skip to Main Content

A Kansas state lawmaker last week introduced a cannabis amnesty bill that would effectively decriminalize marijuana in the Sunflower State. The measure, House Bill 2363, was introduced in the state legislature by Democratic House Minority Leader Representative Vic Miller on February 8.

Miller’s bill, which already has the support of 34 co-sponsors, would release all persons currently incarcerated for a marijuana-related crime and allow for the expungement of convictions and arrest records for past cannabis-related offenses. The bill also directs state officials to purge information related to such convictions and arrests from relevant state and federal data systems. If passed, the bill would go into effect on July 1, 2023.

“It doesn’t legalize it per se, but it eliminates the serving a sentence punishment,” Miller said in a statement published by the Kansas Reflector.

The bill would effectively decriminalize marijuana in Kansas. Miller said that the bill, which has been referred to the House Corrections and Juvenile Justice Committee for its consideration, is a way to address the state legislature’s failure to make progress on legalizing cannabis in Kansas. Although an analysis of the legislation’s fiscal impact has not yet been published, he added that the bill would significantly reduce costs to prosecute marijuana offenses.

“This is sort of a backdoor way of relieving people of the penalty,” Miller said. “And in and of itself, it would save in my mind, probably tens of millions of dollars related to those prosecutions in those incarcerations.”

Medical Marijuana Bill Expected Soon in Kansas

In December, a bipartisan special committee of lawmakers wrapped up months of hearings to explore aspects of legalizing medical marijuana including regulation and taxation. At the final meeting of the committee on December 15, Republican Senator Rob Olson, the chair of the panel, said that the committee’s work would result in a new medical marijuana legalization bill for the 2023 legislative session.

“We’ll be able to have a bill out of all the stuff, all the testimonies come through here, that will be as good as any bill in the country,” Olson said. “And if this issue passes, I believe it’ll be a bill that most Kansans can be proud of.”

The Kansas House of Representatives approved a medical marijuana legalization bill in 2021, but the measure died in committee and failed to gain the approval of the state Senate. However,  Miller suggested that the eventual legalization of medical marijuana in Kansas is inevitable.

“It’s on both sides of us now in Missouri and Colorado, Oklahoma,” Miller said. “So I don’t think we should, as Kansans, be in a race for last place to do something concerning everything. And it won’t be long before we are the last to do it. I think the people of Kansas are ready.”

A limited medical marijuana legalization bill has already been unveiled for the 2023 legislative session. Under Senate Bill 171 from Democratic Senator Tom Holland, the medicinal use of cannabis would be legalized for use by military veterans only.

The bill, which was introduced in the Kansas Senate on February 7, would legalize the cultivation, distribution and sale of cannabis for use by veterans with chronic illnesses, post-traumatic stress disorder, or opioid use disorder. Under the bill, individuals currently serving in a brand of the U.S. military or who have been honorably discharged or generally discharged under honorable conditions will be eligible to apply for a medical marijuana patient identification card within 60 days of enactment of the legislation. 

The measure would also levy an excise tax on the cultivation and sale of medical marijuana and establish a regulatory committee to oversee the limited program. After its introduction, Senate Bill 171 was referred to the Senate Committee on Federal and State Affairs on February 8.

“This issue is important to all Kansans,” Holland said in a statement to local media. “States all around the country have enacted laws that allow for marijuana use, at least on a medicinal level. It’s long past due for Kansas to follow in their footsteps.”

Although he did not comment on specific legislation, Republican Representative Eric Smith, vice chair of the House Corrections and Juvenile Justice Committee, said that proposals to legalize medical marijuana need to be developed more thoughtfully. 

“I don’t support the present way in which they’re trying to pass marijuana for use in medical situations,” Smith said. “I’m not against the use of THC for medical purposes. I think there is a medical need for it, but I think it needs to be done by those professionals in the medical field, not by the average dispensary run by an entrepreneur.”

