Session of 2023
HOUSE BILL No. 2417
By Committee on Federal and State Affairs
2-15
AN ACT concerning health and healthcare; relating to medical cannabis;
creating the medical cannabis regulation act; providing for licensure
and regulation of the cultivation, processing, distribution, sale and use
of medical cannabis; delegating administrative duties and functions to
the secretary of health and environment, secretary of revenue, board of
healing arts, board of pharmacy and the director of alcohol and
cannabis control; imposing fines and penalties for violations of the act;
establishing the medical cannabis registration fund, the medical
cannabis business regulation fund and the retail dispensary consultant
registration fee fund; creating the crimes of unlawful storage and
unlawful transport of medical cannabis; making exceptions to the
crimes of unlawful manufacture and possession of controlled
substances; amending K.S.A. 38-2269, 41-201, 44-501, 44-706, 44-
1009, 44-1015, 79-5201 and 79-5210 and K.S.A. 2022 Supp. 19-101a,
21-5703, 21-5705, 21-5706, 21-5707, 21-5709, 21-5710, 21-6607, 22-
3717 and 23-3201 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. The provisions of sections 1 through 50, and
amendments thereto, shall be known and may be cited as the medical
cannabis regulation act.
New Sec. 2. As used in the medical cannabis regulation act, section 1
et seq., and amendments thereto:
(a) "Academic medical center" means a medical school and its
affiliated teaching hospitals and clinics.
(b) "Board of healing arts" means the state board of healing arts.
(c) "Cannabinoid" means any of the diverse chemical compounds that
can act on cannabinoid receptors in cells and alter neurotransmitter release
in the brain, including phytocannabinoids that are produced naturally by
marijuana and some other plants.
(d) (1) "Cannabis" means all parts of all varieties of the plant
Cannabis whether growing or not, the seeds thereof, the resin extracted
from any part of the plant and every compound, manufacture, salt,
derivative, mixture or preparation of the plant, its seeds or resin.
(2) "Cannabis" does not include:
(A) The mature stalks of the plant, fiber produced from the stalks, oil
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36 HB 2417 2
or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture or preparation of the mature stalks,
except the resin extracted therefrom, fiber, oil or cake or the sterilized seed
of the plant that is incapable of germination;
(B) any substance listed in schedules II through V of the uniform
controlled substances act;
(C) drug products approved by the United States food and drug
administration as of July 1, 2024;
(D) cannabidiol (other trade name: 2-[3-methyl-6-(1-methylethenyl)-
2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol); or
(E) industrial hemp as defined in K.S.A. 2-3901, and amendments
thereto, when cultivated, produced, possessed or used for activities
authorized by the commercial industrial hemp act.
(e) "Canopy" means the total surface area within a cultivation area
that is dedicated to the cultivation of flowering cannabis plants. The
surface area of the plant canopy shall be measured and calculated in square
feet and shall include all of the area within the boundaries where the
cultivation of the flowering marijuana plants occur. If the surface of the
plant canopy consists of noncontiguous areas, each component area shall
be separated by identifiable boundaries. If a tiered or shelving system is
used in the cultivation area, the surface area of each tier or shelf shall be
included in calculating the area of the plant canopy. Calculation of the area
of the plant canopy shall not include the areas that are used to cultivate
immature marijuana plants and seedlings, prior to flowering, and the areas
that are not used at any time to cultivate mature marijuana plants. If the
flowering plants are vertically grown in cylinders, the square footage of
the canopy shall be measured and calculated by the circumference of the
cylinder multiplied by the total length of the cylinder.
(f) "Caregiver" means an individual registered pursuant to section 8,
and amendments thereto, who may purchase and possess medical cannabis
in accordance with section 11, and amendments thereto.
(g) "Cultivate" means the same as defined in K.S.A. 65-4101, and
amendments thereto.
(h) "Cultivator" means a person issued a license pursuant to section
20, and amendments thereto, who may grow and sell medical cannabis in
accordance with section 22, and amendments thereto.
(i) "Director" means the director of alcohol and cannabis control.
(j) "Dispense" means to deliver a medical cannabis product to a
registered patient or caregiver pursuant to the written recommendation of a
physician, including the packaging and labeling required for that delivery.
(k) "Distributor" means a person issued a license pursuant to section
20, and amendments thereto, who may purchase and sell medical cannabis
in accordance with section 27, and amendments thereto.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 3
(l) "Edibles" means any food product infused with cannabis extract.
(m) "Electronic cigarette" means the same as defined in K.S.A. 79-
3301, and amendments thereto.
(n) "Medical cannabis" means cannabis that is cultivated, processed,
tested, dispensed, possessed or used for a medical purpose.
(o) "Medical cannabis product" means a product that contains
cannabinoids that have been extracted from plant material or the resin
therefrom by physical or chemical means and is intended for
administration to a registered patient.
(p) "Medical cannabis waste" means:
(1) Unused, surplus, returned or out-of-date medical cannabis or
medical cannabis product;
(2) recalled medical cannabis or medical cannabis product;
(3) plant debris of the plant Cannabis, including dead plants and all
unused plant parts and roots; and
(4) any wastewater generated during growing and processing.
(q) "Patient" means an individual registered pursuant to section 8, and
amendments thereto, who may purchase and possess medical cannabis in
accordance with section 10, and amendments thereto.
(r) "Person" means any natural person, corporation, partnership, trust
or association.
(s) "Plant" means a cannabis plant produced from a cutting, clipping
or seedling that is in a cultivating container.
(t) "Plant material" means the leaves, stems, buds and flowers of the
cannabis plant and does not include seedlings, seeds, clones, stalks or roots
of the plant or the weight of any non-cannabis ingredients combined with
cannabis.
(u) "Postsecondary educational institution" means the same as
defined in K.S.A. 74-3201b, and amendments thereto.
(v) "Processor" means a person issued a license pursuant to section
20, and amendments thereto, who may purchase, process and sell medical
cannabis in accordance with section 26, and amendments thereto.
(w) "Physician" means an individual licensed to practice medicine
and surgery in this state and who is certified by the board of healing arts to
recommend treatment with medical cannabis pursuant to section 18, and
amendments thereto.
(x) "Physician's delegate" means:
(1) A registered nurse, licensed practical nurse, respiratory therapist,
emergency medical responder, paramedic, dental hygienist, pharmacy
technician or pharmacy intern who has registered for access to the program
database as an agent of a practitioner or pharmacist to request program
data on behalf of the practitioner or pharmacist;
(2) a death investigator who has registered for limited access to the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 4
program database as an agent of a medical examiner, coroner or another
person authorized under law to investigate or determine causes of death; or
(3) an individual authorized by rules and regulations adopted by the
board of healing arts to access the prescription monitoring program
database.
(y) "Qualifying medical condition" means any of the following:
(1) Acquired immune deficiency syndrome;
(2) Alzheimer's disease;
(3) amyotrophic lateral sclerosis;
(4) cancer;
(5) chronic traumatic encephalopathy;
(6) epilepsy or another seizure disorder;
(7) fibromyalgia;
(8) glaucoma;
(9) hepatitis C;
(10) multiple sclerosis;
(11) Parkinson's disease;
(12) positive status for human immunodeficiency virus;
(13) post-traumatic stress disorder;
(14) sickle cell anemia;
(15) spinal cord disease or injury;
(16) Tourette's syndrome;
(17) traumatic brain injury;
(18) ulcerative colitis;
(19) any autoimmune disorder;
(20) pain that is either chronic and severe or intractable;
(21) a debilitating psychiatric disorder that is diagnosed by a
physician licensed in this state who is board-certified in the practice of
psychiatry, as determined by the board of healing arts;
(22) any other chronic, debilitating or terminal condition that, in the
professional judgment of a physician, would be a detriment to the patient's
mental or physical health if left untreated; or
(23) any other disease or condition approved by the secretary of
health and environment pursuant to section 15, and amendments thereto.
(z) "Retail dispensary" means a person issued a license pursuant to
section 22, and amendments thereto, who may purchase and sell medical
cannabis in accordance with section 28, and amendments thereto.
(aa) "Smoking" means the use of a lighted cigarette, cigar or pipe or
otherwise burning cannabis in any other form for the purpose of
consuming such cannabis.
