Governor Kelly signs affirmative defense bill for low-THC CBD oils


Last update: November 25, 2019


During Kansas’ 2019 legislative session, the state took a small step forward to provide some very limited protections for certain types of low-THC medical cannabis.

The legislature passed and Gov. Laura Kelly (D) signed SB 28, “Claire and Lola’s Law,” into law. The new law provides an affirmative defense for possession of CBD-rich oils with up to 5% THC. Affirmative defenses prevent convictions, but they don’t necessarily prevent a person from being arrested and hauled into court. SB 28 also bars the state Department of Children and Families from removing a child over CBD oil use. However, SB 28 does not allow for legal sale or production of cannabis oils.

After Missouri voters legalized medical marijuana on November 6, 2018, Kansas is now surrounded on three sides by states that have legalized either medical marijuana or marijuana for adults’ use. Gov. Laura Kelly supports medical marijuana for Kansans, but the legislature has failed to act on broader reform. Comprehensive medical cannabis bills (HB 2163, SB 113, HB 2303, SB 195) were proposed, but did not receive votes.

Please click here to ask your lawmakers to support access to medical marijuana in Kansas, which 68 percent of Kansans support.

Kansas passes law allowing CBD products with zero THC

In 2018, Kansas finally passed a law acknowledging the medical efficacy of cannabis for the first time ever, leaving Idaho standing alone as the only state in the union yet to do so. The law, SB 282, was signed by former Gov. Jeff Colyer in May and changed the definition of “marijuana” to exclude cannabidiol (CBD). The bill took effect May 24, 2018.

However, because state law separately bans tetrahydrocannabinols (THC), it is difficult and risky for medical cannabis patients to try to take advantage of this provision, because most CBD products contain at least trace amounts of THC (“hemp” is sometimes defined as 0.3% THC or less). The bill — like SB 28 in 2019 —  did not provide for in-state access to CBD oils in Kansas.

While there are a number of “CBD” products available online or in stores, these products are typically unregulated, and consumers should be cautious. Unfortunately, some products do not actually contain the amount of CBD on the label — or any at all — or they also contain THC or dangerous compounds such as heavy metals. CBD oil sold in licensed cannabis retailers in states like Colorado, with a regulated market, are subject to laboratory testing, but getting to such stores could be costly and onerous for patients in Kansas.

Despite its limitations, this is a significant step forward for Kansas. Hopefully, it is also a step towards meaningful access to regulated and tested medical cannabis, which studies show can provide relief for patients suffering from serious conditions like cancer, multiple sclerosis, and epilepsy and is linked to a 25% reduction in opiate overdose deaths.

Bills reducing penalties for marijuana 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 marijuana 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 marijuana 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 does not impact the penalty for growing marijuana, which is a separate crime.

Given that recent polls show that 63% of Kansans support decriminalizing marijuana 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 marijuana possession.

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