State lawmakers in Kansas met to discuss legalizing medical marijuana last week, with plans to introduce a bill when the legislature reconvenes next year. The attempt to legalize cannabis for medicinal purposes follows an unsuccessful attempt last year, when a bill was passed by the Kansas House of Representatives but failed to gain the approval of the state Senate.

Last week, at a meeting of the 2022 Special Committee on Medical Marijuana, the chair of the panel, Republican Senator Rob Olson, said that he plans to introduce a bill to legalize medical marijuana at the beginning of the January legislative session.

“I think what I’m going to do is — and any member is more than welcome — is to take this information and create the bill,” Olson said at the committee meeting on December 9. “And I’m going to work on a bill with a couple members and then if anybody wants to sign on in the Senate, they’ll be more than able to sign onto that bill, and introduce it at the beginning of session.”

Olson also encouraged his fellow state lawmakers to introduce similar legislation for legislators to debate when they return to the state capital next year. The Kansas state legislature is currently adjourned and will reconvene on January 9, 2023.

“I think that’s probably the best way forward,” Olson said.

Community Members Voice Views On Medical Pot

Members of the community attended the committee meeting, including a group of people opposed to medical marijuana legalization who expressed their views by wearing stickers reading “Kansas says ‘No.’” Individuals were also given the opportunity to speak either for or against legalizing medical marijuana, including Wichita State University senior Laura Cunningham. The student, who attended the committee meeting as part of a school assignment, told the members of the special legislative panel that she supports legalizing the medicinal use of cannabis.

“I feel like a lot of people who do smoke marijuana are very productive members of society, and actually function better because of it. I think a lot of people have found this balance that is appropriate for them as an individual, and that’s what really matters,” Cunningham said. “I don’t think that legalizing marijuana is going to necessarily cause this huge influx of people not having the motivation to participate in society.” 

During the meeting, the committee members were given summaries of topics relevant to medical marijuana legalization, including product labeling and packaging, medicinal cannabis possession limits, taxation and permitting access to medical cannabis for incarcerated individuals. Mike Heim, a staff member in the Office of Revisor of Statutes, gave an overview of the information as part of a presentation to the legislative committee.

“You’ve had eight state agencies visit with you, you’ve had nine or 10 research memos by the legislative research department, you’ve had over 60 conferees that have testified in two days before this committee and you have reviewed a couple of bills that were alive last session and so on,” Heim said. “In other words, you’ve been inundated with information.”

Kansas Medical Marijuana Bills Failed Last Year

Last year, the Kansas House of Representatives passed legislation to legalize medical marijuana, Senate Bill 158, but the measure was killed in a Senate committee only weeks later. Another bill to legalize the medicinal use of cannabis, Senate Bill 560, also failed to gain a Senate committee’s approval to advance to a floor vote. Democratic Senator Cindy Holscher said that she hopes a medical marijuana legalization bill will pass the Senate this time, although she reminded her colleagues of the failure of Senate leadership to support the legislation.

“The whole issue is last year, we had a very strong bill that passed the House, and Senate President Ty Masterson wouldn’t allow it to move forward,” Holscher said. “So I know there are different parties who have been reaching out to him to remind him of how important an issue this is to a lot of different people. So time will tell.”

If Missouri voters approve a recreational marijuana ballot measure in November, dispensaries are anticipating a flood of Kansas customers, eager to purchase legal joints, gummies and other cannabis products.

Kansas City will be the epicenter of that border hopping. But the moment Kansas residents take their pot back home, they’ll be breaking the law.

The metro area, home to more than 2.3 million people, straddles a state poised to approve recreational marijuana during the Nov. 8 election and another where it remains totally banned. Kansas is one of only 13 remaining states with neither legal medical nor recreational cannabis.

Missouri’s current medical marijuana program is restricted to residents of the state, but a proposed amendment to the Missouri Constitution would open sales to adults over 21 regardless of where they live. Kansas residents living along the Missouri border would be able to cross state lines to make a legal purchase without traveling far from home.