(bb) "Tetrahydrocannabinol" means the primary psychoactive
cannabinoid in cannabis formed by decarboxylation of naturally occurring
tetrahydrocannabinolic acid that generally takes place by heating.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 5
(cc) "Tetrahydrocannabinolic acid" means the dominant cannabinoid
that occurs naturally in most varieties of cannabis.
(dd) "Tetrahydrocannabinol content" means the sum of the amount of
tetrahydrocannabinol and 87.7% of the amount of tetrahydrocannabinolic
acid present in the product.
(ee) "Vaporization" means the use of an electronic cigarette for the
purpose of consuming medical cannabis in which such medical cannabis
comes into direct contact with a heating element.
(ff) "Veteran" means a person who has:
(1) Served in the army, navy, marine corps, air force, coast guard,
space force, any state air or army national guard or any branch of the
military reserves of the United States; and
(2) been separated from the branch of service in which the person
was honorably discharged or received a general discharge under honorable
conditions.
New Sec. 3. (a) No person shall grow, harvest, process, sell, barter,
transport, deliver, furnish or otherwise possess any form of cannabis,
except as specifically provided in the medical cannabis regulation act or
the commercial industrial hemp act, K.S.A. 2-3901 et seq., and
amendments thereto.
(b) Nothing in the medical cannabis regulation act shall be construed
to:
(1) Require a physician to recommend that a patient use medical
cannabis to treat a qualifying medical condition;
(2) permit the use, possession or administration of medical cannabis
other than as authorized by this act;
(3) permit the use, possession or administration of medical cannabis
on federal land located in this state;
(4) permit the use or administration of medical cannabis on any
property owned, operated or leased by any state agency or political
subdivision thereof or any city, county or other municipality;
(5) require any public place to accommodate a registered patient's use
of medical cannabis;
(6) prohibit any public place from accommodating a registered
patient's use of medical cannabis;
(7) authorize any limitation on the number of any licenses awarded
under this act to otherwise qualified applicants or authorize any state
agency through rules and regulations to effectively limit the number of
licenses available to otherwise qualified applicants for any type of license
awarded under this act; or
(8) restrict research related to cannabis conducted at a postsecondary
educational institution, academic medical center or private research and
development organization as part of a research protocol approved by an
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 6
institutional review board or equivalent entity.
New Sec. 4. (a) There is hereby established the medical cannabis
regulation program.
(b) The secretary of health and environment shall administer the
program in accordance with the provisions of this act and provide for the
registration of patients and caregivers, including the issuance of
identification cards to registered patients and caregivers.
(c) The board of healing arts shall administer the program in
accordance with the provisions of this act and provide for the certification
of physicians authorizing such physicians to recommend medical cannabis
as a treatment for patients.
(d) The board of pharmacy shall administer the program in
accordance with the provisions of this act and provide for the registration
of retail dispensary consultants.
(e) The director of alcohol and cannabis control shall administer the
program in accordance with the provisions of this act and provide for the
licensure of cultivators, laboratories, processors, distributors, retail
dispensaries and employees thereof.
New Sec. 5. (a) The medical cannabis advisory committee is hereby
created in the department of health and environment. The committee shall
consist of the following:
(1) Eight members appointed by the governor as follows:
(A) Two members who are practicing pharmacists, at least one of
whom supports the use of medical cannabis and at least one of whom is a
member of the state board of pharmacy;
(B) two members who are practicing physicians, at least one of whom
supports the use of medical cannabis and at least one of whom is a
member of the board of healing arts;
(C) one member who represents employers;
(D) one member who represents agriculture;
(E) one member who represents persons involved in the treatment of
alcohol and drug addiction; and
(F) one member who engages in academic research on the use or
regulation of medical cannabis;
(2) two members appointed by the president of the senate as follows:
(A) One member who represents law enforcement; and
(B) one member who represents caregivers;
(3) one member who is a nurse, appointed by the minority leader of
the senate;
(4) two members appointed by the speaker of the house of
representatives as follows:
(A) One member who represents persons involved in mental health
treatment; and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 7
(B) one member who represents patients;
(5) one member who represents employees, appointed by the
minority leader of the house of representatives; and
(6) the secretary of health and environment, who shall serve as
chairperson.
(b) The initial appointments to the committee shall be made on or
before July 31, 2024.
(c) Except for the secretary of health and environment, each member
of the committee shall serve for a period of two years from the date of
appointment. A vacancy shall be filled within 21 days of such vacancy in
the same manner as the original appointment.
(d) Each member of the committee shall be paid compensation,
subsistence allowances, mileage and other expenses as provided in K.S.A.
75-3223(e), and amendments thereto.
(e) The committee shall hold its initial meeting not later than 30 days
after the last member of the committee is appointed. The committee may
develop and submit to the secretary of health and environment and the
director of alcohol and cannabis control any recommendations related to
the medical cannabis regulation program and the implementation and
enforcement of this act.
(f) Prior to January 31 of each year, the medical cannabis advisory
committee shall provide a report to the legislature detailing any concerns
or recommended changes that the committee has for the medical cannabis
regulation act.
(g) The provisions of this section shall expire on July 1, 2029.
New Sec. 6. (a) Except as permitted under subsection (c), the
following individuals shall not solicit or accept, directly or indirectly, any
gift, gratuity, emolument or employment from any person who is an
applicant for any license or is a licensee under the provisions of the
medical cannabis regulation act or any officer, agent or employee thereof,
or solicit requests from or recommend, directly or indirectly, to any such
person, the appointment of any individual to any place or position:
(1) The secretary of health and environment or any officer, employee
or agent of the department of health and environment;
(2) the secretary of revenue, the director of alcohol and cannabis
control or any officer, employee or agent of the division of alcohol and
cannabis control;
(3) any member of the state board of pharmacy; or
(4) any member of the board of healing arts.
(b) Except as permitted under subsection (c), an applicant for a
license or a licensee under the provisions of the medical cannabis
regulation act shall not offer any gift, gratuity, emolument or employment
to any of the following:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 8
(1) The secretary of health and environment or any officer, employee
or agent of the department of health and environment;
(2) the secretary of revenue, the director of alcohol and cannabis
control or any officer, employee or agent of the division of alcohol and
cannabis control;
(3) any member of the state board of pharmacy; or
(4) any member of the board of healing arts.
(c) The board of healing arts, the state board of pharmacy, the
secretary of health and environment and the secretary of revenue may
adopt rules and regulations for their respective agencies allowing the
acceptance of official hospitality by members of the board of healing arts,
the state board of pharmacy or the respective secretary and employees of
each such respective agency, subject to any limits as prescribed by such
rules and regulations.
(d) If any member of the board of healing arts, the state board of
pharmacy, the secretary of health and environment, the secretary of
revenue or any employee of each such respective agency violates any
provision of this section, such person shall be removed from such person's
office or employment.
(e) Violation of any provision of this section is a severity level 7,
nonperson felony.
(f) Nothing in this section shall be construed to prohibit the
prosecution and punishment of any person for any other crime in the
Kansas criminal code.
New Sec. 7. All actions taken by the board of healing arts, the state
board of pharmacy, the secretary of health and environment or the director
of alcohol and cannabis control under the medical cannabis regulation act
shall be in accordance with the Kansas administrative procedure act and
reviewable in accordance with the Kansas judicial review act.
New Sec. 8. (a) A patient seeking to use medical cannabis or a
caregiver seeking to assist a patient in the use or administration of medical
cannabis shall apply to the department of health and environment for
registration. The physician who is treating the patient, or such physician's
designee, shall submit the application on the patient's or caregiver's behalf
in such form and manner as prescribed by the secretary of health and
environment.
