How To Get Medical Marijuana Cards In Kansas [2021 Update]
If you’re one of the many relief seekers who would like to know when and how you can get a medical marijuana card in Kansas, you’re not alone. In this article, we’ll talk about what you currently can and cannot do in Kansas in terms of marijuana possession. We’ll also talk about recent efforts to revamp the state’s marijuana laws and implement a legitimate medical marijuana program in Kansas. And, most importantly, we’ll talk about some of the rules and regulations that you really ought to know about if you’re thinking of becoming a Kansas medical marijuana patient.
- Did you know that, although marijuana is illegal in Kansas, some medical marijuana patients are immune from prosecution?
- Did you know that in March 2015, a medical marijuana patient in Kansas was arrested and charged with five felony counts of cannabis possession, and lost custody of her 11-year-old child?
- Did you know that the city of Wichita KS has different marijuana possession laws than the rest of the state?
- Did you know that all the states surrounding Kansas have some form of legal marijuana?
Well, let’s get you all caught up on Kansans efforts to legalize the possession and use of marijuana for medical purposes.
Kansas Medical Marijuana Qualifying Conditions
Below are examples of Qualified Conditions in other states that may qualify patients in Kansas when medical marijuana is approved.
- Positive status for human immunodeficiency virus (HIV)
- Acquired immune deficiency syndrome (AIDS)
- Hepatitis C
- Amyotrophic lateral sclerosis (ALS)
- Muscular dystrophy
- Crohn’s disease
- Multiple sclerosis
- Spinal cord injury or disease
- Traumatic brain injury
- Parkinson’s disease
- Alzheimer’s disease
- Ulcerative colitis
- Ehlers-Danlos syndrome
- A severely debilitating or terminal medical condition or its treatment that has produced at least one of the following:
- Elevated intraocular pressure
- Wasting syndrome
- Severe pain that has not responded to previously prescribed medication or surgical measures or for which other treatment options produced serious side effects, constant or severe nausea, moderate to severe vomiting, seizures, or severe, persistent muscle spasms
- Moderate to severe chronic pain.
- Post-traumatic stress disorder (PTSD)
Medical Marijuana In Kansas
Right off the bat here, we’re sad to inform you that despite strong public sentiment in favor of legalizing medical marijuana, recent efforts by Kansas lawmakers to legislate a medical marijuana program in the state have failed. This is mostly due to strong opposition from state law enforcement officials and pushback from conservatives in the statehouse. But there is still a glimmer of hope that a deal can be reached in the next session.
A Brief History of Kansas Marijuana Laws
Let’s back up a few steps here and get a brief bird’s eye view of the evolution of marijuana laws in Kansas.
Kansas officially banned cannabis production way back in 1927. At that time a wave of cannabis hysteria swept the country fueled by propaganda efforts such as the infamous “Reefer Madness” movie which portrayed marijuana users as murderous psychopaths. Ninety years later, advocates are still trying to un-brainwash the public about marijuana and bring some sense to Kansas marijuana laws.
There were some attempts to legalize medical marijuana between 2013 and 2015. A cannabis compassion and care act which would allow the use of medical marijuana by patients suffering from a short list of qualifying medical conditions ws submitted in the Senate. Under the proposed law, patients would be allowed to grow up to 12 plants at home, or possess 6 ounces of marijuana. The effort did not gain enough traction with lawmakers at that time to pass. But it did bring the issue to the attention of Kansans.
A couple of years later, during the 2015 legislative session, a similar bill was introduced. This time it passed in the House but was shelved by the Senate with intentions of revisiting the proposed measures in 2016. Along with legalizing medical marijuana, the bill would have also decreased penalties for marijuana possession and allowed for studies on hemp, marijuana’s non-intoxicating cousin.
In the late winter/early spring of 2019 lawmakers began working on two bills to make medical marijuana legal in Kansas. While one was somewhat conservative, the other offered more options.
A group called Bleeding Kansas was formed by Lisa Ash Sublett whose daughter suffers from seizures resulting from a traumatic brain injury. Last year she helped to introduce a Kansas Safe Access Act amendment. The measure was rejected by the House. She’s now working with Representative Gail Finney to introduce a revised bill.