Western Kansas has been grappling with how to approach legally purchased recreational marijuana since Colorado began allowing sales in 2014. But even though Colorado products have been moving across Kansas highways for years, the sparsely-populated region is a far cry from the dense, urban Kansas City metro area where tens of thousands of people cross state lines every day for work and play. [Read more @ The Kansas City Star]

Researchers at Kansas State University have found that livestock feed containing industrial hemp can reduce stress levels in cattle, according to a recently released study.

The 2018 Farm Bill’s legalization of hemp has led to a flurry of research across the country as scientists work to discover novel ways to make use of a valuable new agricultural commodity. Previous research at Kansas State has shown that plant matter from industrial hemp has favorable crude protein and digestibility profiles, potentially making the crop suitable for inclusion in cattle feed.

Another study revealed that cattle readily absorbed cannabidiolic acid (CBDA) after being fed hemp flowers produced for CBD production. Michael Kleinhenz, assistant professor of beef production at the Kansas State University College of Veterinary Medicine, says that the previous research has implications for the viability of industrial hemp as a livestock feed.

“If hemp is to be utilized as an ingredient in the ration of cattle, it is prudent to know and understand the pharmacokinetics and potential biological effects of cattle exposed to repeated doses of cannabinoids present in industrial hemp,” Kleinhenz said in a statement from the university.

Kleinhenz and a team of researchers decided to study whether the cannabinoids present in industrial hemp would have an effect on the stress and activity levels of cattle that were given feed containing hemp.

“Cattle experience a variety of stress and inflammation,” Kleinhenz explained, noting that animals that are being transported or weaned are particularly vulnerable.

Researchers Observe Benefits of Hemp Livestock Feed

To conduct the study, the researchers fed industrial hemp to a group of 8 Holstein steers. The hemp was mixed into grain that was given to each animal individually to ensure a complete and consistent dose. A control group of 8 steers was given feed that did not contain hemp. The animals were monitored for cannabinoid levels, blood stress markers and activity levels including the number of steps taken per day and the amount of time spent lying down. The researchers then analyzed the data to compare the results between the two groups of animals.

“Our most recent data shows how cannabinoids via industrial hemp decreased the stress hormone cortisol as well as the inflammatory biomarker prostaglandin E2,” Kleinhenz said. “This shows that hemp containing cannabidiolic acid, or CBDA, may decrease stress and inflammation in cattle. Thus, hemp may be a natural way to decrease stress and inflammation related to production practices such as transportation and weaning.”

The researchers also determined that the group of cattle given feed containing industrial hemp spent more time lying, which can aid digestion by helping the animals produce saliva and chew their cud. The study revealed that while cannabinoids could be detected in the animals that had been fed industrial hemp, the level did not increase over time.

“Our new research helps us better understand how cannabinoids present in industrial hemp interact with bovine physiology and pharmacology,” Kleinhenz said. “For instance, we now know that repeated daily doses of CBDA via feeding hemp does not result in accumulation of cannabinoids in the blood. Additionally, it solidified previous research and shows that each cannabinoid has its own absorption and elimination profile.”

Kleinhenz said that the initial data collected by the team is essential if the U.S. Food and Drug Administration and the Association of American Feed Control Officials are going to approve industrial hemp as a feed for livestock. He also noted that more study will be needed to learn if the same effect on stress levels is observed in animals undergoing stressful situations.

“Further work is needed to determine if cannabinoids can alter the stress response in cattle during stressful times such as transportation and weaning, but we hope this research is a step forward in the right direction.”

Funding for the research was provided by a grant from the Agriculture and Food Research Initiative of the U.S. Department of Agriculture’s National Institute of Food and Agriculture. The full study, “Short term feeding of industrial hemp with a high cannabidiolic acid (CBDA) content increases lying behavior and reduces biomarkers of stress and inflammation in Holstein steers,” was published online this month by the journal Scientific Reports.