(b) The application for registration shall include the following:
(1) A statement from the physician certifying that:
(A) A bona fide physician-patient relationship exists between the
physician and patient;
(B) the patient has been diagnosed with a qualifying medical
condition;
(C) the physician, or such physician's delegate, has requested from
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 9
the prescription monitoring program database a report of information
related to the patient that covers at least the 12 months immediately
preceding the date of the report;
(D) the physician has informed the patient of the risks and benefits of
medical cannabis as it pertains to the patient's qualifying medical condition
and medical history; and
(E) the physician has informed the patient that it is the physician's
opinion that the benefits of medical cannabis outweigh its risks;
(2) in the case of an application submitted on behalf of a patient, the
name or names of one or more caregivers, if any, who will assist the
patient in the use or administration of medical cannabis;
(3) in the case of an application submitted on behalf of a caregiver,
the name of the patient or patients whom the caregiver seeks to assist in
the use or administration of medical cannabis; and
(4) in the case of a patient who is a minor, the name of the patient's
parent or legal guardian who has consented to treatment with medical
cannabis and who shall be designated as the patient's caregiver.
(c) If the application is complete and meets the requirements of this
act and rules and regulations adopted thereunder and the patient or
caregiver has paid the required fee, the secretary of health and
environment shall register the patient or caregiver and issue to the patient
or caregiver an identification card.
(d) (1) A registered caregiver shall be at least 21 years of age, except
that if the caregiver is the parent or legal guardian of a patient who is a
minor, then the registered caregiver shall be at least 18 years of age.
(2) A registered patient may designate up to two registered
caregivers. If the patient is a minor, a parent or legal guardian of such
patient shall be designated as a registered caregiver for such patient.
(3) A registered caregiver may provide assistance to not more than
two registered patients, unless the secretary approves a greater number of
registered patients.
(4) A physician who submits an application on behalf of a patient
may not also serve as such patient's registered caregiver.
(e) Any information collected by the department of health and
environment pursuant to this section is confidential and not a public
record. The department may share information identifying a specific
patient with a licensed retail dispensary or any law enforcement agency for
the purpose of confirming that such patient has a valid registration.
Information that does not identify a person may be released in summary,
statistical or aggregate form. The provisions of this subsection shall expire
on July 1, 2029, unless the legislature reviews and reenacts such
provisions in accordance with K.S.A. 45-229, and amendments thereto,
prior to July 1, 2029.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 10
(f) (1) The fees for a patient or caregiver registration, or the renewal
thereof, shall be set by rules and regulations adopted by the secretary of
health and environment in an amount not to exceed:
(A) Except as specified in subparagraph (B), $50 for a patient
registration;
(B) $25 for a patient registration if the patient is a veteran; and
(C) $25 for a caregiver registration.
(2) No fee shall be assessed to any patient or caregiver who is
indigent.
(g) A registration shall be valid for a period of one year from the
effective date as specified on the identification card and may be renewed
by submitting a registration renewal application and paying the required
fee.
New Sec. 9. (a) The department of health and environment shall
assign a unique 24-character identification number to each registered
patient and caregiver when issuing an identification card. Each card shall
be electronically scannable. Upon presentation of an identification card,
licensed retail dispensaries shall obtain verification by the department that
a patient or caregiver has a valid registration.
(b) Each patient and caregiver shall promptly deliver such patient's or
caregiver's registration identification card upon demand of any officer of a
court of competent jurisdiction, any law enforcement officer or any
employee or agent of the secretary of health and environment when the
identification card is in such patient's or caregiver's immediate possession
at the time of the demand.
New Sec. 10. (a) A patient registered pursuant to section 8, and
amendments thereto, who purchases medical cannabis from a licensed
retail dispensary may:
(1) Use medical cannabis;
(2) subject to subsection (b), purchase and possess medical cannabis;
and
(3) purchase and possess any paraphernalia or accessories used to
administer medical cannabis.
(b) A registered patient may purchase and possess medical cannabis
in an amount not to exceed the following for a 60-day supply:
(1) For edibles, 60 mg per day;
(2) for inhalation through vaporization, 350 mg per day;
(3) for oral consumption, including, but not limited to, capsules and
tinctures, 200 mg per day;
(4) for sublingual tinctures, 190 mg per day;
(5) for suppositories, 195 mg per day;
(6) for topical applications, 150 mg per day; and
(7) for dried flower, eight ounces.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 11
(c) A patient may cultivate medical cannabis for personal use. No
cultivator license shall be required for such cultivation of medical
cannabis. Any patient cultivating medical cannabis for personal use shall:
(1) Notify the secretary of health and environment that such patient
intends to cultivate medical cannabis pursuant to this section. Such notice
shall be submitted in such form and manner as prescribed by the secretary
and shall include the patient's name, identification card number and the
address of the premises where such medical cannabis is being cultivated.
Upon receipt of such notice, the secretary shall notify the director of such
cultivation, including the information contained in the patient's notice;
(2) cultivate not more than three plants in a secure facility in
accordance with rules and regulations adopted by the secretary of health
and environment;
(3) only cultivate medical cannabis at the premises stated in the
notice and such premises shall be owned or leased by the patient;
(4) only cultivate and use such medical cannabis for such patient's
own needs in accordance with a written recommendation issued by such
patient's physician, and shall not sell, transfer, give or otherwise distribute
such medical cannabis to any other individual or entity regardless of
whether such individual is a registered patient or caregiver or such entity is
licensed pursuant to section 20, and amendments thereto;
(5) notify the secretary of health and environment if there is a change
in the premises where the medical cannabis is cultivated and the address of
the new premises. Upon receipt of such notice, the secretary shall notify
the director of the same; and
(6) comply with all rules and regulations adopted by the secretary of
health and environment concerning the cultivation of medical cannabis for
personal use.
(d) Any medical cannabis cultivated by a patient shall not be included
as part of any limitation on the amount of medical cannabis a patient may
purchase or possess within a 60-day time period.
(e) Nothing in this section shall be construed to authorize a registered
patient to operate a motor vehicle, watercraft or aircraft while under the
influence of medical cannabis.
New Sec. 11. (a) A caregiver registered pursuant to section 8, and
amendments thereto, who purchases medical cannabis from a licensed
retail dispensary may:
(1) Subject to subsection (b), purchase and possess medical cannabis
on behalf of a registered patient under the caregiver's care;
(2) assist a registered patient under the caregiver's care in the use or
administration of medical cannabis; and
(3) purchase and possess any paraphernalia or accessories used to
administer medical cannabis.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 12
(b) A registered caregiver may purchase and possess medical
cannabis on behalf of a registered patient in an amount not to exceed the
dosage amounts provided in section 10(b), and amendments thereto. If a
caregiver provides care to more than one registered patient, the caregiver
shall maintain separate inventories of medical cannabis for each patient.
(c) Nothing in this section shall be construed to permit a registered
caregiver to personally use medical cannabis unless the caregiver is also a
registered patient.
New Sec. 12. (a) In addition to or in lieu of any other civil or criminal
penalty as provided by law, the secretary of health and environment may
impose a civil penalty or suspend or revoke a registration upon a finding
that the patient or caregiver committed a violation as provided in this
section.
(b) Nothing in this act shall be construed to require the secretary to
enforce minor violations if the secretary determines that the public interest
is adequately served by a notice or warning to the alleged offender.
(c) Upon a finding that a registrant has submitted fraudulent
information or otherwise falsified or misrepresented information required
to be submitted by such registrant, the secretary may impose a civil fine in
an amount not to exceed $500 for a first offense and may suspend or
revoke the individual's registration for a second or subsequent offense.
(d) If the secretary suspends, revokes or refuses to renew any
registration issued pursuant to this act and determines that there is clear
and convincing evidence of a danger of immediate and serious harm to any
person, the secretary may place under seal all medical cannabis owned by
or in the possession, custody or control of the affected registrant. Except as
provided in this section, the secretary shall not dispose of the sealed
medical cannabis until a final order is issued authorizing such disposition.
During the pendency of an appeal from any order issued by the secretary, a
court may order the secretary to sell medical cannabis that is perishable,
and the proceeds of any such sale shall be deposited with the court.
New Sec. 13. (a) There is hereby established the medical cannabis
registration fund in the state treasury. The secretary of health and
environment shall administer the medical cannabis registration fund and
shall remit all moneys collected from the payment of all fees and fines
imposed by the secretary pursuant to the medical cannabis regulation act
and any other moneys received by or on behalf of the secretary pursuant to
such act to the state treasurer in accordance with the provisions of K.S.A.
