As of Feb. 3, 2026, more than half of the country (25 states and D.C.) has legalized marijuana for both recreational and medical consumption. An additional 21 states permit medical cannabis (six allow only CBD though), and one state has decriminalized marijuana despite not having legalized it even medicinally. Only four states won’t budge on the issue: Idaho, Kansas, South Carolina and Wyoming.
In those states, cannabis is fully illegal in every form and criminalized. What makes these states so different? And does marijuana have any future in any of them? Learn about it in our four-part series “States That Refuse to Legalize or Decriminalize Marijuana.”
In Part 2, we explore what’s going on in Kansas.
The Kansas State Flag /Photo credit:Hstoops, CC0, via Wikimedia Commons
Legal Environment
Kansas has a staunch 0% THC policy, making it stricter than even the U.S. government, whose laws permit up to 0.3% THC in cannabis-derived products, such as cannabidiol (CBD). (For legal purposes, the government calls it “hemp” instead of “marijuana,” but even the government acknowledges that hemp is just cannabis by another name.) The only wiggle room is for people with state-recognized debilitating medical conditions who are caught with CBD that has no more than 5% THC. Per Senate Bill 28, they’re granted “affirmative defense” (i.e., allowed to contest the charge in court) if they can round up all the requisite articles of self-defense.
For additional perspective, here’s a telling turn of events. Even when Kansas’ cannabis laws were relaxed by Senate Bill 414 in 2024, they still resulted in sending first-time offenders to prison for up to six months and fining them up to $1,000. Worse, however, per House Bill 2547, if your offense is the possession of paraphernalia, you get up to a year in prison and a fine of up to $2,500. In other words, if you get caught simply owning a bong, you could spend a full year of your life behind bars. And once you get out of prison, given that your record will almost certainly not be expunged, you’ll have a very hard time ever getting a job and a place to live again, too.
A 2020 research report by the American Civil Liberties Union (ACLU) found that arrests in Kansas for the possession of marijuana made up 52% of all drug arrests in the state. Photo by Kindel Media / pexels.com
Public Opinion
At the grassroots level, most Kansans favor legalizing marijuana in part or in whole. The 2025 edition of the statewide public opinion survey “Kansas Speaks” asked respondents how much they supported or opposed legalizing medical marijuana (Question 27) or recreational marijuana (Question 28). The survey found:
- Medical: 70.4% of respondents strongly or somewhat support legalizing medical marijuana in general, and 14.2% opposed.
- Recreational: 58.8% of respondents strongly or somewhat support legalizing recreational marijuana in general, and 24.5% opposed.
Interestingly, when asked for their opinion about legalizing recreational marijuana with the phrase “in general” substituted with “to allow taxation” (Question 25), even more Kansans were on board: 64.8% of respondents supported legalizing recreational marijuana for individuals 21 and older to allow state taxation, and 19.2% opposed.
Accordingly, you’d think that the state’s legislators would be equally moved to take a chance on weed simply for the sake of raking in cash, no? And yet they aren’t (unless you count the state’s absurd marijuana tax stamp), or at least the Republicans aren’t anyhow. With their supermajority, their opinion is the only one that actually matters, so they basically dictate marijuana’s fate. Only 23 of the 125 house representatives are Democrats, and only nine of the 40 senators are Democrats. The Democrats in Kansas’ house and senate are the ones pushing for reform, against those odds. They’ve been pursuing that objective for over 10 years now, with very little to show for it.
Kansas isn’t the only state that taxes you on something you’re not even allowed to have in the first place, as we cover in “Mandatory Tax on Street Weed! To Pay (or Not to Pay)?”.
And it’s not just the state legislature that’s at odds with Kansans’ public opinion on marijuana; the state’s law enforcement agencies are too. The Kansas Bureau of Investigation and Kansas Office of the Attorney General are among the loudest voices raised against legalizing any kind of marijuana.
Of note, Kansan traffic cops are notorious for using marijuana as a pretext for conducting unconstitutional searches – a practice so common it has a cute nickname: the Kansas Two-Step. The ACLU describes it:
“The Kansas Two-Step is a tactic employed by troopers of the Kansas Highway Patrol to complete a traffic stop, then re-engage the driver in conversation in an effort to begin a consensual interaction for additional questioning. The objective of the questioning is to develop reasonable suspicion in order to extend the detention of the driver, search the car, or call a drug dog to sniff the car for contraband.”
