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Marijuana Legislation and
Other Information

This page contains information about marijuana legalization and the related efforts in Kansas.
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Systematically Testing the Evidence on Marijuana Posted 12/22/22
  • Cannabis Use in Pregnancy-View the Evidence Last Updated Dec 2021
  • Cannabis for Chronic Pain-View the Evidence Last Updated Oct 2021
  • Cannabis for PTSD-View the Evidence Last Updated Oct 2021
  • Pharmaceuticals for Cannabis Use Disorder-View the Evidence Last Updated November 2021
  • Prevalence and Incidence of Cannabis Use Disorder-View the Evidence   


Medical marijuana laws in Colorado will be more strict starting Jan. 1 Denver Post 11/11/21
Colorado will impose stricter rules for the purchase of medical marijuana starting Jan. 1 following several months of deliberation over how to execute a new state law meant largely to limit young people’s access to and abuse of high-potency THC products.
Changing drug laws means changing training for police K-9 units KCTV 5 News 11/10/21
Police departments across the country are looking ahead and making changes when it comes to their K-9 officers, all because drug laws are changing. Many departments are deciding new dogs should not detect marijuana. 
Kansas House Passes Medical Marijuana Bill on May 6, 2021
On May 6, the Kansas House passed House substitute for SB158, the medical marijuana bill 79-42. The bill now goes to the Senate where it was declared “substantially changed” which means it is not subject to a simple "concurrence" with the House amendments but will now go to the Senate Federal and State Affairs Committee for a hearing before being considered further by the Senate. This won't happen until the 2022 session.
See the bill at this link.         See the bill explainer at this link.
Colorado Legislature Attempting to Limit THC content and fix other problems in their medical marijuana laws. Committee Hearing is scheduled for May 18.
Summary of Colorado HB21-1317 is available at this link.
Colorado HB21-1317 can be reviewed at this link.
US House Passes Marijuana Banking Bill 4/20/21
This week, the House passed a bill that would give state-authorized marijuana businesses easier access to banking services.
See the bill at this link.
As Legalization Spreads, Mother Warns About the Dangers of High-Potency Marijuana That Addicted Her Teenage Son 74million.org 4/13/21
​Now that marijuana legalization is spreading across the country, Colorado’s troubling experiences with high-potency marijuana, and current efforts to control potency, can offer a cautionary tale for other states legalizing recreational marijuana like New Mexico, New York and Virginia. With a complex regulatory process ahead, these states have the opportunity to get it right from the start.
A founding father of legal pot reveals regrets Denver Gazette 4/4/21
Article written by an attorney who played a prominent role in getting recreational pot legalized in Colorado. It contains the astounding admission that "the outcome of 64 is shameful, hurts people, and Colorado is not safer.” Although he is still in favor of some type of legalization, he provides a scathing assessment of how the commercial pot industry operates to the detriment of all Colorado citizens. Although he does not address the issue of "medical marijuana", all of his arguments apply equally since the same companies operate in the same way, medical or not.
https://gazette.com/opinion/a-founding-father-of-legal-pot-reveals-regrets-perspective/article_a5fe245e-9245-11eb-bbc9-67b202c2c04c.html 
2021 Medical Marijuana Bill-Updated 3/31/21
What started as HB2184 is now House Substitute for SB158.
House Substitute SB158 is now available at this link.

UPDATE: On April 6, 2021, SB154 was withdrawn from House Calendar and rereferred to Committee on Federal and State Affairs. It is not clear why this was done. However, there has been no further action on the bill since the move. It it not out of the question the bill could still see debate during the Veto Session starting May 3.

The House Fed and State Committee added several amendments to HB2184 on March 29, then closed debate by calling the question while several good amendments were pending. They then placed the amended bill into SB158 as a substitute bill. This sets the bill up to be voted on in the House, and if passed will go to conference committee. This sets the bill up to potentially pass the Senate with no hearing and no amendments, but only if the Senate agrees to do that.

As of April 1, the Supplemental Note explaining the revised bill has not been published. You can check at this link for the supplemental note. It will be listed at the top of the document list and titled "House Substitute for SB158" with a link under the column titled "SN."