75-4215, and amendments thereto. Upon receipt of each such remittance,
the state treasurer shall deposit the entire amount in the state treasury to
the credit of the medical cannabis registration fund. Moneys credited to the
medical cannabis registration fund shall only be expended or transferred as
provided in this section. Expenditures from such fund shall be made in
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 13
accordance with appropriation acts upon warrants of the director of
accounts and reports issued pursuant to vouchers approved by the
secretary or the secretary's designee.
(b) Moneys in the medical cannabis registration fund shall be used for
the payment or reimbursement of costs related to the regulation and
enforcement of the possession and use of medical cannabis by the
secretary.
New Sec. 14. (a) On or before July 1, 2024, the secretary of health
and environment shall, after consulting with the medical cannabis advisory
committee, adopt rules and regulations to administer the medical cannabis
regulation program and implement and enforce the provisions of the
medical cannabis regulation act. Such rules and regulations shall:
(1) Establish procedures for registration of patients and caregivers
and eligibility requirements for registration, including registration fees;
(2) establish procedures for the issuance of patient or caregiver
identification cards;
(3) establish renewal schedules, procedures and fees for registrations;
(4) subject to the provisions of subsection (b), specify, by form and
tetrahydrocannabinol content, a 60-day maximum supply of medical
cannabis that may be purchased and possesssed;
(5) establish procedures for notification of cultivation of medical
cannabis for personal use by a patient and such other limitations or
restrictions on such cultivation as required by law or as the secretary
deems necessary for the safe and effective administration of the medical
cannabis regulation act;
(6) specify the forms or methods of using medical cannabis that are
attractive to children; and
(7) establish a program to assist patients who are indigent or who are
veterans in obtaining medical cannabis.
(b) Any maximum supply of medical cannabis that may be purchased
by a patient or caregiver shall allow for exceptions from the limits
provided in section 10(b), and amendments thereto, upon submission of a
written certification from two independent physicians that there are
compelling reasons for the patient or caregiver to purchase greater
quantities of medical cannabis.
(c) When adopting rules and regulations under this section, the
secretary shall consider standards and procedures that have been found to
be best practices relative to the use and regulation of medical cannabis.
New Sec. 15. (a) Any person may submit a petition to the medical
cannabis advisory committee requesting that a disease or condition be
added as a qualifying medical condition for the purposes of this act. The
petition shall be submitted in such form and manner as prescribed by the
secretary of health and environment. A petition shall not seek to add a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 14
broad category of diseases or conditions but shall be limited to one disease
or condition and shall include a description of such disease or condition.
(b) Upon receipt of a petition, the committee shall review such
petition to determine whether to recommend the approval or denial of such
disease or condition as an addition to the list of qualifying medical
conditions. The committee may consolidate the review of petitions for the
same or similar diseases or conditions. In making its determination, the
committee shall:
(1) Consult with one or more experts who specialize in the study of
the disease or condition;
(2) review any relevant medical or scientific evidence pertaining to
the disease or condition;
(3) consider whether conventional medical therapies are insufficient
to treat or alleviate the disease or condition;
(4) review evidence supporting the use of medical cannabis to treat or
alleviate the disease or condition; and
(5) review any letters of support provided by physicians with
knowledge of the disease or condition, including any letter provided by a
physician treating the petitioner.
(c) Upon completion of its review, the committee shall make a
recommendation to the secretary of health and environment whether to
approve or deny the addition of the disease or condition to the list of
qualifying medical conditions. The secretary shall adopt rules and
regulations in accordance with the recommendation of the committee.
(d) Prior to July 1, 2027, and every three years thereafter, the
committee shall review all diseases or conditions that have been
previously recommended for approval by the committee and adopted by
the secretary of health and environment through rules and regulations to
determine if the inclusion of any such diseases or conditions are no longer
supported by scientific evidence. The inclusion of any such disease or
condition that the committee determines is no longer supported by
scientific evidence shall be recommended by the committee to the
secretary of health and environment for removal from the list of qualifying
medical conditions.
New Sec. 16. On or before July 1, 2024, the department of health and
environment shall make a website available for the public to access
information regarding patient and caregiver registration under the medical
cannabis regulation act.
New Sec. 17. A medical cannabis registry identification card, or its
equivalent, that is issued under the laws of another state, district, territory,
commonwealth or insular possession of the United States that is verifiable
by the jurisdiction of issuance and allows a nonresident patient to purchase
and possess medical cannabis for medical purposes shall have the same
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 15
force and effect as an identification card issued by the secretary pursuant
to this act if the nonresident patient has not been residing in this state for
more than 180 days.
New Sec. 18. (a) Except as provided in subsection (j), a physician
seeking to recommend treatment with medical cannabis shall apply to the
board of healing arts for a certificate authorizing such physician to
recommend treatment with medical cannabis. The application shall be
submitted in such form and manner as prescribed by the board. The board
shall grant a certificate to recommend such treatment if the following
conditions are satisfied:
(1) The application is complete and meets the requirements
established in rules and regulations adopted by the board of healing arts;
and
(2) the applicant demonstrates that the applicant does not have an
ownership or investment interest in or compensation arrangement with an
entity licensed by the director of alcohol and cannabis control under this
act or an applicant for such licensure.
(b) (1) Pursuant to rules and regulations adopted by the board of
healing arts, a certificate to recommend treatment with medical cannabis
shall:
(A) Expire one year from the date of issuance unless renewed in the
manner prescribed by the board; and
(B) require an annual fee in an amount not to exceed $175.
(2) Renewal of a certificate to recommend treatment with medical
cannabis shall be conditioned upon the holder's certification of having met
the requirements in subsection (a), paying the required renewal fee and
having completed at least two hours of continuing medical education in
medical cannabis in accordance with subsection (g).
(c) A physician licensed in this state who holds a certificate to
recommend treatment with medical cannabis may recommend that a
patient be treated with medical cannabis if:
(1) The patient has been diagnosed with a qualifying medical
condition;
(2) an ongoing physician-patient relationship has been established by
an initial office visit; and
(3) an in-person physical examination of the patient was performed
by the physician together with a review of all of the patient's medical
records, particularly relating to the medical indication for a
tetrahydrocannabinol recommendation.
(d) In the case of a patient who is a minor, the physician may
recommend treatment with medical cannabis only after obtaining the
consent of the patient's parent or other person authorized to provide
consent to such treatment.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 16
(e) When issuing a written recommendation to a patient, a physician
shall specify any information required by rules and regulations adopted by
the board of healing arts. A written recommendation issued to a patient
under this section shall be valid for a period of not more than 90 days. A
physician may renew the recommendation for not more than three
additional periods of not more than 90 days each. Thereafter, a physician
may issue another recommendation to the patient only upon a physical
examination of the patient.
(f) Each year, a physician holding a certificate to recommend
treatment with medical cannabis shall submit to the board of healing arts a
report that describes the physician's observations regarding the
effectiveness of medical cannabis in treating the physician's patients
during the year covered by the report. When submitting reports, a
physician shall not include any information that identifies or would tend to
identify any specific patient.
(g) Each year, a physician holding a certificate to recommend
treatment with medical cannabis shall complete at least two hours of
continuing medical education in the treatment with and use of medical
cannabis as approved by the board of healing arts.
(h) A physician shall not issue a recommendation for treatment with
medical cannabis for a member of such physician's family or the
physician's self, or personally furnish or otherwise administer medical
cannabis.
(i) A physician holding a certificate to recommend treatment with
medical cannabis shall be immune from civil liability, shall not be subject
to professional disciplinary action by the board of healing arts and shall
not be subject to criminal prosecution for any of the following actions:
(1) Advising a patient, patient representative or caregiver about the
benefits and risks of medical cannabis to treat a qualifying medical
condition;
(2) recommending that a patient use medical cannabis to treat or
alleviate a qualifying medical condition; or
(3) monitoring a patient's treatment with medical cannabis.
