On Wednesday, the Kansas Senate Committee held the first of two hearings this week regarding a bill to legalize medical marijuana .
The Senate Federal and State Affairs Committee took up the legislation, which it sponsors as a panel. Members heard from both proponents as well as neutral witnesses, who shared their personal experiences with cannabis, and research into its medical potential.
The proposal was supported by people with chronic migraines and spinal injuries as well as academics, veterans, and representatives of industry associations.
Randall Hardy, a former Republican senator from Kansas, testified in support of the bill. He stated that it was “now for the Kansas legislature [to address the need] for expanded medical cannabis use for Kansas seniors and all citizens of Kansas.”
He said, “We hope you would make it easy for seniors across Kansas to have access to medical marijuana through the process that you’re creating.”
Tuck Duncan, a lobbyist from the Kansas Cannabis Industry Association, stated to members of the committee that legislation is “ready and waiting for primetime.”
He said, “Those who are against medical marijuana, quite honestly, in my opinion, is on the wrong side” “If it doesn’t happen this year, it will.”
Kimberly Krueger (secretary of the Kansas Cannabis Coalition) reviewed some suggestions to amend the legislation. She concluded by noting that Kansans support the reform in large part due to polling.
She stated, “It is past due to pass legislation ensuring safe and affordable Kansas products that are tested,” adding that it would create an inclusive industry in the state.
“There is a remedy for my pain. After describing her past with chronic migraines, another witness asked the panel to allow her to use it. “I still have many memories to make. I need your help to create them.
The state Department of Revenue’s director of Alcoholic Beverage Control gave neutral testimony about the proposal. He advised members that the agency is asking for mainly technical changes to the bill.
Doug Jorgensen, the State Fire Marshal, also testified neutrally and stated that “we will have to be able hire some additional personnel and we’ll require additional funding. We were not included in this fiscal note.”
If the legislation becomes law, additional staff will be needed to handle fires and other emergencies when cannabis businesses are being built or renovated.
Senator Tom Holland (D), raised several concerns about the bill in its current form. He said that allowing patients to purchase cannabis plants and seeds could lead to illegal distribution. He said that the bill has a bias against Kansas-based businesses that could be involved in the deal.
On Thursday, another hearing will be held in the panel. Opponents are expected to testify. It is possible that the legislation will be put to a vote on Friday.
Two hearings were held by the committee, with many opponents giving evidence on the topic of marijuana reform.
Chairman Senator Mike Thompson (R), stated that he believed it was important for meetings to be dedicated to the opposing viewpoint because supporters were allowed to weigh in on an earlier form of the legislation at a series special committee hearings last.
A medical cannabis bill was passed in 2021 by the House, but it was blocked in the Senate.
A separate bill for legalizing medical cannabis was also introduced by the committee. It is not known when or if members will take up this proposal.
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, processors, distributors and retailers 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 percent, up to $2.5million per year). 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 a “Medical Cannabis Business Regulation Fund”, which supports the “payment or reimbursement” of costs related to regulation and enforcement of the cultivation and 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.
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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 vapes and extracts 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 is potentially complicating 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.
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The post Kansas Senators Accept Medical Marijuana Legalization Bill In Committee was first published on Marijuana Moment.
