Legislature has the opportunity to act on cannabis policy reform

Kansas is one of only 11 states that lacks a comprehensive medical cannabis law and one of only 19 states that still punishes simple possession of cannabis with jail time. Several pieces of cannabis legislation have been filed. While the 2025 session is scheduled to adjourn on March 28, the legislature has a two-year legislative session and bills will pick up where they left off in 2026.

Decriminalization proposed 

In early March 2025, SB295 was submitted, which would remove criminal penalties for possession of under one ounce of cannabis flower, five grams of concentrate, and up to 1000 milligrams of edibles/topicals. A $25 civil infraction (or community service) would replace criminal charges with possible jail time if this legislation passes. In 2023, there were over 4,600 cannabis possession arrests in Kansas, a very slight decrease from the previous two years.

Ask your legislators to stop jailing cannabis consumers!

Comprehensive medical cannabis bill filed  

The Kansas House of Representatives passed medical cannabis legislation in 2022 and then again, in a new legislative cycle, in 2023. The state Senate failed to advance those bills out of committee during both sessions. The House of Representatives has made it clear that the Senate needs to initiate medical cannabis legislation, rather than continue to pass legislation the Senate will fail to act on. This year, SB 294 was submitted. While it would create a very conservative medical cannabis bill, it would still be a major improvement from the status quo — with no medical access or protections. 

Let your senator and state rep know that you support a compassionate medical cannabis program for Kansans!

Until the legislature enacts medical cannabis legislation, Kansas patients will continue to have to turn to the illicit market and risk the associated dangers, from both law enforcement and unregulated products.

Legalization bill introduced

This year, HB 2405 was submitted, which would legalize and regulate cannabis for adults 21 and over. It is doubtful this legislation will receive a committee hearing this session. The advantage to being submitted now is that it allows citizens and legislators to review this legislation in advance of the 2026 legislative session.    

Ask your legislators to end cannabis prohibition!

Gov. Kelly signs affirmative defense bill for low-THC CBD oils

During Kansas’ 2019 legislative session, the state took a small step forward to provide some very limited protections for certain types of low-THC medical cannabis.

The legislature passed and Gov. Laura Kelly (D) signed SB 28, “Claire and Lola’s Law,” into law. The law provides an affirmative defense for possession of CBD-rich oils with up to 5% THC. Affirmative defenses prevent convictions, but they don’t necessarily prevent a person from being arrested and hauled into court. SB 28 also bars the state Department of Children and Families from removing a child over CBD oil use. However, SB 28 does not allow for the legal sale or production of cannabis oils.

ACLU study shows racially disparate enforcement

An ACLU report found that in 2018 Black individuals were 4.8 times more likely to be arrested for cannabis possession than white people in Kansas, despite the fact that both races consume cannabis at about the same rate. In fact, Kansas ranks 12th in the nation for the largest racial disparities in cannabis possession arrests.

You can let your legislators know you support decriminalization or ending prohibition completely.

While legalization does not eliminate disparities, it dramatically reduces the total number of cannabis arrests — and thus the damage done by unequal enforcement. Decriminalization is a more modest step, typically involving a civil fine instead of possible jail time. It stops incarcerating and arresting individuals for simple possession, but does not eliminate penalties or police interactions. Encouragingly, five of the seven states with the lowest disparities had previously enacted legalization laws.

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