The amendments to the bill that were added were done in the following order:
  1. Carpenter 1 NOTE: This amendment was voted on page by page. I have notes on each page for the results, including a few amendments to the amendment. An additional amendment made to the bill at this link: Carpenter-Eplee amendment to Carpenter 1.    
  2. Garber Many of these amendments were industry driven. Look here for some of the troubling amendments.
  3. Eplee 1 
  4. Eplee 2 
  5. Eplee 3 
  6. Hoye 
  7. Smith 
The above amendments are listed in the order they were adopted. Where two amendments cover the same thing the later amendment prevailed.
​How state marijuana legalization became a boon for corruption Politico 12/27/20
In the past decade, 15 states have legalized a regulated marijuana market for adults over 21, and another 17 have legalized medical marijuana. But in their rush to limit the numbers of licensed vendors and give local municipalities control of where to locate dispensaries, they created something else: A market for local corruption.
US Senate passes Marijuana Research bill 
​On December 15, 2020, the US Senate passed the Cannabidiol and Marihuana Research Expansion Act, S.2032. The bill provides better access to marijuana for medical research, establishes rules to control diversion of marijuana from the research project, and focuses on medical use research under FDA approval processes for medicine.
On December 9, 2020, the US House passed the Medical Marijuana Research Act, H.R.3797. This bill amends the Controlled Substances Act to make marijuana accessible for use by qualified marijuana researchers for medical purposes, and for other purposes. No action yet in Senate.
US House passes marijuana legalization bill 12/5/20
On December 4, 2020, the US House passed the MORE Act, H.R.3884, 228-164. 222 democrats, 5 republicans, and 1 independent voted in favor. 6 democrats and 158 republicans voted against it. The bill now goes to the Senate where it is not expected to see action.

The bill includes the following provisions:
  • removes marijuana from the list of scheduled substances under the Controlled Substances Act and eliminates criminal penalties for an individual who manufactures, distributes, or possesses marijuana.
  • replaces statutory references to marijuana and marihuana with cannabis,
  • requires the Bureau of Labor Statistics to regularly publish demographic data on cannabis business owners and employees,
  • establishes a trust fund to support various programs and services for individuals and businesses in communities impacted by the war on drugs,
  • imposes a 5% tax on cannabis products and requires revenues to be deposited into the trust fund,
  • makes Small Business Administration loans and services available to entities that are cannabis-related legitimate businesses or service providers,
  • prohibits the denial of federal public benefits to a person on the basis of certain cannabis-related conduct or convictions,
  • prohibits the denial of benefits and protections under immigration laws on the basis of a cannabis-related event (e.g., conduct or a conviction),
  • establishes a process to expunge convictions and conduct sentencing review hearings related to federal cannabis offenses, and
  • directs the Government Accountability Office to study the societal impact of cannabis legalization.
​Interactive Map of Drug Overdose Deaths From Rehabaid.com  
NEW National Marijuana Initiative 
​
​NEW International Academy on the Science and Impact of Cannabis     
Link to SAM (Smart Approaches to MJ)
  Home Page 
  Local Control 
  MJ as Medicine   
    Health Org Positions 
  Driving & MJ   
  MJ & Businesses 
  Decriminalization 
  MJ and Opioids 
  MJ and Mental Health 

  Rescheduling 
  MJ & Prison 
  Claims vs Science

Rocky Mountain HIDTA MJ Reports at this link.

Kansas Health Institute
  • Medical MJ Policy Considerations (April 2019)
  • Health Impact Assessment (March 2017)
  • Potential Effects of Legalizing Medical MJ (Sep 2015)
Picture
-----As of December 15, 2020----- Click to Enlarge
2020 Data from In-School Surveys of 8th-, 10th-, and 12th-Grade Students   12/15/20
New data from the University of Michigan's Monitoring the Future study has found stagnant levels of drug use among 8th, 10th, and 12th graders this year, as social disruption and more parental monitoring from the COVID-19 pandemic are likely partial reasons for this finding. But several statistics were nonetheless alarming.  Increases in daily marijuana use among 12th graders continue to trend upwards, at 6.9% in 2020, versus 5.8% in 2018. And daily use among 8th graders is still 50% higher than it was just two years ago, and 30% higher among 10th graders. When looking at even longer-term trends, the numbers get more disturbing. 
SAMS One Page Brief on Medical Marijuana 10/1/20
See document at this link.
New Report: California Regulations Fail to Protect Youth From Marijuana Industry
Regulations on the marijuana industry in California have fallen well short of protecting youths from the drug. The study also found several hypocrisies in marijuana regulations when compared to regulations and campaigns working to reduce youth tobacco use.
See article at this link                    See more information at this link

2020 Marijuana Legislation
HB2740 and HB2742 were introduced in the House within days of each other. HB2740 is the bill most likely to get attention. However, the COVID-19 issue has put marijuana on the back burner, but it still could get legs when the legislature returns to wrap up the session.

