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Kansas Lawmakers Reject Marijuana Legalization Amendment

February 21, 2024 by Ben Adlin

A Democratic lawmaker presented an amendment during Wednesday’s debate in the Kansas House of Representatives that would have removed all marijuana from the state controlled substances law. This would have effectively legalized it.

A 41-80 vote ultimately defeated the proposal. This result comes at a time when more limited legislation to legalize medical marijuana also faces resistance by some legislative leaders.

Rep. Silas Miller, who introduced the broad amendment on legalization, told his colleagues that the measure was “the first step to having a better conversation” about the issue, as the Senate had refused to discuss it in recent years, despite the fact that voters have shown a strong preference for legalization.

According to a Kansas Speaks survey conducted last fall, 67 per cent of Kansans support the legalization of cannabis for adults over 21.

Miller’s amendment would have made a change to a bill HB2596 that adjusts Kansas’ controlled substance act in order to be in compliance with the federal Controlled Substances Act. This is a process Kansas undertakes every year.

“This amendment essentially removes marijuana–cannabis–from the schedule entirely,” Miller explained.

The proposal does not include any changes that would regulate or legalize the commercial marijuana market.

The House of Representatives previously passed a medical marijuana bill in 2021. However, it did not gain traction in Senate.

Some lawmakers stated Wednesday that it is time to again put pressure on Senate.

Rep. John Carmichael, a Democrat from Kansas, said: “It’s time for the Kansas House of Representatives once again to send a Bill to the Senate. Let them explain to their Constituents why they will not act on it.”

He continued: “Let them tell their constituents how they can ignore their votes, the public opinion, and their own instructions–whether they are veterans who suffer from injuries, or old people who get relief, or people who take chemotherapy, or people who like to drink, and sometimes smoke some weed.” It’s time to listen to our constituents and do what they want. Let the Senate suffer for its inaction.

I tried to bring up the topic of decriminalizing marijuana (again) at the KS Legislature. It was voted down by 41 to 80. Over 70% of Kansans wanted this. Here’s how your representatives voted: pic.twitter.com/iSXpuEL2WH

Silas (@silasjmiller 21 February 2024

Rep. Bill Clifford, the R. sponsor of the drug bill that is the basis for the proposed amendment, called it an unfriendly one and encouraged colleagues to vote against.

Many states are considering legalizing marijuana. He said that marijuana, as you may know, is still classified at the federal level as a Schedule I substance, which has no medical value, and a high potential for abuse. “If you want to have this debate, then you have to thoroughly vet the issue through the committee process. You have to hold hearings. Then, send it over to the Senate, or take similar action.

However, supporters questioned whether the leadership of the legislature would allow that to happen.

, the Senate President of the other chamber, Ty Masterson, who was one of the most vocal opponents to medical marijuana during previous sessions, said late last season that he is open to discussion about a medical marijuana program with a limit.

He said, “I am open to real medical marijuana or palliative treatment.” “I’m open to it. I’m not saying no. “I’m not saying no, I’m just saying that we haven’t done any real studies on dosage and distribution.”

Last month, however, he seemed less open to it, calling the medical legalization “nonstarter, and suggesting that the policy change might lead to an increase in “gang activities” and put children at risk.

He also implied that voters did not understand medical marijuana. Masterson stated that when people think of medical marijuana, they are thinking about palliative medicine and other things.

Masterson has also killed the House-passed 2021 medical marijuana bill. He has downplayed the popular support for adult-use cannabis, suggesting that voters do not understand the policy shift.

The Senate President said, “I think that most people will answer yes if you ask them the question. But they won’t understand what they are actually saying yes to.”

The Senate’s Federal and State Affairs Committee conducted several hearings in 2023 on a medical marijuana reform bill. However, members voted to put it aside.

The Senate committee has withdrawn the medical marijuana legislation. Laura Kelly (D), in a press release, urged the public to call their representatives and demand that the legislation be brought back to action. However, this did not occur before the end the legislative session.

Kelly, who is a long-time advocate of cannabis reform, stated at the time she was “disappointed” that some lawmakers were saying they didn’t want to legalize medical marijuana in this year, effectively turning their backs on veterans, those with chronic pain, and those with seizure disorders.

In her 2023 State Of The State Address, Governor Kathleen Sebelius said there was a “commonsense solution to improve healthcare here in Kansas – and that is to finally legalize medicinal marijuana.”

The governor said that in 2021 she would “enlist the efforts of Kansas residents who truly want this reform” to press their legislators to get it enacted.

In December 2022, members of the Special Committee on Medical Marijuana met for their final meeting on the subject as they prepared legislation for the session in 2023. Sen. Rob Olson, who was the chairperson of the special panel and believed that Masterson had removed him from his position as the chairperson of the Federal and State Affairs Committee for holding the hearings on medical marijuana.

In 2022, the then House Minority Leader Tom Sawyer and Assistant Minority leader Jason Probst both said that they wanted to allow voters to decide whether medical marijuana and adult-use cannabis should be legalized in the state.

Rep. Brandon Woodard filed the measure for the governor.

Kelly stated that following President Joe Biden’s announcement of 2022 pardoning those who have committed federal marijuana possession crimes and urging governors to follow, her administration ” is focused on the legalization of medical marijuana to ensure Kansans suffering from severe illnesses do not suffer any longer.

Kelly said that the department will continue to “consider all clemency requests and pardons based on an in-depth and complete review of each case.”

In 2020, the governor said that she would not personally support adult-use legalization but that she would not rule out signing a reform if it came across her desk.


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The article Kansas Lawmakers reject marijuana legalization amendment first appeared on Marijuana Moment.

Ben Adlin
Author: Ben Adlin

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