Kansas’ SB 92 would allow registered patients to use, grow, and safely access medical cannabis. If enacted, Kansas would become the 37th medical cannabis state.
Qualifying for the Program
To legally use and access medical cannabis, patients would apply for and receive a medical cannabis card. They could also designate a caregiver to assist them.
To qualify, patients must:
submit a certification from a medical provider; and
have a temporary or permanent disability or illness that: 1) substantially limits their ability to conduct major life activities; or 2) if not alleviated, may cause serious harm to the individual’s safety or physical or mental health.
Patient fees cannot exceed $25 and must be waived in some cases.
Regulators will decide how long ID cards are valid for.
Certifying Medical Professionals
Physicians, advanced practice registered nurses, and physician’s assistants could certify patients. They must first apply for and be granted a certificate and pay a fee.
Permissible Activities and Limits
Patients and caregivers could grow and possess medical cannabis. The secretary may establish limits, provided:
the limit cannot be lower than four ounces or its equivalent every 30 days; and
patients needing more must be allowed to get an exception if they submit two independent medical providers’ certifications with compelling reasons.
Home cultivation regulations may include:
requiring patients to notify the agency if they plan to cultivate;
limiting patients’ flowering canopy to 25 square feet in a secure facility; and
requiring home-grown cannabis to be in the electronic monitoring database and subject to its requirements, and that it be subject to rules for adverse reporting.
Anti-Discrimination Protections
The following types of discrimination would not be allowed based on medical cannabis:
denial of organ transplants or other discrimination in related care;
denial of health insurance;
discrimination in housing;
denial of eligibility for public assistance or social welfare programs; or
discrimination by employers and labor organizations.
Exceptions to the above protections would apply if action was required by federal law or to receive a benefit, license, registration, or the like under federal law.
Patients could not be denied the ability to buy guns or ammo due to medical cannabis.
Students could consume cannabis through non-smoked and non-vaporized means.
Students at post-secondary educational institutions must be allowed to consume and possess cannabis.
The last three protections do not include the federal law-related exceptions.
Courts would not consider the fact that an individual uses medical cannabis in determining custody, residency, or parenting time of a child.
The bill revises workers’ compensation rules to avoid denying benefits based on medical cannabis use.
Licensing and Regulation
A new Kansas Medical Cannabis Agency would be charged with regulating medical cannabis. The secretary of the Kansas Department of Health and Environment will appoint the agency’s director, who will be confirmed by the Senate. Duties include:
establishing policies to track adverse events, product recalls, and complaints;
establishing and maintaining a database to track cannabis from seed to sale;
proposing rules and regulations to implement the act; and
enforcing all standards, including for sanitation, truthful representation, product purity, and to otherwise promote health and welfare.
The secretary will craft rules for security, lab testing, employee training, transportation, manufacturing, dispensing, packaging, labeling, storage, and handling of cannabis.
The bill would also create an 18-member Medical Cannabis Advisory Board, which would include medical cannabis patients, several medical professionals, an attorney, two cannabis industry members, and a representative of law enforcement.
The board will advise on regulations, including related to licensure, security, testing, education, research, transportation, and other matters.
All qualified applicants for grower, processor, dispensary, or lab licenses will be approved. Applicants must be residents of the state for at least two years prior.
The director may impose civil fines and suspend or revoke licenses for violations.
Timeline
Applications for ID cards and licenses will begin on January 1, 2022.
Miscellaneous
The legislation would revise the state’s DUI law so testing positive for cannabis metabolites — which can stay in one’s system for up to a month after last use — is not illegal.
Taxation and Revenue Distribution
A 4% gross proceeds tax will be levied on medical cannabis retail sales.
The revenues will be deposited into a Medical Cannabis Revenues Fund, which can only be used for listed purposes, including medical cannabis research, public health programs, mental health programs, telemedicine programs, high-speed internet connectivity, and property tax relief for those aged 60 or older.
