Kansas

WHAT IS KANSAS'S CURRENT CANNABIS MARKET STATUS?

Content Below Last Updated by Point7 2/22/22

The Kansas Senate has introduced a medical cannabis bill that they may consider the 2022 session. The KS SB158 was introduced on February 4th,2021 and within the act, it addresses health and healthcare, enacting the Kansas Medical Marijuana Regulation Act. The passing of this act would enable the licensure and regulation of the manufacture, transportation and sale of medical cannabis; make it unlawful for illegal transport and storage of medical cannabis, and exceptions to the unlawful manufacturing and possession of a controlled substance, prescribing powers, duties and functions of the Secretary of Health and Environment, Secretary of Revenue, Board of Healing Arts and Board of Pharmacy. The KS SB158 provides rules and regulations surrounding a medical cannabis program including providing certain fines and penalties for violations, establishes the medical cannabis fund, medical cannabis cultivation regulation fund, and the medical cannabis business entity regulation fund, which allows counties to prohibit retail dispensaries and licensed facilities. 

WHAT ARE KANSAS'S CANNABIS LAWS?

Here are some things you should know about the Kansas SB 158 bill:

• Qualifying Conditions: To qualify for the Kansas medical cannabis program, patients must have a qualifying condition, apply for and receive a medical cannabis card and pay a fee up to $50.00. The qualifying conditions listed in this bill include: HIV/AIDS; Alzheimer's disease; amyotrophic lateral sclerosis; cancer; chronic traumatic encephalopathy; Crohn's disease; epilepsy or another seizure disorder; fibromyalgia; glaucoma; hepatitis C; inflammatory bowel disease; lupus; multiple sclerosis; Parkinson's disease; post-traumatic stress disorder; sickle cell anemia; spinal cord disease or injury; Tourette's syndrome; traumatic brain injury; ulcerative colitis; and pain that is either chronic and severe or intractable. Additionally, the secretary of health and environment can add or remove these qualifying conditions upon the petition recommended for approval by the medical marijuana advisory committee.
• Legal Protections: The Kansas SB158 protects qualifying patients, caregivers, and medical cannabis establishments, and their staff from criminal or civil penalty actions. Qualified and registered patients may possess up to a 30-day supply of medical cannabis. Caregivers may also possess up to a 30-day supply of medical patients on behalf of their patient equalling three ounces or its equivalent. If you are not a resident of Kansas, you may also purchase medical marijuaana with a medical cannabis card from another state that has a medical cannabis program. In addition to these basic protections, the bill also includes a non-discrimination provision for child custody and organ transplantees. 
• Physicians Role: To qualify to be a certified physician for the medical cannabi program you must obtain a certificate from the board of healing arts, meet the qualifications the board establishes,  complete at least two hours of medical cannabis continuing education annually, and pay an annual fee of $175.00. All physicians must renew the certificate to recommend annually. Additionally, Physicians who have a certificate to recommend medical cannabis may recommend medical cannabis to a patient if the patient has an on-going relationship that has existed for at least six months. 
• Caregivers: A registered patient may designate two registered caregivers to pick cannabis up for them. If the patient is a minor, their parent or legal guardian must be designated as the registered caregiver of the minor. All registered caregivers must be at least 21 years of age, except if the caregiver is the parent or legal guardian of a patient who is a minor. A registered caregiver can assist no more than two patients at one time.
• Limitations/Penalties: Registered medical patients may only be dispensed in the following forms: oils, tinctures, plant materials, edibles, transdermal patches, or forms approved by regulator. In addition, flower cannabis can not exceed 35% THC, and extracts can not exceed 70%.

WHAT IS KANSAS'S CANNABIS LICENSING TIMELINE & CANNABIS APPLICATION PROCESS?

Originally, the bill was to be heard in the Senate Federal and State Affairs Committee, however the Senate President has moved the bill to the Senate Interstate Cooperation Committee, which has not been scheduled yet for a hearing.

WHAT IS THE HISTORY OF CANNABIS IN KANSAS?

Kansas is a strict state when it comes to cannabis. Originally, it was prohibited in 1927 and not much has progressed since then. Possession of cannabis has a fairly harsh punishment as the first possession charge of less than 450 grams (16 oz) results in a misdemeanor with a 1-year incarceration sentence and a $2,500 fine maximum.

In 2015, Shona Banda was a resident of Garden City, KS and used medical cannabis to help with her painful Crohn’s disease. She was arrested for five felony charges related to cannabis use and her son was seized from her and taken into Child Protective Services. Banda’s arrest sparked debate and outrage over harsh cannabis laws in Kansas.

In June of 2021, a bill to legalize medical cannabis filed by several Kansas House lawmakers did not advance during a short special session. The legislation did not get raised by the Republican-led legislature and died in committee.

DOES KANSAS HAVE A HEMP PROGRAM?

K.S.A 02-3908 states it is unlawful to manufacture, market, sell or distribute certain hemp products in Kansas. Additionally, it states it is unlawful to market, sell or distribute certain hemp products in Kansas without being a registered hemp processor or commercial industrial hemp producer. Persons seeking to cultivate or produce industrial hemp must be licensed by the Kansas Department of Agriculture (KDA) as a commercial industrial hemp producer pursuant to K.S.A. 02-3901 et seq.  The application deadline for the 2022 growing season is March 15, 2022.

PREPARING FOR THE ALABAMA CANNABIS MARKET

We are ready to support your team as you prepare for cannabis licensure in Kansas. Contact Point7 to discuss the fully customizable products and service packages available that have proved successful for operators around the country.