The bills follow the Ohio format of medical marijuana which does not allow smoking it but does allow vegetation, consumables, and ointments. Allowing vegetation and thinking people aren't going to smoke it seems like a pipe dream. (Pun intended.)

More bill details will be posted soon.

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2020 Hemp Legislation
SB345 was introduced to address a change in Federal Regulations on the disposal of industrial hemp that exceeds the 0.3% THC content. It passed the Senate 36-3 but has lingered in the House Agriculture Committee due to delays in committee action created by the shortened regular session. It is possible this bill would get acted on when they return, if they take up any further committee action.
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2020 THC Legislation
HB2709 and SB449 propose allowing up to 0.3% THC in products derived from cannabis. HB2709 did not have a hearing in the House Agriculture Committee. SB449 had a hearing and the Senate Agriculture Committee wanted changes made to it to address the concerns of law enforcement. The shortened session prevented the Committee from acting on the recommended changes. Both bills remain in committee. 
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A Kansas Twist: The Rapidly Changing National Marijuana Debate  How Is it Impacting the Discussion in Kansas? | February 21, 2019
This is a report from the Kansas Health Institute

Also see the KHI briefs:

2019 brief, Medical Marijuana: Policy Considerations, summarizing the national landscape of state marijuana laws and an overview of research findings related to the effects of marijuana; and the 2015 report Potential Health Effects of Legalizing Medical Marijuana.
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FBI Will Not Run Background Checks On Missouri Medical Marijuana Employees Without Legislation
The Kansas City (MO) Star  (1/30, Thomas) reports, “Hundreds of hopefuls are expected at job fairs for the medical marijuana industry within the next week, but one legal hiccup may stand in their way of employment.” According to the Star, “Last May, the Federal Bureau of Investigation (FBI) informed the Missouri Department of Health and Senior Services (DHSS), which licenses and regulates the state’s fledgling medical marijuana industry, that it will not have access to its national fingerprint background check database.” The Star adds, “The FBI’s reluctance was revealed during a legislative hearing Wednesday for a bill that is attempting to fix the situation.” The bill “was requested by DHSS, which was told by the FBI that it will reconsider access if the state passes a law that codifies the need for the background checks.”


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Illinois Supreme Court considers whether to prohibit police searches based on the smell of raw marijuana Chicago Tribune 1/17/20

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MARIJUANA LEGALIZATION IN THE UNITED STATES: A SOCIAL INJUSTICE
UNIVERSITY
of PENNSYLVANIA JOURNAL of LAW & PUBLIC AFFAIRS 1/6/20


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Current Status of Hemp, CBD, THC, Marijuana  A report and update from the KBI.

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US House Judiciary Committee votes to decriminalize marijuana
On 11/20/19 the US House Judiciary Committee approved a proposal to decriminalize marijuana 24-10 after more than two hours of debate. The proposal would decriminalize marijuana at the federal level by removing it from the Controlled Substances Act and allow states to set their own marijuana policy.
Article at this link.


Text of Bill at this link.

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Hemp or pot? Local police finding it difficult to differentiate between hemp and marijuana Bristol Herald Courier 11/16/19

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SAM STATEMENT: New HHS Data Confirms Some of Our Worst Fears About Marijuana Normalization
The Substance Abuse and Mental Health Services Administration released the 2018 Annual National Survey on Drug Use and Health (NSDUH), the most comprehensive survey on drug use. According to the survey, 45,000 more teenagers are regularly using the drug, marijuana users are more likely to abuse opioids than non-users, and levels of marijuana use disorder continue to rise.


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Colorado Courts Rule Officers Must Have PC Prior to Using a Marijuana Trained Dog
On May 20, 2019, the Colorado Supreme Court ruled police must have probable cause prior to utilizing a marijuana smelling drug dog.
Thankfully, they based this on the Colorado State Constitution. It does not apply to Kansas law enforcement, but this is a scary precedent in a neighboring state as Kansas faces a strong push to legalize medical marijuana.
Read this
article from the Colorado Sun on May 21, 2019, talking about some of the unintended legal consequences with this ruling.
Read the Colorado v McKnight Supreme Court Decision at this link.  
 


