Small marijuana possession would bring fines or service in Kansas

Knowing possession of covered marijuana amounts or equipment for personal use would be an infraction, a violation punishable without arrest. Personal-use limits would be one ounce of marijuana, five grams of resin or concentrates, and 1,000 milligrams of THC. Each limit includes that amount or less. Covered equipment would be used to consume, prepare for personal use, or store those amounts. People age 18 or older would pay $25 with no court costs or, if requested, complete up to three hours of community service instead. People under 18 would complete up to five hours of community service, a free drug awareness program lasting two to five hours, or both. Their parents or legal guardians would be notified. Possession of cannabidiol treatment preparations meeting the referenced legal definition would be exempt. Possession outside the personal-use limits would fall under criminal possession rules, which include felony penalties for certain prior convictions. If enacted, these possession rules would take effect after publication in the statute book.

A marijuana infraction could not affect driving privileges, justify denial of public aid or family-care eligibility, or support a police stop or search. These protections would cover marijuana infractions under Section 1, rather than every marijuana-related offense. An infraction could not justify denying student financial aid, public housing, or other public financial assistance. It could not disqualify someone from consideration as an adoptive parent or from a license to operate a family foster home. Police could not use it as grounds for a stop or search of a person or vehicle. Infraction records would stay out of criminal databases. Police agencies would report yearly totals to the attorney general, who would send a combined report to lawmakers. If enacted, these rules would start after publication in the statute book. Record confidentiality would expire July 1, 2030, unless lawmakers reviewed and renewed it beforehand.

Local governments could not adopt or enforce their own rules for covered marijuana possession. The restriction would cover possession within the personal-use limits and equipment used to consume, prepare for personal use, or store those amounts. Local governments could regulate marijuana use in public places. Their penalties for public marijuana use could not be harsher than their penalties for public alcohol use. If enacted, these rules would start after publication in the statute book. Prohibited local rules adopted before July 1, 2025, would be void.

Courts and the prisoner review board could not impose marijuana-use bans during supervision without a court finding of danger. These rules would cover probation, suspended sentences, community corrections, parole, and supervision after prison release. A court would have to find that marijuana use would endanger the supervised person or someone else before a use ban could be imposed. A marijuana infraction or positive marijuana drug test would not count as a supervision violation. If enacted, these supervision rules would take effect after publication in the statute book.

The state treasurer would divide marijuana-infraction fines equally between general state spending and a fund for drug education. The Kansas Department for Children and Families would manage the fund for the free drug awareness program required of some people under 18. Spending from the drug education fund would require lawmakers to approve the spending. If enacted, these funding rules would take effect after publication in the statute book.