A Colorado logistics company is seeking the return of nearly $165,000 in cash seized by a Kansas sheriff’s department, arguing that the money is from legal marijuana sales and should not have been taken by law enforcement officers. The cash was seized from an employee of Empyreal Logistics during a traffic stop on May 18 in Dickinson County, Kansas after being collected by the employee from medical marijuana dispensaries in Missouri.

The U.S. Attorney’s office for Kansas filed a civil asset forfeiture case in the matter, claiming in court documents that the cash is subject to seizure because of alleged violations of federal laws against manufacturing and distributing drugs, according to media reports. The unidentified driver of the vehicle has not been charged with a crime, however.

Drug Enforcement Administration Special Agent Bryson Wheeler wrote in an affidavit filed in the forfeiture case that the approximately $165,620 was seized from a Ford Transit van owned by Denver-based Empyreal Logistics by Dickinson County Sheriff’s Deputy Kalen Robison during a traffic stop along I-70. Robison had also pulled the van over the day before for a minor traffic violation. 

During the first traffic stop, the driver told the deputy that she was collecting money from cannabis dispensaries in Kansas City, Missouri, and transporting the cash through Kansas to a credit union in Colorado. Missouri legalized medical marijuana in 2018 through a voter-approved constitutional amendment, but Kansas is one of the few remaining states that have no provisions for legal cannabis. 

The driver was released and put under surveillance by DEA agents, who observed her “stopping at and entering multiple state marijuana dispensaries” in Missouri. The day after the initial traffic stop, Robison pulled the van over again along the interstate. The reason for the second traffic stop is not included in the affidavit, according to the Topeka Capital-Journal.

During the traffic stop on May 18, law enforcement officers seized five bags of cash, which the driver claimed were from cannabis dispensaries in Missouri. A police canine unit later “alerted to the odor of marijuana coming from the currency,” the DEA agent wrote, and “marijuana is a controlled substance and illegal under both federal and Kansas state law.”

Attorneys for Empyreal Logistics argued in court documents that the seized cash should be returned to the company, disputing claims from federal prosecutors that the money was related to drug trafficking and subject to forfeiture.

“Plaintiff’s claims should be barred as the conduct which generated the Defendant property was lawful under Missouri state law and tacitly or affirmatively allowed by the action of the United States Federal Government,” the company’s lawyers wrote.

Perils of a Cash-Based Industry

The Empyreal case illustrates the difficulties faced by state-legal cannabis businesses, which are forced to operate mainly in cash because of federal drug and money-laundering laws. On its website, the firm promises to address the challenges of operating in a cash-only industry with solutions including “low-profile, eco-conscious, armored vehicles.”

“With our state-of-the-art facilities, secure currency processing, and management services, we safely and securely manage the cash assets of hundreds of enterprises across multiple industries so they can concentrate on managing their operations,” the company wrote in a press release unrelated to the asset forfeiture case. “Empyreal uses data and intelligence tools to help maximize our cash solution, with the goal of changing the way clients think of secured transport.”

Arshad Lasi, the CEO of cannabis dispensary operator the Nirvana Group, says that many of the cash-handling issues faced by the cannabis industry could be solved with passage of the SAFE Banking Act, legislation that would allow financial institutions to provide traditional banking services to state-legal marijuana businesses. Provisions of the bill were included in a military spending bill passed by the House of Representatives in September, but the Senate has not yet approved the legislation.

“Providing licensed cannabis businesses with the opportunity to bank in a traditional manner and not be limited to dealing in cash is crucial,” Lasi wrote in an email. “Banking allows companies to remain compliant, helps them avoid liabilities, among other benefits including safety and security.”

“I’m hopeful that the SAFE Banking Act will pass in the Senate, as its passage will also boost the cannabis industry’s reputation as a legitimate and major player in states’ economies,” Lasi added.