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New studies say legalizing marijuana will not result in lower opioid addictions.
Read the
Article in The Atlantic at this link.
See the recent study at this link.


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Where does Colorado’s marijuana tax money go? The state made a flow chart to answer the $1 billion question. Colorado Sun 6/12/19

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What Advocates of Legalizing Pot Don’t Want You to Know NY Times 1/4/19

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Danger: Marijuana Use During Pregnancy  7/24/18

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2018 Legislation to Attempt to legalize marijuana
Update April 27, 2018
The conference committee report modifying SB282 as described in the April 5 update below, has passed the Senate 39-0. It will now go to the Governor for consideration.

Update April 6, 2018
The conference committee report modifying SB282 as described in the April 5 update below, has passed the House 120-0.

Update April 5, 2018
Through the work of our associations and KBI, the conference committee has adopted language that will better define and limit the scope of what the House proposed legalizing in their amendment to SB282. The House passed a provision to legalize all cannabinoid products, but the amended language will limit this to only Cannabidiol. So other cannabinoids are not legalized under the amended language. Also the presence of THC in any amount will render the product still illegal. The amendment also adds the chemical technical description to clarify the limited scope of the legalization.


March 16, 2018
The House Health and Human Services Committee has amended SB282 by adding a provision to legalize cannabinoid products containing no THC. SB282 is the annual drug schedule update bill. No hearings were held specifically on the CBD issue. An out of state company manufacturing CBD oils heavily lobbying the legislature to make this amendment. Their product is like those sold in convenience stores and health supplement stores. The bill passed the House 121-3 after numerous legislators spoke about medical benefits from these products experience by themselves, family, and constituents.

The AG Opinion on CBD prompted an additional legislative attention on this issue this year.

The KBI, the KSA, KACP, and KPOA will be working this issue and voicing our concerns for this provision.

During floor debate on SB282 updating the drug schedules, Rep. Holsher made a motion to amend the bill to include the provisions of SB187, which would legalize medical marijuana sold through corner headshops. The bill was introduced last year and has not had a hearing. It has some troubling provisions in it.

Here is the voting record on it:


Yea - (54):Alcala, Aurand, Ballard, Becker, Bishop, Brim, Burroughs, Carlin, Carmichael, Clayton, Crum, Curtis, Deere, Dierks, Finney, Frownfelter, Gallagher, Gartner, Good, Helgerson, Henderson, Highberger, Hodge, Holscher, Horn, Judd-Jenkins, Kessinger, Koesten, Kuether, Lusk, Lusker, Mastroni, Miller, Murnan, Neighbor, Ohaebosim, Ousley, Parker, Phelps, Pittman, Probst, Rooker, Ruiz, Sawyer, Schreiber, Sloan, Stogsdill, Trimmer, Victors, Ward, Weigel, Whipple, Winn, Wolfe Moore,

Nay - (69):
Alford, Arnberger, Awerkamp, Baker, Barker, Bergquist, Blex, Burris, Carpenter, Clark, Concannon, Corbet, Cox, Davis, Delperdang, Dietrich, Dove, Elliott, Ellis, Eplee, Esau, Finch, Francis, Garber, Hawkins, Hibbard, Highland, Hineman, Hoffman, Houser, Huebert, Humphries, Jacobs, Jennings, Johnson, Jones, Karleskint, Kelly, Landwehr, Lewis, Markley, Mason, Orr, Osterman, Patton, Phillips, Powell, Proehl, Rafie, Rahjes, Ralph, Resman, Ryckman, Schroeder, Seiwert, A. Smith, E. Smith, Sutton, Swanson, Tarwater, Thimesch, Thompson, Trimboli, Vickrey, Waymaster, Weber, Wheeler, Whitmer, Williams,

Present but not Voting - (0):

Absent and Not Voting - (2): Claeys, Schwab,

Not Voting - (0):


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Easing access to marijuana is not a way to solve the opioid epidemic   

Other warnings from medical professionals: the recent editorial published in the Journal of the Society for the Study of Addiction, which cautions against drawing erroneous conclusions from population studies, and the editorial comment from the American Society of Addiction Medicine on February 20, 2018. And don't forget NIDA's rigorous study showing pot users are twice as likely to have abused opioids and have an opioid use disorder than non-marijuana users. 
 