(j) This section shall not apply to a physician who recommends
treatment with cannabis or a drug derived from cannabis under any of the
following that is approved by an institutional review board or equivalent
entity, the United States food and drug administration or the national
institutes of health or one of its cooperative groups or centers under the
United States department of health and human services:
(1) A research protocol;
(2) a clinical trial;
(3) an investigational new drug application; or
(4) an expanded access submission.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 17
New Sec. 19. (a) On or before September 1, 2024, the board of
healing arts shall adopt rules and regulations to implement and enforce the
provisions of section 18, and amendments thereto. Such rules and
regulations shall include:
(1) Procedures and fees for applying for a certificate to recommend
treatment with medical cannabis;
(2) conditions for eligibility for a certificate to recommend treatment
with medical cannabis;
(3) a schedule, fees and procedures for renewing such certificate;
(4) reasons for which a certificate may be suspended or revoked;
(5) standards under which a certificate suspension may be lifted; and
(6) a requirement that each certified physician who recommends
medical cannabis for treatment to a patient shall meet the applicable
standard of care.
(b) The board of healing arts shall approve one or more continuing
medical education courses of study that assist physicians holding
certificates to recommend treatment with medical cannabis in diagnosing
and treating qualifying medical conditions with medical cannabis.
New Sec. 20. (a) Any person who seeks to cultivate, conduct
laboratory testing of, process, distribute or sell at retail medical cannabis,
medical cannabis concentrate or medical cannabis products shall submit an
application for the appropriate license to the director in such form and
manner as prescribed by the director. A separate license application shall
be submitted for each location to be operated by the licensee.
(b) The director shall issue a license to an applicant if the:
(1) Criminal history record check conducted pursuant to section 45,
and amendments thereto, demonstrates that the applicant is not
disqualified from holding a license pursuant to section 21, and
amendments thereto;
(2) applicant is not applying for a laboratory license and demonstrates
that such applicant does not:
(A) Have an ownership or investment interest in or compensation
arrangement with a licensed laboratory or an applicant for such license; or
(B) share any corporate officers or employees with a licensed
laboratory or an applicant for such license;
(3) applicant is not a registered caregiver under section 8, and
amendments thereto;
(4) applicant demonstrates that such applicant will not violate the
provisions of section 43, and amendments thereto;
(5) applicant demonstrates that such applicant will comply with the
provisions of section 44, and amendments thereto;
(6) applicant has submitted a tax clearance certificate issued by the
department of revenue;
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 18
(7) applicant has submitted an attestation to the director under penalty
of perjury, in a form and manner prescribed by the director, that confirms
or denies the existence of any foreign financial interests associated with
the entity applying for such license and discloses the identity of such
ownership, if applicable; and
(8) applicant meets all other licensure eligibility conditions
established in rules and regulations adopted by the secretary of revenue
and has paid all required fees.
(c) The director may issue the following licenses:
(1) Cultivator license;
(2) laboratory license;
(3) processor license;
(4) distributor license; and
(5) retail dispensary license.
(d) The director shall issue not less than 15% of cultivator, laboratory,
processor, distributor and retail dispensary licenses to entities that are
owned and controlled by United States citizens who are residents of this
state and are members of one of the following economically disadvantaged
groups: Blacks or African Americans, American Indians, Hispanics or
Latinos and Asians. If no applications or an insufficient number of
applications are submitted by such entities that meet the conditions set
forth in subsection (b), licenses shall be issued in accordance with
subsections (a) and (b).
(e) All licenses issued under this section shall be valid for a period of
one year from the effective date as specified on the license.
(f) A license may be renewed by submitting a license renewal
application and paying the required fee.
New Sec. 21. (a) All cultivator, laboratory, processor, distributor and
retail dispensary licenses issued pursuant to section 20, and amendments
thereto, shall only be issued to a person:
(1) Who is a citizen of the United States;
(2) who has not had a license revoked for cause under the provisions
of this act or has not had any license issued under the medical cannabis
laws of any state revoked for cause, except that a license may be issued to
a person whose license was revoked for the conviction of a misdemeanor
at any time after the lapse of 10 years following the date of the revocation;
(3) who is at least 18 years of age;
(4) who, other than as a member of the governing body of a city or
county, does not appoint or supervise any law enforcement officer, is not a
law enforcement officer or is not an employee of the director;
(5) who does not intend to carry on the business authorized by the
license as an agent of another;
(6) who, at the time of application for renewal of any license issued
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 19
under this act, would be eligible for the license upon a first application,
except as provided in paragraph (11);
(7) who owns the premises for which a license is sought or, at the
time of application, has a written lease thereon;
(8) whose spouse would be eligible to receive a license under this act,
except that:
(A) A spouse's ineligibility due to citizenship or age shall not
disqualify a person from licensure; and
(B) a spouse's ineligibility shall not apply in determining eligibility
for renewal of a license; and
(9) who has not been found to have held an undisclosed beneficial
interest in any license issued pursuant to this act that was obtained by
means of fraud or any false statement made on the application for such
license.
(b) If the applicant is not an individual, then the license shall only be
issued to a business entity formed in this state and registered with the
secretary of state. No license shall be issued to a publicly traded
corporation. Such entity shall submit the following to the director along
with the application for licensure:
(1) A certificate of good standing;
(2) a copy of such entity's bylaws, operating agreement or other
document providing for the governance of such entity; and
(3) a certified document indicating:
(A) Each individual who holds a 10% or more ownership interest in
such applicant and each individual who holds a 10% or more ownership
interest in any business entity that holds an ownership interest in the
applicant;
(B) the percentage of ownership interest of each such individual or
business entity; and
(C) the residential address of each such individual.
(c) All individuals holding a 10% or more ownership interest in a
business entity applying for a license shall satisfy the requirements for
licensure under subsections (a)(1), (a)(2), (a)(4), (a)(5), (a)(6) and (a)(9).
(d) All business entities holding a license shall notify the director of
any change in such entity's registration status with the secretary of state,
any amendment of such entity's governing documents and any change in
ownership, including the names and addresses of the individuals whose
ownership interest changed within 30 days after such change occurs.
(e) Any transfer of a license shall be reported to and approved by the
director. The director shall not approve any transfer of a license to any
individual or business entity that does not satisfy the requirements of this
section at the time of the transfer.
(f) Any compensation, fee, expense or similarly characterized
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 20
nonequity payment that is contingent on or otherwise determined in a
manner that factors in profits, sales, revenue or cash flow of any kind
relating to a licensee's operation, including, but not limited to, profit-based
consulting fees and percentage rent payments is prohibited. Any licensee
that enters into an agreement for any prohibited compensation, fee,
expense or payment shall forfeit such entity's license to the director. Such
prohibited compensation, fee, expense or payment:
(1) Includes any distribution that is made by a licensee to one or more
individuals or other entities residing or domiciled outside this state that
hold an equity or similar ownership interest in the licensee if such
distribution is greater than 25% of the total distributed amount; and
(2) does not include payments of fixed amounts that are determined
prior to the commencement of applicable services.
(g) For purposes of this section, the term "business entity" includes
for-profit corporations, limited liability companies, partnerships, limited
partnerships, limited liability partnerships and trusts. If the applicant is a
trust, references to individual ownership interests in the trust mean any
grantor, beneficiary or trustee of such trust.
New Sec. 22. (a) A cultivator licensee may cultivate medical cannabis
in a building designated by the licensee that complies with the provisions
of section 44, and amendments thereto. A cultivator may:
(1) Transport, deliver or sell medical cannabis to one or more
licensed cultivators, processors, distributors or retail dispensaries; and
(2) purchase or receive medical cannabis from one or more licensed
cultivators.
(b) (1) Unless authorized by this act, a cultivator shall not transfer or
sell medical cannabis and a processor shall not transfer, sell or process into
a concentrate or medical cannabis product any medical cannabis, medical
cannabis concentrate or medical cannabis product unless samples from
each harvest batch or production batch from which such medical cannabis,
medical cannabis concentrate or medical cannabis product was derived has
been tested by a licensed laboratory for contaminants and has passed all
contaminant tests required by this act.
(2) A cultivator may transfer medical cannabis that has failed testing
for quality control to a licensed processor only for the purposes of
decontamination or remediation and only in accordance with the
provisions of this act.
(c) A cultivator shall employ only those individuals who hold an
employee license issued pursuant to section 29, and amendments thereto,
and have completed the training requirements established by rules and
regulations adopted by the secretary of revenue.
