Kansas lawmakers have scheduled three conferences beginning this week that are supposed to inform laws to legalize medical marijuana within the state that might be voted on in 2023.
Members of the Particular Committee on Medical Marijuana, which a bicameral legislative panel fashioned in June, are set to listen to from state officers, regulation enforcement, advocates and opponents as they work to finalize a reform invoice for subsequent yr’s session.
The primary assembly will happen on Wednesday. An agenda says that there will probably be basic dialogue about medical hashish laws and tax and price buildings, adopted by testimony from representatives of state companies, regulation enforcement and native governments.
Subsequent week, on October 19, the committee will take feedback on the “public coverage implications” of medical marijuana legalization from supporters, opponents and impartial events.
Then on November 16, members will talk about and finalize committee suggestions for the total legislature, which will probably be used to tell the provisions of a legalization invoice for the 2023 session.
Whereas advocates had been upset that lawmakers had been unable to go a medical hashish invoice by the top of the 2022 session in Could—regardless of appreciable momentum and the assist of Gov. Laura Kelly (D)—the hope is that the committee’s work will lay the groundwork for significant motion when the legislature convenes once more.
The particular panel is comprised of members appointed by the Home speaker and Senate president.
Home Minority Chief Tom Sawyer (D) stated in June that he’s “been fairly annoyed that we’ve got but to get a invoice handed,” whereas acknowledging that the Home voted to legalize medical marijuana final yr solely to see a relative lack of motion within the Senate.
The Senate did maintain a number of hearings on hashish reform this yr, however members by no means received round to scheduling a vote. Late within the session, legislative leaders fashioned a bicameral convention committee that was tasked with arriving at a deal that would go each chambers, though that didn’t pan out by the point lawmakers adjourned.
Democratic lawmakers made a closing push to enact medical hashish legalization earlier than the legislative deadline, however Senate Federal and State Affairs Committee Chairman Robert Olson (R) stated in Could that the “heavy load” his committee needed to keep it up different points meant that lawmakers wouldn’t be “getting this measure throughout the end line this session.”
Members of the Home and Senate Federal and State Affairs Committees held two public convention conferences in April to debate a technique to merge the Home-passed medical marijuana invoice with a separate one which Senate lawmakers started contemplating this yr. On the final official assembly, lawmakers from the Home facet went by way of areas the place they had been keen to concede to variations within the different chamber’s invoice, in addition to provisions they needed to maintain from their very own measure.
On the whole, the 2 chambers’ proposals had been already pretty related, sharing quite a few key provisions.
Right here’s an outline of the important thing provisions the place the bills from the Home and Senate already overlapped:
Sufferers with any of greater than 20 qualifying circumstances—together with most cancers, glaucoma, a number of sclerosis, Parkinson’s illness, post-traumatic stress dysfunction, and autoimmune problems—could be eligible for medical hashish.
Sufferers could be entitled to acquire a 30-day provide of medical hashish merchandise at a time.
Possession of as much as 1.5 ounces of marijuana by an individual who isn’t registered as a affected person could be decriminalized, punishable by a most effective of $400.
Sufferers’ medical hashish suggestions could be legitimate for 90 days, after which level a doctor may renew the suggestions for 3 further intervals. Then extensions might be approved following a bodily examination of the affected person yearly.
Medical hashish gross sales could be topic to the state gross sales tax of 5.75 %, with the choice of including an area tax.
A number of regulatory our bodies could be in command of administering this system. The state Division of Well being and Setting, Board of Therapeutic Arts, Board of Pharmacy and a renamed Alcohol and Hashish Management division would every play a job within the rules.
The laws would additionally set up a medical marijuana advisory committee to assist oversee this system and problem suggestions.
The invoice requires 5 totally different license sorts: cultivators, processors, laboratories, distributors and retailers. Folks could be rendered ineligible for a medical marijuana licenses in the event that they’ve been convicted of a felony, except that conviction was expunged at the very least 10 years earlier than the applying is submitted.
There would even be a 35 % THC cap on marijuana plant materials.
Counties would be capable to enact native bans on allowing marijuana retailers from working inside their jurisdictions by way of the undertake of a decision.
With respect to fairness provisions, there doesn’t look like an express pathway for expungements.
—
Marijuana Second is monitoring greater than 1,500 hashish, psychedelics and drug coverage payments in state legislatures and Congress this yr. Patreon supporters pledging at the very least $25/month get entry to our interactive maps, charts and listening to calendar so that they don’t miss any developments.
Be taught extra about our marijuana invoice tracker and turn into a supporter on Patreon to get entry.
—
Listed below are among the modifications that the Home stated it was keen to simply accept from the Senate invoice:
Pushing again the efficient date of the regulation and deadlines for its implementation.
Eradicating a 70 % THC cap on hashish concentrates.
Out-of-state sufferers would have reciprocity to each possess and buy marijuana in the event that they’re registered with their state.
Stopping discrimination in actual property transactions to lease or promote property to registered medical marijuana sufferers.
Maintain the Senate’s licensing utility necessities, phrases of licensing and guidelines on the place hashish companies can function.
Requiring sure safety measures at medical marijuana companies.
Requiring the state to enter into agreements with tribal governments with a purpose to trade hashish.
Medical doctors wouldn’t have to begin “prescribing,” relatively than recommending, medical marijuana if the federal authorities reclassifies hashish.
Listed below are some areas the place the Home insisted on its model, or supplied a compromise:
Sustaining a lot of the listing of qualifying circumstances for medical marijuana, which incorporates greater than 20 illnesses, however maintaining its extra restricted language and eradicating glaucoma.
Permitting individuals to obtain a medical marijuana enterprise licenses after at the very least three years of residency in Kansas. The unique Home invoice referred to as for 4 years, whereas the Senate had two years.
Permitting regulators to create a novel cost course of system for hashish gross sales in coordination with the state treasurer.
Preserving a $500 license price for related staff of medical marijuana companies, however decreasing charges for different worker sorts.
Preserving state and native licensing eligibility necessities as acknowledged within the Home invoice.
There have been some further excellent objects that members hadn’t fairly selected as of April’s assembly and stated they wanted further time to work. These points are associated to promoting necessities, guidelines for cultivation services, licensing charges, making a pilot program for medical hashish and employment discrimination.
After his Home counterpart went by way of the listing of provisions and proposals on the April listening to, Olson signaled that members could be going again to management to see the place the chambers can come to an settlement after which “talk about this at a later date” in convention. That by no means got here to fruition, nevertheless, and in order that’s why lawmakers are actually taking steps to arrange motion for subsequent yr.
Sawyer and Assistant Minority Chief Jason Probst (D) stated in January that they needed to let voters determine on legalizing medical and adult-use marijuana within the state.
The governor, for her half, needs to see medical hashish legalization enacted, and she or he stated earlier this yr that she “completely” thinks the invoice may go if “all the things else doesn’t take up all of the oxygen.”
She beforehand pushed a separate proposal that will legalize medical hashish and use the ensuing income to assist Medicaid growth, with Rep. Brandon Woodard (D) submitting the measure on the governor’s behalf.
Kelly has she stated she needs voters to place strain on their representatives to get the reform handed.
The governor additionally stated in 2020 that whereas she wouldn’t personally advocate for adult-use legalization, she wouldn’t rule out signing the reform into regulation if a reform invoice arrived on her desk.
Picture courtesy of Mike Latimer.