SAM has published a one-pager describing the overwhelming link between marijuana and opioid abuse. While not every marijuana user will go on to use heroin, nearly all heroin users previously abused marijuana. We need smart policies that discourage use, get people back on their feet, and restore people to participate in and contribute to society. States that have legalized marijuana, by contrast, see increased drugged driving, increased arrests of minority youth, and increased emergency room visits. Colorado's opioid deaths have doubled between 2011-15. Legalization is a failed experiment.

From a SAM e-mail.


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Studies link legal marijuana with fewer opioid prescriptions
"The new studies don't directly assess the effect of legalizing marijuana on opioid addiction and overdose deaths. Instead, they find evidence that legalization may reduce the prescribing of opioids. Over-prescribing is considered a key factor in the opioid epidemic.​"
​"The two studies have some limitations, Dr. Kevin Hill of Harvard Medical School and Dr. Andrew Saxon of the University of Washington in Seattle wrote in an accompanying editorial. For one thing, they don't reveal whether individual patients actually reduced or avoided using opioids because of the increased access to marijuana. The findings in Medicaid and Medicare patients may not apply to other people. And the results may have been skewed by some characteristics of the state populations studied, they wrote."


Then there is this information from Colorado:
More Coloradans died last year from drug overdoses than any year in the state’s history. That shows how the opioid epidemic is changing
Denver Post April 4, 2018
https://www.denverpost.com/2018/04/04/colorado-drug-overdoses-opioid-deaths-hit-high/

 
Heroin Deaths in Denver Up 933 Percent in 14 Years, Colorado Numbers Shocking
Westword March 6, 2017
http://www.westword.com/news/heroin-deaths-in-denver-up-933-percent-in-14-years-colorado-numbers-shocking-8847581
 
A study in American Journal of Psychiatry with an opposite finding:
https://ajp.psychiatryonline.org/doi/full/10.1176/appi.ajp.2017.17040413


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Marijuana in Colorado: A warning about dabbing He was a 23-year old young professional with no history of depression or mental illness.
Yet, earlier this year he killed himself. Dr. Kari Franson, associate dean at the University of Colorado School of Pharmacy, says dabbers are "getting 80, 90 percent THC in a concentrated oil. And when they smoke it, they're taking in 600-to-800 milligrams of THC."  The article notes that’s compared to a limit of 10 milligrams in each serving of an edible in Colorado, or maybe 25 milligrams of THC in a typical marijuana cigarette.


Toxicant Formation in Dabbing: The Terpene Story.

Cannabis-induced psychosis associated with high potency "wax dabs".

Sub-chronic impact of cannabinoids in street cannabis on cognition, psychotic-like symptoms and psychological well-being.[Psychol Med. 2012]


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March 2018 SAMS Report on Impact of Marijuana Legalization 
Contains lots of good data on the harmful trends from legalization, both medical and recreational, in CO, WA, OR, AK and DC.


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States that legalized marijuana sales have higher rates of car crashes than neighboring states that don’t allow pot sales
Article from Governing Magazine.
States that legalized marijuana sales have higher rates of car crashes than neighboring states that don’t allow pot sales. At least, that’s what researchers from the Highway Loss Data Institute. Other experts, looking at other data, have seen no significant effect in the number of crashes since the first three states legalized marijuana sales. Some research even suggests that crashes have declined.


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The False Dichotomy of Legalization and Criminalization
A TED Talk about the movement of marijuana legalization.


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Evidence emerging from states where marijuana is already legal demonstrates that the legalization of marijuana is failing to achieve the promises made
Information from a SAM (Smart Approaches to Marijuana) e-mail:
Evidence emerging from states where marijuana is already legal demonstrates that the legalization of marijuana is failing to achieve the promises made by activists to protect public health, reduce discrimination, and achieve social justice. A recent report from the American Automobile Association shows that Washington State has seen a doubling in the number of fatal drugged driving crashes since legalization. In Colorado, a recent report from the state's public safety agency reveals that after the state legalized the drug, marijuana-related arrests for black and Hispanic youth rose by 58 and 29 percent, respectively, while arrest rates for white kids dropped by eight percent. Moreover, few marijuana businesses are minority-owned even while the vast majority of them operate and advertise in low-income communities of color.