Lex Corwin, founder and CEO of California cannabis cultivator Stone Road, said that forcing legal cannabis companies to operate on a cash-only basis is “ridiculous and harmful” and called on lawmakers to pass the legislation.

“The SAFE Banking Act would give an already legal industry the legitimacy it needs and that it’s honestly due, especially since the government has no issues collecting said cannabis businesses’ money in cash,” Corwin told High Times. “Cash dealings are also a huge liability and personal safety issue––the biggest instances of injury and death are around cash pickups and dropoffs, ultimately putting people trying to play within the legal system in harm’s way.” 

U.S. Magistrate Judge Kenneth Gale has set a scheduling hearing in the Empyreal asset forfeiture case for January 4. The DEA national public affairs office and a spokesperson for the U.S. Attorney’s Office for Kansas declined to comment on the case to local media, citing the pending litigation.

skip to Main Content

Members of the Kansas House of Representatives voted to approve a bill on Thursday that would legalize the medicinal use of cannabis. The measure, Senate Bill 158 (SB 158), was passed in the House by a vote of 79 to 42.

The Kansas Senate approved SB 158 on March 25 and then sent the measure to the House, where it was amended by lawmakers. The bill will now head back to the upper chamber so that senators can consider the changes made in the House.

“The state of Kansas is finally catching up to the twenty-first century,” said Rep. Louis Ruiz, the ranking Democrat on the House Federal and State Affairs Committee. “Kansans need to have access to all possible health options available to them, especially if they are experiencing chronic illnesses. This bill will do exactly that. Many of our neighboring states have passed similar legislation. It’s time for us to do the same.”

Under SB 158, registered patients and caregivers would be permitted to buy up to a 90-day supply of medicinal cannabis products at a time. Patients would not be permitted to smoke or vape medical marijuana. The specific amount of cannabis would be determined by state officials, who would be tasked with drafting the rules and regulations for the medical marijuana program by July 1, 2023.

Rep. Adam Thomas said that he saw the issue as an opportunity for lawmakers to be responsive to their constituents.

“Kansans are tired of Kansas falling behind on major issues like legalizing medical marijuana and we can prove we can do it better,” the Republican lawmaker told his colleagues in the House.

Republican House Majority Whip Blake Carpenter said on Thursday morning that he believed that lawmakers could come together and reach a compromise on the measure before the end of the current legislative session.

“I think we have high expectations for this type of bill and we can work on it jointly, together to stay out of the weeds,” Carpenter said.

Senate Approval for SB 158 Seems Unlikely

However, the bill is unlikely to be taken up again by the state Senate before the session ends, according to reports in local media. For activists including Lisa Sublett, who would like to use medicinal cannabis to treat an autoimmune disorder, it will probably be at least another year of waiting. Nonetheless, she is happy with the progress made in the legislature this year.

“It’s been a long haul, a long fight,” said Sublett, who has been campaigning for cannabis policy reform for 10 years. “Even though it’s not everything I would want, it’s a starting place.”

Public opinion polling has shown that more than 65% of Kansas residents support legalizing medical marijuana. House Democratic Minority Leader Tom Sawyer said that his party would continue to deliver what the people have said they want.

“Kansas has needed this for a long time,” said Sawyer. “This is well overdue, but we’re not finished yet. We will continue to put the pressure on to make sure this bill becomes a reality. The bipartisan coalition led by Democrats that stepped up in committee and on the House floor to pass this bill worked extremely hard to ensure the majority of Kansans’ voices are heard. I’m really proud of the work they’ve done here.”

If SB 158 is taken up by the Senate and passed during the current legislative session, the measure would head to the desk of Democratic Gov. Laura Kelly, who is in favor of legalizing the medicinal use of cannabis.

“Legalizing medical marijuana is commonsense, broadly popular policy that would improve Kansas’ overall health and economy while we recover from COVID-19 and beyond,” Kelly said in a statement on Thursday.

skip to Main Content