So, even though 7 in 10 Kansans want medical marijuana and roughly 3 in 5 want recreational marijuana, that amounts to nothing. The state’s governor, house, senate and most powerful law enforcement agencies want marijuana to stay 100% illegal. So far, they’ve gotten their wish.
A public opinion survey published in October 2025 revealed that 7 in 10 Kansans want medical marijuana legalized, and roughly 3 in 5 want recreational marijuana legalized. Photo by Leyla M on Unsplash
Potential Pro-marijuana Legislation
The outcomes of six bills have yet to be decided – at least officially. As 27 News reports, out of the 51 bills and resolutions introduced from 2015 to 2025 on marijuana reform, over half (29) received little or no action at all in the Kansas state legislature.
If you’re fed up with marijuana reform being left to starve to death in your state House and Senate, tell senators Mike Thompson and Ty Masterson that they need to take action on these bills! Use Marijuana Policy Project’s form to reach Thompson and Masterson directly here. Photo by Birk Enwald on Unsplash used for illustrative purposes only.
The U.S. government uses that same technique of starving pro-marijuana bills to death instead of killing them outright. A great example is the Cannabis Administration and Opportunity Act (S.4591), which, if passed into law, decriminalizes cannabis and removes it from scheduling under the Controlled Substances Act. The last time action was taken on that bill was when it was first introduced, read twice and referred to the Committee on Finance: July 21, 2022. Officially, it’s still in the fight; in practice, it lost the fight on July 21, 2022.
Medical Marijuana
HB 2678: If passed into law, House Bill 2678 enacts the Kansas Medical Cannabis Act to authorize the cultivation, processing, distribution, sale and use of medical cannabis and medical cannabis products. It was introduced and referred to the Committee on Federal and State Affairs on Feb. 4, 2026, roughly one year after the Senate’s version (see below) was introduced and put on the backburner. As of March 15, it has received no action since its introduction.
SB 294: If passed into law, Senate Bill 294 enacts the Kansas Medical Cannabis Act that authorizes the cultivation, processing, distribution, sale and use of medical cannabis and medical cannabis products. It was introduced on March 6, 2025, and referred to the Committee on Federal and State Affairs the next day. It has received no action since then.
HB 2354: If passed into law, House Bill 2354 provides an exception to the crime of unlawful possession of controlled substances for residents of Kansas who possess marijuana and are disabled veterans with a valid medical marijuana card issued by any state. It was introduced and referred to the Committee on Judiciary on Feb. 7, 2025. It has received no action since then.
Decriminalization (SB 295)
SB 295: If passed into law, Senate Bill 295 removes the criminal penalties for possession of a personal-use quantity of marijuana and creates a civil penalty for possession of a personal-use quantity of marijuana. It was introduced on March 11, 2025, and referred to the Committee on Federal and State Affairs the next day. It has received no action since then.
If you support decriminalizing marijuana, tell your elected lawmakers! Marijuana Policy Project has a user-friendly, fast way to do that here. Photo by Ann H / pexels.com
Legalization (HB 2405)
HB 2679: If passed into law, House Bill 2679 enacts the Adult Use Cannabis Regulation Act to regulate the cultivation, manufacturing, possession and sale of cannabis in Kansas. It was introduced and referred to the Committee on Federal and State Affairs on Feb. 4, 2026, nearly one year after the first attempt (see below) was implicitly shelved. As of March 15, it has received no action since its introduction.
HB 2405: If passed into law, House Bill 2405 enacts the Adult Use Cannabis Regulation Act to regulate the cultivation, manufacturing, possession and sale of cannabis in Kansas. It was introduced and referred to the Committee on Federal and State Affairs on March 10, 2025. It has received no action since then.
These bills are technically still in the running, but nothing will happen unless Kansan lawmakers are incentivized to actually make a decision on them – even if it’s a refusal to pass them. By simply ignoring the bills, they doge being held accountable for turning their back on the people they’re purportedly representing. For the foreseeable future, they can go on making decisions that determine some Kansans’ entire lives, even if it means wrecking them with impunity.
Next Up …
In Part 3 of this series, we’ll see what’s going on in South Carolina. Check back soon!
If you missed the previous segment, check out Part 1 on Idaho.
Kathleen Hearons is a writer, editor, linguist and voice over actor from Los Angeles. She specializes in creative writing and research-intensive analysis and reporting.
The information in this article and any included images are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis or treatment. If you have any concerns or questions about laws, regulations or your health, you should always consult an attorney, physician or other licensed professional.
Sources & Suggested Reading
7 USC Chapter 38, Subchapter VII: Hemp Production. U.S. Legislature. Accessed March 14, 2026. https://uscode.house.gov/view.xhtml?path=/prelim@title7/chapter38/subchapter7&edition=prelim.
