Kansas Medical CBD / Low-THC Law

(Updated 2025)

    1. Introduction

Kansas does not have a traditional medical marijuana program. Instead, the state offers limited access to certain cannabidiol (CBD) products with low levels of THC. Under Senate Bill 28 (also known as Claire and Lola’s Law), qualifying patients with certain debilitating medical conditions may use CBD oil containing no more than 5% THC relative to its CBD content.

Importantly, Kansas law provides only an affirmative defense to prosecution—meaning possession is technically still illegal, but patients with a physician’s recommendation can defend their use in court. The law does not create an in-state supply chain, licensed dispensaries, or cultivation rights.

    1. Quick Facts – Kansas CBD Program

Legal Status

Limited Access (CBD Only)

Medical Marijuana

No

Low-THC CBD Oil

Legal with restrictions

Recreational Marijuana

Illegal

Possession Limits

Not specified

Home Cultivation

No

Licensed Dispensaries

No

Caregivers Allowed

No

Reciprocity

No

Employment Protections

No

    1. Qualifying Conditions

Kansas law defines a “debilitating medical condition” as a medically diagnosed chronic disease or condition that:

    • Causes a serious impairment of strength or ability to function, including conditions producing seizures
    • Is actively being treated by a physician licensed in Kansas

Common examples include:

    • Epilepsy or seizure disorders
    • Other severe neurological conditions

(The law leaves flexibility for physicians to determine eligibility within the definition.)

    1. Patient Possession Rules
    • Kansas law does not specify an exact possession limit.
    • “Cannabidiol treatment preparation” is defined as:
      • An oil containing cannabidiol and tetrahydrocannabinol
      • THC content no more than 5% relative to CBD content
    • Must be third-party lab tested by an independent laboratory to verify compliance
    1. Legal Protections & Limitations
    • Patients with a written physician recommendation have an affirmative defense to charges for possession of qualifying CBD products.
    • There is no legal protection for selling, purchasing, or cultivating cannabis in Kansas.
    • No legal in-state supply exists—patients must source products elsewhere, which may involve federal law risks when transporting across state lines.
    1. Home Cultivation
    • Not permitted under any circumstances
    1. Licensed Dispensaries
    • None in Kansas – no infrastructure for legal purchase or regulated supply
    1. Caregivers
    • Kansas law does not create a caregiver system for CBD patients
    1. Reciprocity
    • Kansas does not recognize medical marijuana or CBD cards from other states
    1. Program Overview
    • Law Signed: 2019 (Senate Bill 28 – Claire and Lola’s Law)
    • Regulatory Authority: No dedicated cannabis regulatory body – governed by state criminal statutes
    • Estimated Registered Patients: No official registry or patient count
    1. Key Considerations for Patients
    • Kansas’ CBD program is not equivalent to a full medical marijuana program in other states
    • Products must strictly meet the 5% THC-to-CBD ratio limit to be considered compliant
    • Because there is no licensed in-state source, patients should exercise extreme caution when sourcing CBD oil to avoid untested or noncompliant products
    1. Resources & References
    • Kansas Legislature – SB 28 (Claire and Lola’s Law): Read Full Text
    • NORML – Kansas: norml.org/laws/kansas