Also see "Lessons Learned After 4 Years of Marijuana Legalization" a 2016 report on data from the legalization of marijuana in Washington and Colorado.


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POTENTIAL HEALTH EFFECTS OF LEGALIZING MEDICAL MARIJUANA IN KANSAS
Kansas Health Institute "Health Assessment"
SEPTEMBER 2015


Impact of the legalization and decriminalization of marijuana on the DWI system
Impact of the legalization and decriminalization of marijuana on the DWI system NHTSA

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Study: Illegal Cannabis Use Higher in Medical Marijuana States

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Black market marijuana business booming in Colorado

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2017 Marijuana Legislation
The following is the bill status on marijuana related bills as of 3/5/17:
  • The priority issue: Medical Marijuana: SB155 would create legalization of medical marijuana through head shop sales and a state licensing system. Our position on medical marijuana has been to support research and when indicated to be effective offer it only through established physician/pharmacy processes. I have attached a copy of our testimony which includes several pages of attachments showing data from Colorado after the passed their medical marijuana provisions and prior to full legalization. I also have a list of impacts on drug enforcement in general in that testimony. The bill has had a hearing and news reports indicate the chair is considering whether or not to bring it to a vote in the committee to consider passing it to the full Senate.
    You can read the bill at this link.
    You can see the bill history at this link.
    The only bill brief available at this time is contained in the fiscal note.
    You can read the fiscal note at this link.
    Here is a link to some of the opposing testimony:
    KACP-KPOA-KSA 
    KBI  
    Eric Voth              Attachment  
    The following are some talking points:
  • Some additional points include:
    1. THC related pharmaceutical drugs are already available through established physician/pharmacy processes.
    2. A pharmaceutical company, GW Pharmaceuticals, is on track to have CBD oil for seizure treatment available through the current physician/pharmacy process around the end of the year.
    3. The Veterans Administration has undertaken a detailed study of the effects of marijuana for PTSD patients. No study of marijuana use for veterans with PTSD has been conducted. The studies to date, not centered on veterans, were found to be inconclusive with some people reporting improvement while many reported it made their conditions worse. The VA has published their views of marijuana use by PTSD patients. From that document: “. . .controlled studies have not been conducted to evaluate the safety or effectiveness of medical marijuana for PTSD. Thus, there is no evidence at this time that marijuana is an effective treatment for PTSD. In fact, research suggests that marijuana can be harmful to individuals with PTSD.”
    4. And, three states (Minnesota, New York and Connecticut) are allowing established pharmacies, not head shops, to be the dispensary mechanism.
    5. Some of the revelations from the Colorado experience when medical marijuana was legalized and prior to full legalization include:
    • Drug related K-12 school suspensions went up 41.3% following a steady four year decline prior to medical marijuana legalization.
    • Positive tests in high school students tested as a result of behavior issues increased by 13 percentage points from 44% to 57%.
    • The number of children ages 0-5 reported to poison control centers for exposure to marijuana tripled. Children ages 6-17 nearly doubled.
    • In 2012, Kansas was third lowest of all states and DC for past month marijuana use by children ages 12-17. Of the 20 states with the highest usage rates, 19 had legalized medical marijuana. Only three of the remaining states had legalized medical marijuana.
    • Medical treatment for marijuana ingestion by children under age 12 tripled.
    • The number of patients with marijuana related hospitalization increased from 4696 in 2009 to 8078 in 2013 a 72% increase.
    • Percentage of drivers involved in fatal motor vehicle accident testing positive for marijuana.
    • The motor vehicle fatalities involving at least one driver testing positive for marijuana more than doubled, from 7.85% to 16.53%, while total highway deaths decreased.
  • Two other bills related to marijuana legalization are also in the Senate Federal and State Affairs Committee but have not had a hearing. They are:
    SB151 Eliminating criminal penalties and licensure sanctions for "non-intoxicating" cannabinoid medicines.  
    SB178 Proposes allowing dispensing of marijuana through existing pharmaceutical methods with a physicians prescription.  
  • A bill in the House that was exempted from deadlines is HB2152. THIS IS ONE THAT BEARS WATCHING although no hearing has been scheduled yet. HB2152 legalizes "hemp" and hemp products. Read the bill at this link.  
    See the bill history of HB2152 at this link.
    The only bill summary available is in the fiscal note at this link.
  • The following bills are no longer eligible for hearings this year:
    SB187 "The Safe Act" This is a bill for full legalization of marijuana.  
    HB2029 A bill to legalize medical use of CBD oils if it is approved by the federal authorities for such use.