“10th Circuit Court of Appeals Declares Kansas Highway Patrol’s Practices Unlawful.” ACLU Kansas. Jan. 29, 2026. Accessed March 15, 2026. https://www.aclukansas.org/press-releases/10th-circuit-court-of-appeals-declares-kansas-highway-patrols-practices-unlawful/.
2024 Session Laws of Kansas – Chapter 67: House Bill 2547. Kansas Secretary of State. Accessed March 14, 2026. https://www.sos.ks.gov/publications/sessionlaws/2024/Chapter-67-HB-2547.html.
2024 Session Laws of Kansas – Chapter 96: Senate Bill 414. Kansas Secretary of State. Accessed March 14, 2026. https://sos.ks.gov/publications/sessionlaws/2024/Chapter-96-SB-414.html.
2024 Special Committee on Medical Marijuana Research Requests from the October 18 and 28 Meetings. Kansas Legislative Research Department. Dec. 6, 2024. Accessed March 15, 2026. https://kslegislature.gov/li_2024/b2023_24/committees/ctte_spc_2024_on_marijuana_1/documents/testimony/20241028_34.pdf.
Carpenter, David H., et al. “The Evolution of Marijuana as a Controlled Substance and the Federal-State Policy Gap.” CRS. April 7, 2022. Accessed March 14, 2026. https://www.congress.gov/crs-product/R44782.
Chung, Rebekah. “Will 2024 be the year Kansas legalizes weed? Here’s where Top GOP senator stands.” ksnt.com. Last updated Jan. 29, 2024. Accessed March 14, 2026. https://www.ksnt.com/capitol-bureau/will-2024-be-the-year-kansas-legalizes-weed-heres-where-top-gop-senator-stands/.
Day, Brayden. “Kansas Democrats introduce new round of marijuana legalization bills, but face an uphill battle.” ksnt.com. Last updated Feb. 25, 2026. Accessed March 13, 2026. https://www.ksnt.com/capitol-bureau/kansas-democrats-introduce-new-round-of-marijuana-legalization-bills-but-face-an-uphill-battle/.
Edwards, Ezekiel, et al. “A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform.” American Civil Liberties Union. 2020. Accessed March 14, 2026. https://www.mpp.org/assets/pdf/issues/criminal-justice/tale_of_two_countries_racially_targeted_arrests_in_the_era_of_marijuana_reform.pdf.
“Expungement: Removing the Lifelong Stigma Caused by Cannabis Prohibition.” Marijuana Policy Project. Accessed March 15, 2026. https://www.mpp.org/issues/criminal-justice/expungement-removing-lifelong-stigma-caused-marijuana-prohibition/.
HB 2678. Kansas State Legislature. Accessed March 14, 2026. https://www.kslegislature.gov/li/b2025_26/measures/hb2678/.
HB 2679. Kansas State Legislature. Accessed March 14, 2026. https://www.kslegislature.gov/li/b2025_26/measures/hb2679/.
Hearons, Kathleen. “Mandatory Tax on Street Weed! To Pay (or Not to Pay)?.” Head Magazine. Accessed March 15, 2026. https://headmagazine.com/mandatory-tax-on-street-weed-to-pay-or-not-to-pay/.
Hearons, Kathleen. “Marijuana and the Americans with Disabilities Act: How Does the Controlled Substances Act Affect Disabled Americans?.” Head Magazine. Accessed March 15, 2026. https://headmagazine.com/marijuana-and-the-americans-with-disabilities-act-how-does-the-controlled-substances-act-affect-disabled-americans/.
Hearons, Kathleen. “States That Refuse to Legalize or Decriminalize Marijuana (Part 1 of 4): Idaho.” Head Magazine. Accessed March 13, 2026. https://headmagazine.com/states-that-refuse-to-legalize-or-decriminalize-marijuana-part-1-of-4-idaho/.
Hearons, Kathleen. “The Illogic of Illegal Weed: A Comprehensive Analysis.” Head Magazine. Accessed March 14, 2026. https://headmagazine.com/the-illogic-of-illegal-weed-a-comprehensive-analysis/.
Higgins, Molly. “In Kansas, Cannabis Remains Completely Illegal – And Kansans Are Paying The Price.” Kansas City. Accessed March 15, 2026. https://kansascitymag.com/in-kansas-cannabis-remains-completely-illegal-and-kansans-are-paying-the-price/.
