Legislature fails to act — again — on cannabis policy reform

Kansas is one of only 12 states that lacks a comprehensive medical cannabis law and one of only 19 states that still punishes simple possession of cannabis with jail time. Its 2023 legislative session has ended, so 2024 is the soonest that cannabis policies can be improved in the Sunflower State.

In 2021, the Kansas House of Representatives passed a medical cannabis bill, which carried over to 2022’s legislative session. Gov. Laura Kelly (D) has been a vocal supporter of medical cannabis. However, the Senate failed to enact medical cannabis before the legislature adjourned its two-year session in 2022.

The Senate hosted a series of hearings in 2022 to develop a comprehensive medical cannabis bill for the 2023 session. As a result, SB 135t was introduced to create a program for patients with debilitating ailments. However, the bill failed to get out of committee after opponents frightened legislators with dubious claims of the dangers of cannabis, often conflating recreational and medical as the same issue. Kansas has a two-year legislative session, so there will be another opportunity for this legislation to proceed in 2024.

Until the legislature enacts medical cannabis legislation, the patients of Kansas will continue to have to turn to the illicit market and risk the dangers, from both law enforcement and unregulated products, that market entails. Let your senator and state rep know that you support a compassionate medical cannabis program for Kansans!

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ACLU study shows racially disparate enforcement

An ACLU report found that in 2018 Black people were 4.8 times more likely to be arrested for cannabis possession than white people in Kansas, despite the fact that both races consume cannabis at about the same rate. In fact, Kansas ranks 12th in the nation for largest racial disparities in cannabis possession arrests.

You can let your legislators know you support decriminalization or ending prohibition completely.

While legalization does not eliminate disparities, it dramatically reduces the total number of cannabis arrests — and thus the damage done by unequal enforcement. Decriminalization is a more modest step, typically involving a civil fine instead of possible jail time. It stops  incarcerating and arresting individuals for simple possession, but does not eliminate penalties or police interactions. Encouragingly, five of the seven states with the lowest disparities had previously enacted legalization laws.

Bills reducing penalties for cannabis and paraphernalia possession passed in 2016 and 2017

During the 2016 session, the Kansas Legislature enacted HB 2462, which took effect on July 1, 2016. It reduced penalties for first-time cannabis possession by half, from one year to six months in jail. A second offense was reduced from a felony to a misdemeanor with a maximum sentence of one year.

A lengthy bill that included a minor penalty reduction, SB 112, passed during the 2017 session and took effect May 18, 2017. It reduced the maximum penalty for possession of cannabis paraphernalia (such as grow lights) used to cultivate five or fewer plants from one year in jail and/or a $2,500 fine to six months in jail and/or a $1,000 fine. This change did not impact the penalty for growing cannabis, which is a separate crime.

Given that polls show that 63% of Kansans support decriminalizing cannabis and imposing a civil fine, there is tremendous support for a further step — eliminating criminal penalties altogether. If you agree, ask your legislators to remove criminal penalties for cannabis possession.

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