The Kansas House of Representatives approved a bill to legalize medical cannabis and establish a program in the state.
Days after clearing one of the House committees it advanced to the full chamber and passed with a 79-42 vote. Now it will head to the Senate.
Although it did clear the House on Thursday, this bill passed through several committees back in March. The bill made its way onto the floor for a vote, but the floor sent it to the panel again for further consideration. Members then adopted multiple amendments before sending it to the floor for the second time.
Gov. Laura Kelly (D) supports medical cannabis and if the bill lands on her desk, she will most likely sign it.
Advocates are optimistic that the measure will pass the Senate this session in the coming days.
Erin Montroy, CEO for the Kansas Cannabis Business Association, said “today, a Republican initiative to legalize medical marijuana (became) passed by a Republican supermajority in a non-ballot initiative state”. Montroy went on to say that this moment is when everything changes, and nothing will be the same.
Potential Legislation
If passed, the legislation will establish a medical marijuana program for qualified patients. There are around 24 conditions that make a person eligible for cannabis.
Smoking and vaping products will be prohibited as well as home grown marijuana.
The state will provide licenses for medical cannabis growers, testing labs, processors, distributors, and retailers. Counties will be able to opt-out of allowing marijuana businesses to operate in their jurisdiction.
Patients will be able to purchase a 90-day supply of cannabis. The dispensaries will be regulated by the state Department of Alcoholic Beverage Control. Also, this department will change its name to the Division of Alcohol and Cannabis Control.
The secretary of the Department of Health and Environment will need to develop regulations to administer the medical cannabis program by July 1, 2023.
The bill will changes the language around physicians “recommending” marijuana and changing it to “prescribing” marijuana if it is federally rescheduled. The state’s scheduling system will also conform with the federal code automatically.
One amendment the House accepted will create a pilot program 45 days after the effective date of the bill ahead of the full program’s launch. This will give regulators a chance to test and dispense cannabis. They will partner with three universities to issue recommendations about best practices.
Another amendment will require regulators to review the list of qualifying conditions for medical marijuana every three years. It also clarifies that patients could lose their ability to be in the program if they break the rules.
Medical Cannabis Legalization Chances in 2021
The Senate leaders acknowledged that it would be difficult for the bill to make it through the Senate this session. Currently, lawmakers are in the final days of the 2021 session.
Senate President Ty Masterson said last week that it would be difficult to envision his chamber having time to consider the issue in the remaining week.
Regardless, lawmakers do appear hopeful that progress on the issue will set up its consideration and approval in 2022 if it does not pass in 2021.
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