Kansas Drug Laws: Penalties, Charges & Treatment Options
Kansas Drug Laws: Key Takeaways
- Kansas uses the standard five-schedule system (Schedules I-V) under K.S.A. 65-4105 through 65-4113, and drug offenses are sentenced on a separate drug sentencing grid with severity levels 1 (most serious) through 5 (least serious) under K.S.A. 21-6805.
- Possession of opiates, narcotics, or certain stimulants (e.g., methamphetamine, cocaine) is a drug severity level 5 felony under K.S.A. 21-5706(a), carrying 10 to 42 months of imprisonment depending on criminal history.
- Marijuana is fully illegal in Kansas — no recreational use, no medical marijuana program, and no decriminalization. First-offense possession is a Class B nonperson misdemeanor (up to 6 months, $1,000 fine); second offense is a Class A nonperson misdemeanor (up to 1 year).
- Kansas enacted its Good Samaritan overdose law in 2024 (House Sub. for SB 419), providing immunity from prosecution for drug possession when a person seeks or provides emergency medical assistance during a drug overdose — Kansas was the 49th state to adopt such a law.
- Manufacturing methamphetamine or fentanyl-related substances is a drug severity level 1 felony under K.S.A. 21-5703, with bail set at a minimum of $50,000 cash or surety.
- Kansas SB 123 (enacted 2003) mandates community-based drug treatment instead of prison for eligible first- and second-time nonviolent drug possession offenders, requiring 18 months of supervised treatment.
- A first-offense DUI under K.S.A. 8-1567 carries a mandatory minimum 48 hours in jail, a fine of $500 to $1,000, and license suspension for 30 days followed by 330 days of restricted driving. Kansas is a zero-tolerance state for drugged driving.
Kansas Drug Law Overview
Kansas Drug Schedule Classifications
| Schedule | Description | Examples |
|---|---|---|
| Schedule I | Substances with high potential for abuse, no currently accepted medical use in treatment in the United States, and a lack of accepted safety for use under medical supervision. Defined in K.S.A. 65-4105. | Heroin, LSD, MDMA (ecstasy), psilocybin, mescaline, GHB, marijuana (cannabis), methaqualone, synthetic cannabinoids |
| Schedule II | Substances with high potential for abuse, currently accepted medical use with severe restrictions, and abuse may lead to severe psychological or physical dependence. Defined in K.S.A. 65-4107. | Cocaine, methamphetamine, fentanyl, oxycodone (OxyContin), hydrocodone, morphine, amphetamine (Adderall), methadone, opium, carfentanil |
| Schedule III | Substances with potential for abuse less than Schedule I and II, currently accepted medical use, and abuse may lead to moderate or low physical dependence or high psychological dependence. Defined in K.S.A. 65-4109. | Anabolic steroids, ketamine, buprenorphine (Suboxone), testosterone, products containing limited quantities of codeine |
| Schedule IV | Substances with low potential for abuse relative to Schedule III, currently accepted medical use, and abuse may lead to limited physical or psychological dependence. Defined in K.S.A. 65-4111. | Alprazolam (Xanax), diazepam (Valium), zolpidem (Ambien), lorazepam (Ativan), clonazepam (Klonopin), tramadol, carisoprodol (Soma) |
| Schedule V | Substances with low potential for abuse relative to Schedule IV, currently accepted medical use, and abuse may lead to limited physical or psychological dependence. Defined in K.S.A. 65-4113. | Cough preparations with limited codeine (e.g., Robitussin AC), pregabalin (Lyrica), lacosamide, ezogabine, certain anti-diarrheal compounds |
Kansas Drug Penalty Chart
| Offense | Substance | Amount | Classification | Jail / Prison | Max Fine |
|---|---|---|---|---|---|