2016 Marijuana Legislation

SB147SB489 Medical Marijuana Bill disguised as a Hemp Bill
We are still waiting to see if Senate leadership will allow SB489 to be debated. Even if it is not, the bill as passed out of committee in HB2049 can be taken up in a conference committee and moved forward. This requires our continued vigilance. The best place to see the contents of HB2049 is to look at SB147.

On Thursday, 3/17/16, the Senate Public Health and Welfare Committee made amendments to SB489 and passed it out of committee sending it to the full Senate for potential debate and passage.
  • SB489 with amendments made by the Senate Public Health and Welfare Committee on March 18,2016.
  • SB489 Explainer of the amended bill by Legislative Research 
  • Committee Amendment 1  
  • Committee Amendment 2   
  • Committee Amendment 3   
  • Committee Amendment 4  
  • Committee Amendment 5  
  • The above amendments do not include several "conceptual" (unwritten) amendments that were made, which I included in my summary.
This bill is still a bad bill for Kansas and for the kids that will react negatively to this “treatment.” This is clearly a gateway bill to further legalization of marijuana.

What do we expect next:
The medical hemp provision passed last year in the House as a floor amendment on a 67-49 vote. Most House members had no idea of the negative side of voting in favor of that amendment. Many voiced concern after the vote. It takes 63 votes to pass something in the House, so the medical hemp provision passed by a very slim margin. But passed it did and the topic is now subject to being placed in a conference committee bill, which is what we expect will happen. This means there will be no more committee meetings, probably no educated floor debate, just a conference committee bill which cannot be amended coming to both the House and Senate floor for a vote. SB489 may or may not get debated on the floor of the Senate. We hope it doesn’t, but even if it does it would be very difficult for the House to take action on it. That conference committee bill will most likely be something in between the horrible house version and the bad Senate version.

I will post more details as I can get them.

GW Pharmaceuticals Announces Positive Phase 3 Pivotal Study Results for Epidiolex(R) (cannabidiol) Pharmaceutical CBD approaching reality.

See a letter to the Senate Committee from the American Epilepsy Society Here.
Article on "Medical Marijuana and Epilepsy" from Children's Hospital Colorado.

See the bill information here.
Testimony
   Opponents
      KACP-KSA-KPOA   
      KBI   
      Dr. Voth
      Kansas Family Partnership
   Neutral
      Ks Pharmacists Assoc
      Ks Health Institute
      Children's Mercy Hospital
   Proponents 
Attachment documents:
      DEA Letter, Dec. 2015
      American Epilepsy Society Letter July 13, 2015. 
      American Epilepsy Summary of Studies December 8, 2014.