(d) A cultivator shall not cultivate medical cannabis for personal,
family or household use or on any public land.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 21
New Sec. 23. (a) Prior to July 1, 2024, the director shall contract with
an operational private laboratory for the purpose of conducting compliance
and quality assurance testing of licensed cultivators, laboratories and
processors to provide public safety and ensure that quality medical
cannabis, medical cannabis concentrate and medical cannabis products are
available to registered patients and caregivers.
(b) A laboratory under contract with the director for compliance and
quality assurance testing shall not:
(1) Conduct any other commercial medical cannabis testing in this
state; or
(2) employ or be owned by any individual:
(A) Who has a direct or indirect financial interest in any entity
holding a license issued pursuant to section 20, and amendments thereto;
(B) whose spouse, parent, child, sibling or spouse of a child or sibling
has a pending application for a license issued pursuant to section 20, and
amendments thereto; or
(C) who is a member of the board of directors of any entity holding a
license issued pursuant to section 20, and amendments thereto.
(c) A laboratory under contract with the director for compliance and
quality assurance shall be accessible and utilized for any medical cannabis
testing needs by any regulatory agency within the state, including, but not
limited to, the department of health and environment, the Kansas bureau of
investigation and the state fire marshal.
New Sec. 24. (a) The director shall propose rules and regulations as
necessary to develop acceptable testing and research practices in
consultation with the compliance and quality assurance testing laboratory
contracted with pursuant to section 23, and amendments thereto, including,
but not limited to, testing, standards, quality control analysis, equipment
certification and calibration and chemical identification and substances
used in bona fide research methods. After the hearing on proposed rules
and regulations has been held as required by law, the director shall submit
any such proposed rules and regulations to the secretary of revenue who,
upon approval by the secretary, shall adopt such rules and regulations.
(b) The director shall recommend rules and regulations for laboratory
testing performed under this act concerning:
(1) The cleanliness and orderliness of the premises of a licensed
laboratory and the establishing of licensed laboratories in secured
locations;
(2) the inspection, cleaning and maintenance of any equipment or
utensils used for the analysis of test samples;
(3) testing procedures and standards for cannabinoid and terpenoid
potency and safe levels of contaminants and appropriate remediation and
validation procedures;
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 22
(4) controlled access areas for storage of medical cannabis, medical
cannabis concentrate and medical cannabis product test samples, waste
and reference standards;
(5) the establishment by the laboratory of a system, including
computer systems to be utilized by the laboratory, to retain and maintain
all required records, including business records, and processes to ensure
results are reported in a timely and accurate manner;
(6) the possession, storage and use by the laboratory of reagents,
solutions and reference standards;
(7) a certificate of analysis for each lot of reference standard;
(8) the transport and disposal of unused medical cannabis, medical
cannabis concentrate and medical cannabis product and waste;
(9) the mandatory use by a laboratory of an inventory tracking system
to ensure all test harvest and production batches or samples containing
medical cannabis, medical cannabis concentrate or medical cannabis
products are identified and tracked from the point such substances are
transferred from an entity holding a license issued pursuant to section 20,
and amendments thereto, or a registered patient or caregiver through the
point of transfer, destruction or disposal. The inventory tracking system
reporting shall include the results of any tests that are conducted;
(10) the employment of laboratory personnel;
(11) a written standard operating procedure manual to be maintained
and updated by the laboratory;
(12) the successful participation in a proficiency testing program
approved by the director for conducting testing required by section 25, and
amendments thereto, in order to obtain and maintain certification;
(13) the establishment of and adherence to a quality assurance and
quality control program to ensure sufficient monitoring of laboratory
processes and the quality of results reported;
(14) the immediate recall of medical cannabis, medical cannabis
concentrate or medical cannabis products that test above allowable
thresholds or are otherwise determined to be unsafe;
(15) the establishment by the laboratory of a system to document the
complete chain of custody for samples from receipt through disposal; and
(16) any other aspect of laboratory testing of medical cannabis,
medical cannabis concentrate or medical cannabis product deemed
necessary by the director.
New Sec. 25. (a) (1) The issuance of a laboratory license shall be
contingent upon a successful on-site inspection, participation in
proficiency testing and ongoing compliance with the requirements of this
act. The laboratory premises specified in the license application shall be
inspected prior to initial licensure and not more than six times annually by
an inspector approved by the director.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 23
(2) On and after July 1, 2024, accreditation by the national
environmental laboratory accreditation program, ANSI national
accreditation board or another accrediting body approved by the director
shall be required for licensure and renewal of licensure of a laboratory
license.
(b) No ownership interest in a licensed laboratory shall be held by a
person who has a direct or indirect beneficial ownership interest in any
licensed cultivator, processor, distributor or retail dispensary. A licensed
laboratory shall establish policies to prevent the existence of or the
appearance of undue commercial, financial or other influences that
diminish or have the effect of diminishing the public confidence in the
competency, impartiality and integrity of the testing processes or results of
such laboratory. Such policies shall prohibit employees, owners or agents
of a laboratory who participate in any aspect of the analysis and results of
a sample from improperly influencing the testing process, manipulating
data or benefiting from any ongoing financial, employment, personal or
business relationship with the licensed entity that submitted the sample for
testing.
(c) A licensed laboratory shall retain all results of laboratory tests
conducted on medical cannabis, medical cannabis concentrate or medical
cannabis products for a period of at least two years and shall promptly
provide the director access to such results and the underlying data. The
director shall also have access to the laboratory premises and any material
or information requested by the director to determine compliance with the
requirements of this act.
(d) A licensed laboratory shall establish standards, policies and
procedures for laboratory testing procedures in accordance with rules and
regulations adopted by the secretary of revenue. Samples from each
harvest batch or product batch, as appropriate, of medical cannabis,
medical cannabis concentrate and medical cannabis product shall be tested
for each of the following categories:
(1) Microbials;
(2) mycotoxins;
(3) residual solvents;
(4) pesticides;
(5) tetrahydrocannabinol and other cannabinoid potency;
(6) terpenoid potency type and concentration;
(7) moisture content;
(8) homogeneity; and
(9) heavy metals.
(e) (1) For testing and research purposes only, including the provision
of testing services for samples submitted for product development, a
licensee may accept test samples of medical cannabis, medical cannabis
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 24
concentrate or medical cannabis product from any entity:
(A) Holding a license issued pursuant to section 20, and amendments
thereto; or
(B) designated in section 47, and amendments thereto.
(2) A licensee may accept test samples of medical cannabis, medical
cannabis concentrate and medical cannabis products from an individual
person for testing if such person is a:
(A) Registered patient or caregiver and such person provides the
laboratory with the individual's registration identification and a valid photo
identification; or
(B) participant in an approved clinical or observational study
conducted by any entity designated in section 47, and amendments thereto.
(3) A licensee may transfer samples to another licensed laboratory for
testing. All laboratory reports provided to or by an entity holding a license
issued pursuant to section 20, and amendments thereto, or to a patient or
caregiver shall identify the licensed laboratory that performed the testing
of the sample. A licensee may utilize a licensed distributor to transport
samples for testing from the licensed premises requesting testing services
and the licensed laboratory performing testing services.
(f) A licensee shall employ only those individuals who hold an
employee license issued pursuant to section 29, and amendments thereto,
and have completed the training requirements established by rules and
regulations adopted by the secretary of revenue.
New Sec. 26. (a) A processor licensee may:
(1) Purchase or receive medical cannabis from one or more licensed
cultivators or processors;
(2) subject to subsection (b), process medical cannabis obtained from
one or more licensed cultivators into a form described in section 30, and
amendments thereto; and
(3) transport, deliver or sell processed medical cannabis, medical
cannabis concentrate and medical cannabis products to one or more
licensed processors, distributors or retail dispensaries.
(b) When packaging medical cannabis, medical cannabis concentrate
and medical cannabis products, a licensed processor shall comply with any
packaging and labeling requirements established by rules and regulations
adopted by the secretary of revenue.
(c) A processor shall employ only those individuals who hold an
employee license issued pursuant to section 29, and amendments thereto,
and have completed the training requirements established by rules and
regulations adopted by the secretary of revenue.