H.R.2 – Agriculture Improvement Act of 2018. 115th U.S. Congress (2017-2018). Dec. 20, 2018. Accessed March 14, 2026. https://www.congress.gov/bill/115th-congress/house-bill/2.
“Kansas.” Marijuana Policy Project. Last updated March 5, 2026. Accessed March 14, 2026. https://www.mpp.org/states/kansas.
Kansas Cannabis Chamber of Commerce. Accessed March 14, 2026. https://www.kansascannabischamber.com/.
Kansas Cannabis Coalition. Accessed March 14, 2026. https://kansascannabiscoalition.com/.
Kansas House Committee on Judiciary. Accessed March 15, 2026. https://www.kslegislature.gov/li/b2025_26/committees/ctte_h_jud_1/.
“Kansas Marijuana Laws.” KansasStateCannabis.org. Accessed March 13, 2026. https://kansasstatecannabis.org/laws.
“Kansas: Please help us request a bill hearing from the Senators Mike Thompson and Ty Masterson.” Marijuana Policy Project. Accessed March 14, 2026. https://act.mpp.org/a/ks-leadership-medical-cannabis-1.
Kansas Senate Committee on Federal and State Affairs. Accessed March 15, 2026. https://kslegislature.gov/li/b2025_26/committees/ctte_s_fed_st_1/.
“Kansas Speaks: Fall 2024 Statewide Public Opinion Survey.” The Docking Institute of Public Affairs, Fort Hays State University. October 2024. Accessed March 14, 2026. https://www.fhsu.edu/docking/Kansas-Speaks/2024-kansas-speaks-report-final.10.28.24.v3-corrected-final-bullet-in-exec-sum-to-now-compare-2024-and-2023-results2.pdf.
“Kansas Speaks: Fall 2025 Statewide Public Opinion Survey.” The Docking Institute of Public Affairs, Fort Hays State University. October 2025. Accessed March 14, 2026. https://www.fhsu.edu/docking/Kansas-Speaks/2025-kansas-speaks-report_final-10-27-20251.pdf.
KS HB2405. BillTrack*50*. Accessed 14, 2026. https://www.billtrack50.com/billdetail/1859096/28939.
KS SB294. BillTrack*50*. Accessed March 14, 2026. https://www.billtrack50.com/billdetail/1856240/28939.
K.S.A. 79-5204 (Marijuana Stamp Tax). Kansas Office of Revisor of Statues. Accessed March 15, 2026. https://ksrevisor.gov/statutes/chapters/ch79/079_052_0004.html.
Nelson, Andrew J. “10th Circuit flags ‘Kansas two-step’ traffic cop trick as unconstitutional.” Courthouse News Service. Jan. 29, 2026. Accessed March 15, 2026. https://www.courthousenews.com/10th-circuit-flags-kansas-two-step-traffic-cop-trick-as-unconstitutional/.
Robinson, Colter. “Two marijuana bills introduced at Kansas statehouse.” ksnt.com. Last updated March 12, 2025. Accessed March 14, 2026. https://www.ksnt.com/capitol-bureau/two-marijuana-bills-introduced-at-kansas-statehouse/.
S.4591, Cannabis Administration and Opportunity Act. U.S. Congress. Accessed March 15, 2026. https://www.congress.gov/bill/117th-congress/senate-bill/4591.
SB 28. Kansas State Legislature. Accessed March 14, 2026. https://kslegislature.gov/li_2020/b2019_20/measures/sb28/.
SB 294. Kansas State Legislature. Accessed March 13, 2026. https://www.kslegislature.gov/li/b2025_26/measures/sb294/.
Self, Matthew. “Why legalizing weed in Kansas isn’t working.” ksnt.com. Last updated April 15, 2025. Accessed March 13, 2026. https://www.ksnt.com/capitol-bureau/why-legalizing-weed-in-kansas-isnt-working/?ipid=ksnt1.
“Urge Your State Legislators to Stop Jailing Cannabis Consumers!.” Marijuana Policy Project. Accessed March 14, 2026. https://act.mpp.org/a/ks-hro-action.
“Urge your state legislators to support marijuana decriminalization!.” Marijuana Policy Project. Accessed March 14, 2026. https://www.mpp.org/takeaction/actions/urge-your-state-legislators-to-support-marijuana-decriminalization/.
“What Should I Do if I’m Charged With Marijuana Possession in Kansas?.” Henderson Legal Defense, LLC. Nov. 25, 2025. Accessed March 15, 2026. https://hldfirm.com/kansas-marijuana-possession-lawyer/.
