only CBD products containing 0% THC are legally accessible under specific conditions.
  • Program Details: Kansas does not offer a medical cannabis framework, and CBD use is permitted only if the product contains no THC​.

5. Hemp-Derived Intoxicants

  • Regulatory Status: Kansas prohibits synthetic THC products, such as delta-8 THC, and does not permit intoxicating hemp derivatives.
  • Testing and Labeling Requirements: No state testing or labeling requirements are applicable due to the prohibition on synthetic intoxicants.
  • Age and Retail Restrictions: Retail and age restrictions are not applicable, as products with intoxicating cannabinoids are banned​.

6. Criminal Penalties for Cannabis Offenses

  • Possession: Simple possession is classified as a misdemeanor; repeat offenses may be treated as felonies, carrying increased penalties.
  • Sale and Distribution: Selling any amount of cannabis is a felony, with stricter penalties for sales involving minors or occurring near schools.
  • Trafficking and Cultivation: Kansas imposes severe penalties for trafficking, with cultivation treated as either possession or distribution depending on the context and quantity​.

7. Social Equity Programs

  • Eligibility Criteria: Kansas does not offer any social equity programs related to cannabis or hemp.
  • Licensing Benefits: There are no preferential licensing options or benefits for communities impacted by past cannabis laws.
  • Additional Support: Kansas does not provide equity-focused programs or resources for cannabis-related business development​.

8. Business Types and Operations

  • Licensing Types: Kansas does not issue licenses for cannabis cultivation, processing, or retail. Only industrial hemp licenses are available, and these are limited to non-intoxicating products.
  • Regulatory Requirements: Industrial hemp production in Kansas is regulated for non-intoxicating purposes, with stringent compliance standards, including THC testing to confirm non-intoxicating status​.
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