| Possession — Opiates, Narcotics, or Certain Stimulants | Heroin, cocaine, methamphetamine, fentanyl, etc. (K.S.A. 21-5706(a)) | Any amount | Drug Severity Level 5 Felony | 10 to 42 months (based on criminal history grid) | Up to $100,000 |
| Possession — Other Controlled Substances (first offense) | Depressants, hallucinogens, marijuana (K.S.A. 21-5706(b)) | Any amount | Class B Nonperson Misdemeanor | Up to 6 months | Up to $1,000 |
| Possession — Other Controlled Substances (second or subsequent) | Depressants, hallucinogens, marijuana (K.S.A. 21-5706(b)) | Any amount | Class A Nonperson Misdemeanor | Up to 1 year | Up to $2,500 |
| Possession — Third or subsequent (marijuana, MDMA, or certain substances) | Marijuana, MDMA, or K.S.A. 65-4105(h) substances (K.S.A. 21-5706(b)) | Any amount | Drug Severity Level 5 Felony | 10 to 42 months (based on criminal history grid) | Up to $100,000 |
| Distribution — Small Quantity | Any controlled substance by dosage unit (K.S.A. 21-5705) | Fewer than 10 dosage units | Drug Severity Level 4 Felony | 14 to 51 months (based on criminal history grid) | Up to $300,000 |
| Distribution — Moderate Quantity | Any controlled substance by dosage unit (K.S.A. 21-5705) | 10 to fewer than 100 dosage units | Drug Severity Level 3 Felony | 46 to 162 months (based on criminal history grid) | Up to $300,000 |
| Distribution — Large Quantity | Any controlled substance by dosage unit (K.S.A. 21-5705) | 100 to fewer than 1,000 dosage units | Drug Severity Level 2 Felony | 92 to 324 months (based on criminal history grid) | Up to $500,000 |
| Distribution — Very Large Quantity | Any controlled substance by dosage unit (K.S.A. 21-5705) | 1,000 or more dosage units | Drug Severity Level 1 Felony | 138 to 204 months presumptive; up to 653 months (based on criminal history grid) | Up to $500,000 |
| Manufacturing — Methamphetamine or Fentanyl | Methamphetamine or fentanyl-related substances (K.S.A. 21-5703) | Any amount | Drug Severity Level 1 Felony | 138 to 204 months presumptive; up to 653 months | Up to $500,000; bail minimum $50,000 |
| Manufacturing — Other Controlled Substances | Non-meth, non-fentanyl controlled substances (K.S.A. 21-5703) | Any amount | Drug Severity Level 2 Felony | 92 to 324 months (based on criminal history grid) | Up to $500,000 |
| Distribution Near a School | Any controlled substance (K.S.A. 21-5705) | Within 1,000 feet of school property | One severity level higher than base offense | Increased per enhanced severity level | Varies by enhanced classification |
| Drug Paraphernalia — Possession for Personal Use | Any controlled substance (K.S.A. 21-5709(b)(2)) | N/A | Class B Nonperson Misdemeanor | Up to 6 months | Up to $1,000 |
| Fentanyl Enhancement | Fentanyl-related substances — Severity Level 1, 2, or 3 felony (K.S.A. 21-6805) | Any amount | Presumptive imprisonment — doubled maximum | Two times the maximum duration of the presumptive term | Per base offense |
Is Drug Possession a Felony in Kansas?
Kansas Drug DUI / DWI Laws
Kansas Marijuana Laws
Kansas Good Samaritan LawYes - Active
- Seeks medical assistance for themselves while experiencing a drug overdose, or
- Provides medical assistance to another person experiencing a drug overdose and is in need of medical assistance.
- Immunity does not apply if the quantity of controlled substances found at the scene would create a rebuttable presumption of intent to distribute.
- Immunity does not apply during the execution of an arrest warrant, search warrant, or lawful search.
- The law does not provide immunity for manufacturing, distribution, or sale offenses.
Kansas Naloxone (Narcan) Access
Kansas Drug Courts & Diversion Programs
Does Kansas Have Mandatory Minimums for Drugs?
