Medical Marijuana

Medical marijuana use is legal in 38 states and the District of Columbia. Recreational use of marijuana is legal in 24 states and the District of Columbia.

In recent years, several bills were introduced to legalize medical or recreational marijuana use in Kansas. Legislation that would have legalized medical marijuana in Kansas received a floor vote for the first time in 2021, as House Sub. for SB 158 passed out of the Kansas House.

Marijuana Legalization in Other States

Medical Use

Laws in the 38 states and the District of Columbia that provide for comprehensive medical marijuana and cannabis programs meet the following criteria: protection from criminal penalties for using marijuana for a medical purpose; access to marijuana through home cultivation, dispensaries, or some other system that is likely to be implemented; allowance for a variety of strains or products; and allowance for either smoking or vaporization of marijuana products, plant material, or extract.

Another nine states allow the use of low-tetrahydrocannabinol (THC), high-cannabidiol (CBD) products for specific medical conditions, or provide a legal defense for their possession. The following eight states have recently enacted comprehensive medical marijuana laws after previously legalizing low-THC products: Alabama, Florida, Kentucky, Mississippi, Missouri, Oklahoma, Utah, and Virginia.

Recreational Use

As of June 2023, the following 24 states and the District of Columbia have legalized the recreational use of marijuana: Alaska, Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, New Jersey, New Mexico, New York, Ohio, Oregon, Rhode Island, Vermont, Virginia, and Washington.

Connecticut, Illinois, New Jersey, New Mexico, New York, Rhode Island, Vermont, and Virginia legalized recreational use of marijuana through the legislative process, while the remaining states used a ballot initiative. In South Dakota, a successful ballot initiative to legalize recreational use of marijuana was ruled unconstitutional by a circuit judge; the South Dakota Supreme Court upheld this decision on November 24, 2021, by a vote of 4-1.

Recent Kansas Legislation

2021-2022

In 2021, House Sub. for SB 158, legislation that would have enacted a medical marijuana regulatory system, received a floor vote in the House of Representatives for the first time and subsequently passed the chamber.

In 2022, the Senate Committee on Federal and State Affairs held hearings on SB 560, which similarly would have enacted a medical marijuana regulatory system.

2022 Special Committee on Medical Marijuana

The 2022 Special Committee on Medical Marijuana met during the interim to receive testimony from state agencies, law enforcement, local government, the business community, and private citizens. The Special Committee recommended the 2023 Legislature consider the information presented to the Committee, and to especially consider the information and perspectives provided on several listed topics, including expungement of marijuana-related convictions, licensing program suggestions, seed-to-sale tracking systems, and taxes, among other items.

2023-2024

During the 2023 Legislative Session, four bills were introduced that would create a medical marijuana regulatory system in Kansas. SB 135 received hearings in the Senate Committee on Federal and State Affairs in March 2023.

One bill, HB 2367, was introduced in March 2023. The bill would create an adult use (recreational) marijuana regulatory system in Kansas. The bill did not receive a hearing during the 2023 Legislative Session.