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Which Kansas Cannabis Bill Will You Back ? by Andrew Park , contributing writer
A
very happy 2022 to you ! We made it to the month I have been waiting for ; the Kansas Senate goes back in session at 2 p . m . on January 11th ! Now don ’ t expect any cannabis legislation to take priority , but we should expect to see some movement within these first two months . I am sure that tweets will be sent with updates from Topeka , and rumors will be flying about which way the vote is leaning . To cut through all the noise , I figure , our readers would like to have a cheat sheet for what it all means — a breakdown of the two pieces of cannabis legislature that the Kansas State Senate will hear in the near future .
There are two Senate bills that can be heard in January or February . One is a House Substitute for Senate Bill 158 . The other is Senate Bill 315 . The important aspect to take away from each bill is that they both will create the Kansas Medical Marijuana Program . The differences are in the details . Who will be in charge of regulation ? What types of medicine will be allowed for purchase ? Let ’ s dive into the details and make sure you are well-informed when the bill becomes law .
First up is a quick overview of House Substitute for Senate Bill 158 . This bill creates the Kansas Medical Marijuana Regulation Act . The provisions to address federal rescheduling of marijuana , and to rename the Division of Alcoholic Beverage Control and the Kansas Department of Revenue , as the Division of Alcohol and Cannabis Control . It will also create the terms for employment and discipline of certain medical professionals .
Sounds good , right ? Let ’ s look at how Senate Bill 315 differs in its overview . “ First , provide for licensure and regulation of the cultivation , distribution , sale and possession of medical marijuana ; delegate administrative duties and functions to the Secretary of the Kansas Department of Health and Environment , Secretary of KDOR , the Board of Healing Arts , Board of Pharmacy and the
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Director of ABC . It would impose fines and penalties for violations of the Act . Establish the medical marijuana registration fund and the medical marijuana business regulation fund . Finally creating the crime of unlawful transport of medical marijuana , make exceptions to the crimes of unlawful manufacture and possession of controlled substances .”
Now that you know the general differences between the two bills . It is time to get to the good stuff . The details that will make or break the Kansas Cannabis Industry are based on how well they treat the patient . The qualifying health conditions under Bill 158 : “ Acquired immune deficiency syndrome ( 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 , positive status for human immunodeficiency virus ( HIV ), posttraumatic stress disorder , sickle cell anemia , spinal cord disease or injury , Tourette ’ s syndrome , traumatic brain injury , ulcerative colitis , pain that is either chronic and severe or intractable , and any other disease or condition adopted by the Secretary of KDHE upon petition recommended for approval by the Medical Marijuana Advisory Committee . Any “ person ” may submit a petition to the Medical Marijuana Advisory Committee requesting that a disease or condition be added to the list .”
The exact same conditions are under Senate Bill 315 ; however , there is an added hurdle . “ Debilitating psychiatric disorder that is diagnosed by a physician who is board-certified in the practice of psychiatry , any other chronic , debilitating or terminal condition that in the professional judgment of a physician licensed in the state would be a detriment to the patient ’ s mental or physical health if left untreated .” Not all doctors are boarded in this area , possibly limiting patient access to medical cannabis .
What should stand out the most to you , is how both bills handle licensing and what forms of medicine will be allowed in Kansas . One of the more troubling aspects of who is eligible for licensing are people “ Who have not been convicted of a felony under the laws of Kansas , or any other state in the U . S .” This means a non-violent possession charge would deem someone ineligible for a cultivation license . While there are many ways around this aspect of the act , it falls a little tone-deaf on what the state should be trying to accomplish . As for what is legal to consume as medicine , both bills allow the following : “ Oils , Tinctures , Plant material , Edibles , Patches , and any other form approved by the Secretary of Revenue .” This means no vaping or combustion or even smoking of medical cannabis would be allowed by the state . I have stated in previous articles how terrible this idea is , so I won ’ t harp on it too much here . That being said , it is the worst mistake the state has made .
In closing , I want to point out that this article was written with the foundation of an incredible table found at
www . khi . org — the Kansas Health Institute ’ s website . I strongly encourage you to read the table for every detail of each bill and see which you favor more . Then write to your representatives and let them know which bill suits you best . Kansas is one of the last states to legalize any form of cannabis . They need to get it right and have very little excuse to have any costly mistakes .
Thank you for reading and taking action .
Andrew Park is the Director of Regulatory Affairs for a clinical research company based in KC . His years of experience in research have shown him the importance that treatments can always be improved . A Kansas City native , Andrew wants to serve his community through education on topics that ignite conversations . Questions ? Contact at andrewkcpark @ gmail . com .