The hearing on SB489 was held Thursday, March 10, 2016. I am very concerned this committee will pass the bill out favorably putting Kansas very close to starting down the path of cannabis legalization. Stopping this bill in committee is our best opportunity to halt the momentum this issue has. But it won’t happen without your action. I have listed some key points below. I believe our best chance to derail this bill is to push for Kansas to do what other states have done: Instead of legalization through the proposed process, they directed their state university medical center to participate in medical research on the issue. KU Med has indicated they are interested, but they would need about $550 million for the program.
  • Six other states, when faced with legalization efforts, instead directed their state university medical center to engage in medical studies. (Alabama, Georgia, Kentucky, Mississippi, North Carolina, and Tennessee.)
    • We support FDA approved medical study. This can be done through KU Med Center.
    • This assures the patient is getting pharmaceutical grade oil with consistent CBD levels.
    • This would allow Kansas children and families access to the oil treatment in a controlled clinical atmosphere.
    • During questions at the Senate committee hearing, Dr. Voth indicated he had spoken to KU Med officials and they would like to be involved. But they need funding.
    • December 2015, the DEA relaxed rules to allow expanded medical research on hemp oil. (See attachment)
  • CBD (Cannabinoid) is the chemical compound with potential medical benefit. This bill does not require any minimum amount of CBD.
  • One proponent, during the questions, responded she was legally able to obtain CBD oil by mail order to give her child. She described it as oil manufactured under the nonprescription supplement quality standards. If that is true, why is the legalization in this bill necessary?
  • Lack of controls:
    • While the proponents say there is quality control in this bill, in reality the key components are missing.
      • The bill does not require any level of CBD. No minimum and no maximum. It could be 0% or it could be 40%.
      • The bill allows up to 3% THC (this would be THC levels found in Kansas weed in the 60’s). Products under this bill could be 3% or could be 0.5%.
      • The levels of THC and CBD above will vary from maker to maker and batch to batch. The labeling requirements of the bill does not require the THC or CBD content to be disclosed.
      • Imagine your doctor giving you a prescription for blood pressure medicine only directing the pharmacist to give you a certain chemical compound without any direction on how much of the compound is in each tablet, and the pharmacist wouldn’t have to tell you what strength the pill has that you are given.
    • Quantity controls are lacking
      • The bill only allows for a 60 day supply of product, with the physicians option saying they can have more.
      • Nothing in the bill controls how frequently the “prescription” may be refilled. Under this bill a card holder can go to a different hemp shop the same day and get the 60 day supply multiple times. Or you could refill it every day. There does not appear to be any violation on the part of the hemp shop if they knowingly do this. There are no controls like pharmacies have.
  • Information from the American Epilepsy Society opposes this type of legislation:
    • Letter to governor of Idaho in 2015 led to veto of a similar bill. (Copy attached) Quotes from the letter:
      • Artisanal “high CBD” oils resulted in no significant reduction in seizures in the majority of patients.”
      • “. . for those whom the parents reported improvements, these improvements were not associated with improvement in electroencephalograms (EEFs), the gold standard monitoring test for people with epilepsy.”
      • “In 13% of the cases reviewed seizures worsened with use of cannabis and in some patients there were significant adverse events.”
      • Their summation: “there simply is no clinical, controlled research to support the adoption of new CBD legislation for epilepsy such as your state is considering. The anecdotal results of a few families. . .should not be the basis of law making.”
    • December 8, 2014, summary of three studies (copy attached):
      • “We cannot recommend CBD treatment based on the limited evidence available at this time.”
      • From study number 1: “Adverse effects occurred in 47% of patients, with increased seizures or new seizures in 21%.”
      • From Study number 2: “The majority of respondents reported using a CBD preparation with a CBD:THC ratio of at least 15:1.” (NOTE: This is no requirement in this bill of any CBD minimum level.)
      • From study number 2: “Although this study suggests a potential role for CBD in the treatment of IS and LGS, it is important to note that this study does not represent compelling evidence of efficacy or safety.”
This method of legalizing cannabis is only a gateway to full legalization, bringing with it the negative societal side effects like those now being documented in the data from both Colorado and Washington. Even the proponents made statements indicating their desire for full legalization of marijuana, which has nothing to do with medical use by children with seizures as this bill attempts to address. This can be avoided while still addressing the medical issues through FDA approved research in medical settings like KU Med Center.

SB510 was introduced in the Senate on March 14, 2016. It has been assigned to the Senate Public Health and Welfare Committee, the same committee about to send SB489 to the full Senate.

SB510 would decriminalize possession of non-intoxicating cannabinoid medicine, or any apparatus or paraphernalia used to administer such medicine, if such medicine was obtained, possessed, utilized, dispensed or distributed pursuant to a physician recommendation.

SB147 This became a medical hemp bill with the provisions passed by the House in HB2282. The Senate Corrections Committee placed that provision in this bill as a substitute bill, then passed it out of committee without recommendation. The bill was assigned to the Senate Public Health and Welfare Committee which was then under the leadership of Sen. Pilcher-Cook. It did not get a hearing. When she was removed as chair after a tiff with the Senate President, the new chair, Sen. O'Donnell requested SB489 which was nearly the same as SB147.


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2015 Marijuana Legislation
The House passed the medical hemp provision in HB2049. This was accomplished through a floor amendment by Rep. Wilson, which passed 67-49, with 63 votes needed to pass. See the floor amendment vote record at this link. The amendment was the same as HB2282 passed out of the House Health and Human Services Committee. HB2282 was pulled from the calendar by the speaker the day after the committee recommendation was received.

Other 2015 bills:
SB9 A pre-filed medical marijuana bill by Sen. Haley. It was assigned to the Senate Public Health and Wlefare Committee but never had a hearing. It is identical to HB2011.
HB2011 A pre-filed medical marijuana bill by Rep. Finney. It was assigned to the House Health and Human Services Committee but never had a hearing. It is identical to SB9.


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