New Sec. 27. (a) A distributor licensee may:
(1) Purchase at wholesale medical cannabis, medical cannabis
concentrate and medical cannabis products from one or more licensed
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 25
cultivators or processors;
(2) store medical cannabis, medical cannabis concentrate and medical
cannabis products obtained from one or more licensed cultivators or
processors in a form described in section 30, and amendments thereto; and
(3) transport, deliver, package or sell medical cannabis and medical
cannabis products in a form described in section 30, and amendments
thereto, to one or more licensed retail dispensaries.
(b) When storing or selling medical cannabis, a licensed distributor
shall comply with any packaging and labeling requirements established by
rules and regulations adopted by the secretary of revenue.
(c) A distributor shall employ only those individuals who hold an
employee license issued pursuant to section 29, and amendments thereto,
and have completed the training requirements established by rules and
regulations adopted by the secretary of revenue.
New Sec. 28. (a) A retail dispensary licensee may purchase or receive
medical cannabis and medical cannabis products from one or more
licensed cultivators, processors or distributors and may dispense and sell
medical cannabis and medical cannabis products in accordance with
subsection (b).
(b) When dispensing and selling medical cannabis and medical
cannabis products, a retail dispensary shall:
(1) Dispense and sell medical cannabis and medical cannabis
products only to a person who provides the licensee with a current, valid
patient or caregiver identification card and only in accordance with a
written recommendation issued by a physician; and
(2) comply with any packaging and labeling requirements established
by rules and regulations adopted by the secretary of revenue, including,
but not limited to, labeling medical cannabis and medical cannabis
products with the following information:
(A) The name and address of the licensed cultivator or processor that
produced the medical cannabis or medical cannabis product and the retail
dispensary;
(B) the name of the patient and caregiver, if any;
(C) the name of the physician who issued the written
recommendation;
(D) the directions for use, if any, as recommended by the physician;
(E) the health warning as specified in rules and regulations adopted
by the secretary of health and environment;
(F) the date on which the medical cannabis or medical cannabis
product was dispensed; and
(G) the quantity, strength, kind or form of medical cannabis contained
in the package.
(c) A retail dispensary shall employ only those individuals who hold
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 26
an employee license issued pursuant to section 29, and amendments
thereto, and have completed the training requirements established by rules
and regulations adopted by the secretary of revenue.
(d) A retail dispensary shall designate a consultant who is registered
as a consultant pursuant to section 39, and amendments thereto.
(e) A retail dispensary shall not make public any information received
or collected by such licensee that identifies or would tend to identify any
specific patient.
New Sec. 29. (a) Each individual who seeks to be employed by a
person holding a license issued pursuant to section 20, and amendments
thereto, shall submit an application for an employee license to the director
in such form and manner as prescribed by the director. The director shall
issue a license to an applicant if all of the following conditions are met:
(1) The criminal history record check conducted pursuant to section
45, and amendments thereto, demonstrates that the applicant is not
disqualified from holding a license pursuant to section 20, and
amendments thereto; and
(2) the applicant meets all other licensure eligibility conditions
established in rules and regulations adopted by the secretary of revenue
and has paid all required fees.
(b) An employee license shall be valid for a period of one year from
the effective date as specified on the license and may be renewed by
submitting a license renewal application and paying the required fee.
(c) A license issued pursuant to this section shall not be associated
with a specific licensed cultivator, laboratory, processor, distributor or
retail dispensary. The holder of an employee license may be employed by
any such licensee.
New Sec. 30. (a) Only the following forms of medical cannabis may
be dispensed under the medical cannabis regulation act:
(1) Oils;
(2) tinctures, including, but not limited to, sublingual tinctures;
(3) plant material;
(4) edibles;
(5) topical creams and ointments;
(6) vaginal and anal suppositories;
(7) forms appropriate for administration by vaporization or
nebulization; or
(8) any other form approved by the secretary of revenue under section
31, and amendments thereto.
(b) Any form or method of using medical cannabis that is considered
attractive to children is prohibited.
(c) No form of medical cannabis shall be dispensed from a vending
machine or through electronic commerce.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 27
New Sec. 31. (a) Any person may submit a petition to the director
requesting that a form or method of using medical cannabis be approved
for the purposes of section 30, and amendments thereto. The petition shall
be submitted in such form and manner as prescribed by the director.
(b) Upon receipt of a petition, the director shall review such petition
to determine whether to recommend approval of the form or method of
using medical cannabis described in the petition. The director may
consolidate the review of petitions for the same or similar forms or
methods. The director shall consult with the medical cannabis advisory
committee and review any relevant scientific evidence when reviewing a
petition. The director shall recommend to the secretary of revenue whether
to approve or deny the proposed form or method of using medical
cannabis. The secretary shall approve or deny such proposed form or
method. The secretary's decision shall be final.
(c) Any petition for a proposed form or method of using medical
cannabis that is substantially the same as a petition that was denied by the
secretary during the immediately preceding 12 months shall be rejected
without recommendation to the secretary.
New Sec. 32. (a) The fees for licenses issued by the director pursuant
to this act shall be set by rules and regulations adopted by the secretary of
revenue in accordance with this section.
(b) The fees for a cultivator license shall be:
(1) $2,500 for a cultivator license application or application for the
renewal thereof; and
(2) (A) $2,500 for a cultivator license for not more than 10,000
square feet of canopy;
(B) $5,000 for a cultivator license for more than 10,000 square feet
but not more than 20,000 square feet of canopy;
(C) $10,000 for a cultivator license for more than 20,000 square feet
but not more than 40,000 square feet of canopy;
(D) $20,000 for a cultivator license for more than 40,000 square feet
but not more than 60,000 square feet of canopy;
(E) $30,000 for a cultivator license for more than 60,000 square feet
but not more than 80,000 square feet of canopy;
(F) $40,000 for a cultivator license for more than 80,000 square feet
but not more than 99,999 square feet of canopy; and
(G) $50,000 for a cultivator license for 100,000 square feet of canopy
plus an additional $0.25 for each square foot of canopy in excess of
100,000.
(c) The fees for a processor license shall be:
(1) $2,500 for a processor license application or application for the
renewal thereof; and
(2) (A) $2,500 for a processor license for not more than 10,000
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 28
pounds of biomass or the production or use of not more than 100 liters of
cannabis concentrate;
(B) $5,000 for a processor license for more than 10,000 pounds but
not more than 50,000 pounds of biomass or the production or use of more
than 100 liters but not more than 350 liters of cannabis concentrate;
(C) $10,000 for a processor license for more than 50,000 pounds but
not more than 150,000 pounds of biomass or the production or use of more
than 350 liters but not more than 650 liters of cannabis concentrate;
(D) $15,000 for a processor license for more than 150,000 pounds but
not more than 300,000 pounds of biomass or the production or use of more
than 650 liters but not more than 1,000 liters of cannabis concentrate; and
(E) $20,000 for a processor license for more than 300,000 pounds of
biomass or the production or use of more than 1,000 liters of cannabis
concentrate.
(d) The fees for a distributor license shall be:
(1) $2,500 for a distributor license application or application for the
renewal thereof; and
(2) $20,000 for a distributor license or the renewal thereof.
(e) The fees for a retail dispensary license shall be:
(1) $2,500 for a retail dispensary license application or application for
the renewal thereof; and
(2) an amount equal to 10% of the aggregate amount of retail sales
tax levied on sales of medical cannabis by the retail dispensary licensee for
the immediately preceding 12 months, but in no event shall the fee be less
than $2,500 or more than $10,000 for a retail dispensary license or the
renewal thereof.
(f) The fees for a laboratory license shall be:
(1) $2,500 for a laboratory license application or application for the
renewal thereof; and
(2) $20,000 for a laboratory license or the renewal thereof.
(g) The fee for an employee license shall be in an amount not to
exceed $50.
(h) All fees imposed pursuant to subsections (b), (c), (d), (e) and (f)
shall not be refundable.
New Sec. 33. (a) The director may refuse to issue or renew a license,
or may revoke or suspend a license if the applicant has:
(1) Failed to comply with any provision of the medical cannabis
regulation act, any rules and regulations adopted thereunder or any lawful
order issued by the director;
(2) failed to adhere to any acknowledgment, verification or other
representation made to the director when applying for a license; or
(3) failed to submit or disclose information requested by the director.
