After hearing from law enforcement opponents, Kansas senators rescind their medical marijuana legalization bill

After a hearing with multiple opponents and representatives from state law enforcement, Kansas senators have voted to withdraw the bill to legalize marijuana.

On Thursday, members of the Senate Federal and State Affairs Committee voted to submit the legislation. The panel is sponsoring it. Chairman Mike Thompson (R), stated that lawmakers had “bigger fish” and that he doesn’t want to take the bill back up before the 2023 session.

Kansas Bureau of Investigation, Kansas Sheriffs Association and Oklahoma Bureau of Narcotics all testified in opposition to the medical marijuana measure.

Opponents raised concerns over impaired driving, medical marijuana access prisons and the alleged cannabis-related violence.

Oklahoma’s narcotics agent claimed that the vote of his state against an initiative for adult-use legalization at the ballot last Wednesday reflected public concern about the existing medical cannabis program.

Stephen Howe, Johnson County district attorney, claimed that marijuana is the cause of most murders and shootings in Kansas. The legislation “really concerns me from a standpoint of public health and safety,” he said.

Vice chair of the committee Sen. Rick Kloos (R) stated during Thursday’s hearing that while he was once a supporter of medical marijuana reform, his viewpoint has changed. He apologised to his family members and constituents for being wrong about the issue in the previous.

He said that lawmakers must make difficult decisions “because we hear the heartfelt testimony, but we also have to consider the facts.”

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Thompson, the chair of the committee, stated to reporters following the vote to table that there were many “questions left unanswered” in relation to the medical marijuana legislation.

According to The Topeka Capital-Journal, he stated that “we’ve got larger fish to fry at the moment.” “This bill was not a serious bill to start with.”

Before the bill was voted on, Sen. Chase Blasi (R), proposed an amendment to lower the allowed THC potency for medical cannabis edibles. However, this was overruled by Sen. Alicia Straub (R) intervention to halt the legislation.

Thursday’s hearing was the second of this week by the committee. On Wednesday , supporters and neutral parties, as well as representatives of state agencies,, testified to the legislation.

Additionally, the panel hosted two hearings in which many opponents testified on the topic of marijuana reform.

Thompson stated that he believed it was important for opposing perspectives to be represented at meetings. This is because supporters were able to voice their opinions on the legislation in a series special committee hearings last January.

A medical cannabis bill was passed in 2021 by the House, but it was blocked in the Senate.

On Thursday, Kansas House Democrats tweeted a “friendly reminder” that the house had already passed medical marijuana!

The minority caucus stated that they have been waiting for the senate’s decision.

Friendly reminder that the house has already approved medical marijuana! !

We’ve been waiting for the senate! #ksleg #mmj https://t.co/JE0nnRVKcO pic.twitter.com/3AXkEGMKJz

Kansas House Democrats (@KSHouseDems March 16, 2023

Senator Ty Masterson (R) stated previously that he expects bills and hearings this year on the issue. A spokesperson for the senator said that the senator understood that perspectives on medical marijuana are “maturing”, but that it is not a priority.

These are the major components of the Kansas medical cannabis legalization bill and SB 135:.

Patients could purchase and possess upto a 30 day supply of cannabis (at minimum three ounces) from licensed dispensaries.

It would be illegal to smoke or vape marijuana products.

A doctor could recommend medical cannabis to patients for 21 conditions including epilepsy, chronic pain, multiple sclerosis, post-traumatic stress disorder, cancer and epilepsy.

The bill would allow regulators to add conditions to this list. It also provides the procedure for petitioners to request new qualifying conditions.

People who don’t have a registered card would see their penalty reduced to possessing less than 1.5 ounces of marijuana. They could also be subject to a $400 fine if they present a physician’s recommendation for medical cannabis.

A reciprocity section provides legal protections to registered patients of medical marijuana in other states.

The Health and Environment Department would oversee the regulation of patient-facing aspects of this program, including the issuing of medical cannabis identification cards.

The licensing of medical marijuana facilities, laboratories, processors and distributors would be overseen by the Division of Alcohol and Cannabis Control.

The department would establish a Medical Cannabis Advisory Committee to provide advice on implementation and enforcement.

Registration fees and fines would be paid into the Medical Cannabis Registration Fund. These dollars will support the implementation of the program.

The deadline for regulators to adopt rules regarding registering patients, issuing medical marijuana cards, licensing businesses, and defining a 30-day supply would be January 1, 2025.

The tax rate for medical marijuana products is 10 percent

After paying administrative costs, the tax revenue would be used to fund a local enforcement fund for medical cannabis (20%) and a statewide enforcement funds (10%), which could total $2.5 million annually. The general fund would be supported by the rest.

The maximum THC content in marijuana products cannot exceed 35 percent for flowers; 60 percent for oils, tinctures and concentrates; 3.5g for edibles; and 10 mg for patches.

A petition process would be established for regulators to add other approved methods to the program.

The licensing fees and fines would be paid to the “Medical Cannabis Business Regulation Fund”, which supports the “payment or reimbursement” of costs related to regulation and enforcement of cultivation, testing, distribution, possession, processing, and sale of medical marijuana.

The law also allows the state to enter into intergovernmental arrangements with Indian tribes in order to allow medical marijuana businesses to be established on their territory.

In her January State-of-the-State address, Gov. Laura Kelly (D), stated that legalizing medical marijuana is a commonsense solution to improving health care in Kansas.

She gave the example of , a terminally ill patient whose hospital room was searched by police. He was then given a later-rescinded summons to appear in court for possession of cannabis vape and extract he was using to treat severe pain. Since then, the man has passed away.

Kansas Democrats have reintroduced their call for reform after this story was published. They’ve tried to push medical marijuana legalization during recent sessions, but have not been able to pass it.

During this time, the members of the Special Committee on Medical Marijuana met for their last meeting in December and worked on legislation for the 2023 session.

As part of their work, the panel visited a Missouri cannabis cultivation facility in late 2013. They discussed a wide range of issues they have been discussing with officials, experts, and others over recent months.

The fact that this session’s Senate Federal and State Affairs Committee chair, Sen. Robert Olsen (R), was replaced by this session’s chair by the Senate Federal and State Affairs Committee which has jurisdiction over this bill and the introduction of this new bill, further complicates efforts to pass reform.

Additionally, Rep. John Barker (R), a Republican who was chair of the House Federal and State Affairs Committee and worked on the issue, lost his primary bid last ye and is now out of the legislature.

Jason Probst (D), Assistant Minority Leader (D), and Tom Sawyer (D), the then-House Minority Leader, stated last year that they wanted to let the voters decide whether or not legalization of medical and adult-use marijuana within the state.

For her part, the governor had previously proposed a separate measure that would legalize cannabis and use the revenue to expand Medicaid. Rep. Brandon Woodard (D), filed the measure for the governor.

Kelly stated that she wanted voters to pressure their representatives to pass the reform.

Kelly stated that her administration ” is focused on legalizing medical cannabis to ensure Kansans with severe illness don’t have to suffer” following President Joe Biden’s announcement about pardoning federal marijuana possession offenders and imploring governors.

She said that they would continue to consider all requests for clemency or pardon based on a thorough and comprehensive review of each case.

In 2020, the governor stated that she would not personally advocate for adult-use legalization but she would not rule out signing the reform into Law if it came to her desk.