“We don’t want families to suffer here. We don’t want kids taken away from their parents. We don’t want parents in jail and we don’t want patients in jail. The law needs to change, but it needs to be done correctly. We’ve seen failure from other states… It can be done safely for patients, safely for Kansas and in a responsible way. It can bring new jobs, new revenue and be a benefit to the state.” — Lisa Ash Sublett, Bleeding Kansas
Another medical marijuana bill is being proposed by Senator Tom Holland. Holland decided to work on the bill after hearing stories from families with sick children and veterans in his district who continued to suffer needlessly from conditions that can be helped by the use of medical marijuana. Holland’s bill, however, left out important pieces, according to Sublett, such as the ability for patients in rural areas to grow marijuana at home. But Holland feels that his more conservative bill stands a better chance of passing.
“It’s a bill by Kansans for Kansans. We also need to keep in mind that the Kansas legislature is a conservative body, and so when you look at some of the things in my bill, it’s probably a more screwed down conservative approach to actually get this into the public sphere.” KS Senator Tom Holland.
One of the more vocal opponents to the legalization of medical marijuana in Kansas is Dr. Eric Voth. Voth claims that it doesn’t matter what’s in the bill; legalizing marijuana is a bad idea.
“My argument is stick with pure medicine. Medicine that’s reliable, medicine that’s researched, medicine that comes in a very specific dose amount that has very specific effects and side effects. Get away from this hysteria.” — Dr. Eric Voth
Proponents of that viewpoint vehemently disagree and claim that medical marijuana is the safest and most effective option for many patients.
No action has been taken on the bill yet and it’s not clear if any action will be taken nor when.
Kansas Low-THC Cannabis Oil Bill: Passed!
And now for the light at that glimmer of hope that we mentioned earlier. Kansas Gov. Laura Kelly recently signed into law House Bill 2244, also known as Claire and Lola’s law. The measure provides an “affirmative defense” for the possession of low THC cannabis oil by some seriously ill patients (or their parents or guardians) who have not found relief from the use of traditional medications.
Under the measure, the cannabis oil may contain levels of THC no higher than five percent. THC is the compound in marijuana which causes intoxication. The patient must be under the care of a licensed physician and must be suffering from a “debilitating medical condition” such as those that produce seizures. Furthermore, the products must be tested by a third party lab to assure that they contain under the legal limit of five percent THC.
“Affirmative defense” simply means that if a person is arrested for possession of cannabis oil, they will be immune to prosecution if they can prove that they or their child qualifies for cannabis use under Lola’s law. It does not mean that these people are immune to being arrested, only from being prosecuted.
The legislation is known as Claire and Lola’s Law. Lola is a 12-year-old child suffering from microcephaly, a condition that results in the brain not fully developing. Lola’s 17-year-old sister died from the condition in 2018.
“I’m pleased to sign Claire and Lola’s bill into law today. This is the first step in addressing the health needs of many Kansans, but we still have a long way to go. I’m hopeful the legislature will review this issue comprehensively next session.” — Kansas Gov. Laura Kelly
What Lola’s law does not do is create a legal, regulated market for the production and sale of cannabis oil in the state of Kansas. When it comes to acquiring their medicine, patients are on their own.
Opponents of the bill claim that it places law enforcement officers in the position of having to make on-the-spot determinations as to whether or not the cannabis oil is legal and that some people will get arrested who shouldn’t and others who should be arrested will get away with breaking Kansas marijuana laws.
Although Lola’s Law is still far behind the times and far from being considered progressive, it’s the proverbial foot in the door.
Kansas Marijuana Q&A
What About CBD Oil?
So what about hemp-derived CBD oil? Hemp was recently legalized by the federal government and the regulatory duties were put in the hands of the states. Unfortunately, it doesn’t seem to be in very good hands in Kansas.
Recently, the state’s attorney general published a 5-page opinion stating that with the exception of drugs approved by the FDA, “it is unlawful to possess or sell products or substances containing any amount of cannabidiol,” aka CBD. The letter was sent to all local district attorneys in the state.