- Severity Level 1: 138 to 204 months (presumptive, Category I) up to 493 to 653 months (Category A)
- Severity Level 2: 92 to 144 months (presumptive, Category I) up to 370 to 498 months (Category A)
- Severity Level 3: 46 to 83 months (Category I) up to 185 to 247 months (Category A)
- Severity Level 4: 14 to 38 months (Category I) up to 107 to 162 months (Category A)
- Severity Level 5: 10 to 28 months (Category I) up to 31 to 42 months (Category A)
- First offense: 48 consecutive hours mandatory imprisonment
- Second offense: 90 days with at least 5 consecutive days served
- Third offense: 90 days, not eligible for probation or reduction until served
- Fourth offense: 90 days mandatory minimum
Treatment Alternatives to Incarceration
- Mandatory 18-month drug treatment program participation
- Community supervision instead of prison
- Applicable to first- and second-time drug possession offenders
- Offenders with prior person felonies or drug distribution convictions are ineligible
- The Kansas Supreme Court held in 2009 that SB 123 is mandatory — judges cannot sentence eligible offenders to prison instead of treatment
Facing Drug Charges in Kansas?
Many Kansas courts offer treatment-based alternatives to incarceration. Drug court programs, diversion programs, and court-ordered rehab can help you get treatment instead of jail time.
New Kansas Drug Laws (2025-2026)
- The Kansas Legislature legalized fentanyl test strips by removing them from the definition of drug paraphernalia, enabling Kansans to test substances for fentanyl contamination without criminal liability.
- SB 174 amended multiple drug statutes to add enhanced penalties for fentanyl-related offenses, including the provision that sentences for fentanyl-involved severity level 1, 2, or 3 felonies are doubled.
- Governor Laura Kelly signed House Substitute for Senate Bill 419 (Good Samaritan Law) on May 9, 2024, making Kansas the 49th state with overdose Good Samaritan protections. The law provides immunity from drug possession prosecution for persons who seek or provide medical assistance during overdoses. It passed unanimously (114-0 House, 36-0 Senate).
- HB 2547 amended K.S.A. 65-4105 (Schedule I) to add additional synthetic substances and analogues to the controlled substances schedules.
- Governor Kelly signed legislation (effective April 2025) expanding naloxone access for law enforcement by removing the prior protocol requirements, allowing agencies to stock naloxone as an over-the-counter item without the administrative barriers that had limited access for smaller departments.
- Medical marijuana bills continued to be introduced but did not advance through the legislature.
- Kansas continues to prioritize fentanyl enforcement and overdose prevention.
- The state remains one of the most restrictive in the nation regarding marijuana, with no medical or recreational legalization.
- Harm reduction measures (naloxone access, Good Samaritan protections, fentanyl test strips) have gained bipartisan support.
Frequently Asked Questions: Kansas Drug Laws
Sources & Citations
- K.S.A. 21-5706 — Unlawful Possession of Controlled Substances (K.S.A. 21-5706)
- K.S.A. 21-5705 — Unlawful Cultivation or Distribution of Controlled Substances (K.S.A. 21-5705)
- K.S.A. 21-5703 — Unlawful Manufacturing of Controlled Substances (K.S.A. 21-5703)
- K.S.A. 21-6805 — Sentencing Grid for Drug Crimes (K.S.A. 21-6805)
- K.S.A. 65-4105 — Substances Included in Schedule I (K.S.A. 65-4105)
- Kansas Controlled Substances Act — Chapter 65, Article 41 (K.S.A. 65-4101 et seq.)
- K.S.A. 8-1567 — Driving Under the Influence; Penalties (K.S.A. 8-1567)
- K.S.A. 21-5709 — Drug Paraphernalia (K.S.A. 21-5709)
- House Sub. for SB 419 — Good Samaritan Overdose Law (2024) (SB 419)
- Kansas SB 123 — Alternative Sentencing for Drug Possession Offenders (K.S.A. 21-6824)
- Kansas Sentencing Commission — Sentencing FAQs (Drug Sentencing Grid)
- Penalties for Illegal Drug Possession in Kansas — CriminalDefenseLawyer.com (Overview)
Legal Disclaimer
The information on this page is provided for general educational purposes only and does not constitute legal advice. Laws change frequently, and their application depends on specific facts and circumstances. This content should not be relied upon as a substitute for consultation with a qualified attorney licensed in your state. United Rehabs is not a law firm and does not provide legal services. If you need legal advice, contact a licensed attorney or your state bar association.