9.17.010 Possession of Marijuana – Controlled Substance – Penalties.
A. Except as authorized by the Uniform Controlled Substance Act, K.S.A. 65-4101 et seq., and amendments thereto, it shall be unlawful for any person to manufacture, possess, have under such person’s control, administer, deliver, distribute, dispense or compound marijuana.
B. As used in this section, “marijuana” means all parts of all varieties of the plant Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. It does not include:
1. The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake or the sterilized seed of the plant which is incapable of germination;
2. Any substance listed in Schedules II through V of the Uniform Controlled Substances Act;
3. Drug products approved by the United States Food and Drug Administration as of June 9, 2022;
4. Cannabidiol (other trade name: 2-[(3-methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol); or
5. Industrial hemp as defined in K.S.A. 2-3901, and amendments thereto, when cultivated, produced, possessed or used for activities authorized by the Commercial Industrial Hemp Act.
C. It shall be an affirmative defense to prosecution under this section arising out of a person’s possession of any cannabidiol treatment preparation if the person:
1. Has a debilitating medical condition, as defined in subsection (F) of this section, and amendments thereto, or is the parent or guardian of a minor child who has such debilitating medical condition;
2. Is possessing a cannabidiol treatment preparation, as defined in subsection (F) of this section, and amendments thereto, that is being used to treat such debilitating medical condition; and
3. Has possession of a letter at all times while the person has possession of the cannabidiol treatment preparation that:
a. Shall be shown to a law enforcement officer on such officer’s request;
b. Is dated within the preceding fifteen (15) months and signed by the physician licensed to practice medicine and surgery in Kansas who diagnosed the debilitating medical condition;
c. Is on such physician’s letterhead; and
d. Identifies the person or the person’s minor child as such physician’s patient and identifies the patient’s debilitating medical condition.
D. Upon a conviction, plea of no contest or guilty for violation of this section, the municipal judge shall order such person to submit to and complete an alcohol and drug evaluation by a community-based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008, and amendments thereto, and to pay a fee not to exceed the fee established by that statute for such evaluation. A diversion agreement based upon a violation of this section shall also require a person to submit to and complete an alcohol and drug evaluation by a community-based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008, and amendments thereto, and to pay a fee not to exceed the fee established. If the judge finds that person is indigent, the fee may be waived.
E. Any person who violates this section shall be guilty of a class A public offense.
F. As used in this section:
1. “Cannabidiol treatment preparation” means an oil containing cannabidiol (other trade names: 2-[(3-methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol) and tetrahydrocannabinol, as described in K.S.A. 65-4105, and amendments thereto, and having a tetrahydrocannabinol concentration of no more than five percent (5%) relative to the cannabidiol concentration in the preparation, verified through testing by a third-party, independent laboratory.
2. “Debilitating medical condition” means a medically diagnosed chronic disease or medical condition causing a serious impairment of strength or ability to function, including one that produces seizures, for which the patient is under current and active treatment by a physician licensed to practice medicine and surgery in Kansas. (Ord. 22-35 § 9, 2022; Ord. 19-60 § 13, 2019; Ord. 18-34 § 5, 2018; Ord. 99-24 § 33, 1999; Ord. 89-151 § 7, 1990; Ord. 83-75 § 2, 1983.)