This prompted lawmakers to put an end to the question. In 2018, lawmakers passed Senate Bill 282 officially changing the definition of “marijuana” to exclude CBD oil. The bill took effect May 24, 2018.
However, unlike some other states which allow levels of THC up to 0.3 percent, this bill specifies that products must be THC-free. Also, as with the cannabis oil bill, this bill does not provide for legal in-state access to CBD oils in Kansas.
What Are The Kansas Marijuana Laws and Penalties?
Considering using marijuana anyway? Consider this: If you are caught with any amount of any form of cannabis up to 450 grams, regardless of its potency, and you cannot prove that you are eligible for protection under Lola’s law you risk going to jail.
A first offense can earn you up to a year in prison, and up to a $2,500 fine. Subsequent offenses can earn you up to 3½ years in prison and fines up to $100,000. If you’re convicted of selling cannabis, you’re in deep hot water with fines upwards of $500,000 and many years in prison.
What about Wichita?
The exception to this rules is the city of Wichita which voted to decriminalize cannabis municipally. In Witchita, a first-time possession offense will get you a mere $50 fine.
The first attempt to do so was in 2015. At that time, the Kansas Attorney General claimed that he would sue the city if the measure passed on the grounds that the city does not have the legal authority to reduce penalties, however, a couple of years later in 2017, the Wichita City Council unanimously approved the decriminalization of marijuana.
All indications point to a high likelihood of Kansas passing some kind of medical marijuana law in the near future.
In the meantime, regardless of the fact that the state Attorney General feels that CBD oil is illegal, many shops in the state, as well as online shops, sell a myriad of CBD products.
Get Pre-Certified for Medical Cannabis In Kansas:
For potential KS medical marijuana patients we make it easy to connect with a recommending MedCard doctor. You will also receive updates & news relative to marijuana in Kansas. If you are interested simply fill out the patient registration form and a clinic representative will contact you as available. Legal Residents Only Please.
Patient Registration Form
Kansas Medical Marijuana FAQ's
Frequently asked questions we receive regarding KS marijuana.
Once I have my Kansas MMJ card, where can I buy marijuana?
Once active, you will go to a state licensed dispensary. You can find them on Nationwide Dispensaries.
Once I have my KS MMJ card, can I grow my own marijuana?
To be determined.
How much legal weed can I have in KS with a card?
To be determined.
Can I Smoke Weed Once Qualified?
To be determined.
Can I take my medical cannabis to a different state?
Medical marijuana patients in all states may face federal and local charges of transporting marijuana if they cross state lines with the drug. This is true even if the states between which they are traveling allow medical marijuana. Should you need to travel with your marijuana it would be best to contact the state’s Bureau of health to understand the exact laws of the state you are traveling to in order to not risk breaking the law.
Who Can Use Marijuana in Kansas?
No one – yet.
CBD is for sale online in the forms of oils, topicals, flower and tinctures. CBD products for sale are also in head shops, pet stores and holistic shops around town. Is this CBD Oil legal in Kansas?
Hemp CBD oil which is derived from the hemp plant is legal throughout the United States.
Will CBD, Hemp, or cannabidiol oil get me high?
What is the difference between CBD & THC?
Psychoactive Vs. Non-Psychoactive. THC creates a euphoric effect due to the way it connects to the bodies endocannabinoid system. The endocannabinoid system has been recently recognized as an important modulatory system in the function of brain, endocrine, and immune tissues. Cannabidiol, or CBD reacts differently and is used with patients that require or prefer non euphoric care.
Is CBD for Pets really a thing?
Yes, CBD for Dogs, CBD for Cats, and CBD for pets in general is becoming a popular treatment for caring for pets that have arthritis, chronic pain and other ailments.
Where can I get CBD for pets?
You can find CBD for pets online, at some pet stores, and at holistic shops.
Are THC edibles allowed in Kansas?
To be determined.
How Much Should I consume?
You should always consult with a licensed Kansas medical marijuana doctor before using medical marijuana in any forms.