Kansas Legislature fails to improve cannabis policies

Kansas is one of only nine 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 were filed during the 2025-26 legislative session, but the legislature failed to advance any of them before it adjourned on April 10, 2026. Shortly after Kansas’ legislature adjourned, the federal government reclassified state-legal medical cannabis as a Schedule III drug, acknowledging its medical value and that it is less risky than Schedule II prescriptions like oxycodone. This action, at the direction of Pres. Trump could give new momentum to medical cannabis efforts in 2027. 

In the meantime, the midterm elections will be held on November 3, 2026. The entire state and federal House of Representatives, along with Kansas' governor’s seat and attorney general, will be on the ballot. Primaries will be held on August 4, 2026. Unfortunately, the state Senate, the main roadblock to cannabis policy reform, will not have any elections this year. However, the current President of the Senate, Ty Masterson (R) — who is one of the biggest impediments to cannabis policy reform — is running for governor. 

Decriminalization proposed 

In early March 2025, SB 295 was submitted, which would have removed criminal penalties for possession of under one ounce of cannabis flower, five grams of concentrate, and up to 1,000 milligrams of THC in products. A $25 civil infraction (or community service) would have replaced criminal charges with possible jail time if this legislation passes. This legislation was not even granted a committee hearing in 2025 or 2026. An attempt was made to add the language to another bill, but was voted down along partisan lines in 2026.

In 2025, there were 4,908 cannabis possession arrests in Kansas. A first-time offense for possession of any quantity of cannabis is a Class B criminal misdemeanor with up to six months in jail and up to a $1000 fine. 

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 that the Senate will fail to act on. In 2025-2026, medical cannabis bill SB 294 was submitted. While it would have created a very conservative medical cannabis program, it would still be a major improvement from the status quo — with no medical access or protections. 

This legislation was not granted a hearing in 2025 or 2026. Kansas continues to be an outlier with no legal medical access.

Let your legislators know you want them to pass a compassionate medical cannabis law when they come back to Topeka.

Legalization bill introduced

In 2025, HB 2405 was submitted, which would have legalized and regulated cannabis for adults 21 and over. Legislators had over a year to review this legislation in advance of the 2026 legislative session. Despite the time to review this legislation, it was not granted a hearing in 2026.

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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