(b) The director shall refuse to issue or renew a license and shall
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 29
revoke a license if the applicant has falsified or misrepresented any
information submitted to the director in order to obtain a license.
New Sec. 34. (a) In addition to or in lieu of any other civil or criminal
penalty as provided by law, the director may impose a civil penalty or
suspend or revoke a license upon a finding that the licensee committed a
violation as provided in this section.
(b) (1) Upon a finding that a licensee has submitted fraudulent
information or otherwise falsified or misrepresented information required
to be submitted by such licensee, the director may impose a civil fine in an
amount not to exceed $5,000 for a first offense and may suspend or revoke
such licensee's license for a second or subsequent offense.
(2) (A) Except as provided in paragraph (B), upon a finding that a
licensee has cultivated, tested, processed, sold, transferred or otherwise
distributed medical cannabis in violation of this act, the director may
impose a civil fine in an amount not to exceed $5,000 for a first offense
and may suspend or revoke such licensee's license for a second or
subsequent offense.
(B) Upon a finding that a retail dispensary licensee has knowingly
disclosed patient information to any individual, the director shall impose a
civil fine in an amount not to exceed $5,000 and revoke such licensee's
license.
(c) The director may require any licensee to submit a sample of
medical cannabis, medical cannabis concentrate or medical cannabis
product to a laboratory upon demand.
(d) If the director suspends, revokes or refuses to renew any license
issued pursuant to this act and determines that there is clear and
convincing evidence of a danger of immediate and serious harm to any
person, the director may place under seal all medical cannabis owned by or
in the possession, custody or control of the affected license holder. Except
as provided in this section, the director shall not dispose of the sealed
medical cannabis until a final order is issued authorizing such disposition.
During the pendency of an appeal from any order by the director, a court
may order the director to sell medical cannabis that is perishable, and the
proceeds of any such sale shall be deposited with the court.
New Sec. 35. (a) Any citation issued by an agent of the division of
alcohol and cannabis control for a violation of the medical cannabis
regulation act shall be delivered to the licensee or a person in charge of the
licensed premises at the time of the alleged violation. A copy of such
citation also shall be delivered by United States mail to the licensee within
30 days of the alleged violation.
(b) Any duly authorized law enforcement officer who observes a
violation of the medical cannabis regulation act may, after serving notice
to the licensee or a person in charge of the licensed premises, submit a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 30
report of such violation to the division of alcohol and cannabis control for
review. Upon receipt of such report, the director shall review the report
and determine if administrative action will be taken against the licensee. If
the director determines that administrative action will be taken, an
administrative citation and notice of administrative action shall be
delivered by United States mail to the licensee within 30 days of the date
of the alleged violation.
(c) The notice required to be served to the licensee or a person in
charge of the licensed premises at the time of the alleged violation
pursuant to subsection (b) shall be in writing and shall contain the
following:
(1) The name of the licensee;
(2) the date and time of the alleged violation;
(3) a description of the alleged violation; and
(4) a statement that a report of the alleged violation will be submitted
to the division of alcohol and cannabis control for review.
(d) Any citations not issued in accordance with the provisions of this
section shall be void and unenforceable.
(e) For purposes of this section, the term "person in charge" means
any individual or employee present on the licensed premises at the time of
the alleged violation who is responsible for the operation of the licensed
premises. If no designated individual or employee is a person in charge,
then any employee present is the person in charge.
New Sec. 36. (a) There is hereby established the medical cannabis
business regulation fund in the state treasury. The director of alcohol and
cannabis control shall administer the medical cannabis business regulation
fund and shall remit all moneys collected from the payment by licensees of
all fees and fines imposed by the director pursuant to the medical cannabis
regulation act and any other moneys received by or on behalf of the
director pursuant to such act to the state treasurer in accordance with the
provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
each such remittance, the state treasurer shall deposit the entire amount in
the state treasury to the credit of the medical cannabis business regulation
fund. Moneys credited to the medical cannabis business regulation fund
shall only be expended or transferred as provided in this section.
Expenditures from such fund shall be made in accordance with
appropriation acts upon warrants of the director of accounts and reports
issued pursuant to vouchers approved by the director or the director's
designee.
(b) Moneys in the medical cannabis business regulation fund shall be
used for the payment or reimbursement of costs related to the regulation
and enforcement of the cultivation, testing, distributing, possession,
processing and sale of medical cannabis by the division of alcohol and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 31
cannabis control.
New Sec. 37. (a) On or before July 1, 2024, the director shall propose
rules and regulations to administer the medical cannabis regulation
program and implement and enforce the provisions of the medical
cannabis regulation act. The secretary of revenue shall, after consulting
with the medical cannabis advisory committee, adopt rules and regulations
to administer the medical cannabis regulation program and implement and
enforce the provisions of this act. Such rules and regulations shall:
(1) Establish application procedures and fees for licenses issued
under sections 20 and 29, and amendments thereto;
(2) specify the conditions for eligibility for licensure;
(3) establish a license renewal schedule, renewal procedures and
renewal fees;
(4) establish standards and procedures for the testing of medical
cannabis by a licensed laboratory;
(5) establish official packaging and labeling requirements that:
(A) Designate the package as Kansas medical cannabis;
(B) include the information required under section 28, and
amendments thereto;
(C) ensure the packaging is not attractive to children;
(D) ensure the packaging is tamper-proof and child-resistant; and
(E) all labels are exclusively in black and white;
(6) specify licensed premises security requirements in accordance
with section 44, and amendments thereto; and
(7) establish training requirements for employees of licensed
cultivators, laboratories, processors, distributors and retail dispensaries.
(b) When adopting rules and regulations, the secretary shall consider
standards and procedures that have been found to be best practices relative
to the use and regulation of medical cannabis.
New Sec. 38. On or before July 1, 2024, the state board of pharmacy
shall adopt rules and regulations establishing the requirements for the
registration of consultants, including the fee for such registration and the
renewal thereof.
New Sec. 39. (a) Any pharmacist or mid-level practitioner, as defined
in K.S.A. 65-1626, and amendments thereto, who seeks to operate as a
consultant for a retail dispensary shall register with the state board of
pharmacy in accordance with rules and regulations adopted by the board.
(b) In operating as a consultant for a retail dispensary, such consultant
shall:
(1) Not charge a fee for such consultant's services that exceeds 1% of
the gross annual receipts of such retail dispensary;
(2) audit each recommendation for use of medical cannabis and verify
that any medical cannabis dispensed to a patient or caregiver is in
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 32
accordance with such recommendation;
(3) develop and provide training to retail dispensary employees at
least once every 12 months that:
(A) Establishes guidelines for providing information to registered
patients related to risks, benefits and side effects associated with medical
cannabis;
(B) explains how to identify the signs and symptoms of substance
abuse;
(C) establishes guidelines for refusing to provide medical cannabis to
an individual who appears to be impaired or abusing medical cannabis;
and
(D) assists in the development and implementation of review and
improvement processes for patient education and support provided by the
retail dispensary;
(4) provide oversight for the development and dissemination of:
(A) Education materials for qualifying patients and designated
caregivers that include:
(i) Information about possible side effects and contraindications of
medical cannabis;
(ii) guidelines for notifying the physician who provided the written
recommendation for medical cannabis if side effects or contraindications
occur;
(iii) a description of the potential effects of differing strengths of
medical cannabis strains and products;
(iv) information about potential drug-to-drug interactions, including
interactions with alcohol, prescription drugs, nonprescription drugs and
supplements;
(v) techniques for the use of medical cannabis, medical cannabis
products and paraphernalia for the use of medical cannabis; and
(vi) information about different methods, forms and routes of medical
cannabis administration;
(B) systems for documentation by a registered patient or designated
caregiver of the symptoms of a registered patient that includes a logbook,
rating scale for pain and symptoms and guidelines for a patient's self-
assessment; and
(C) policies and procedures for refusing to provide medical cannabis
to an individual who appears to be impaired or abusing medical cannabis;
and
(5) be accessible by telephone or video conference to the retail
dispensary and for a patient consultation during operating hours.
(c) The state board of pharmacy shall establish a fee for registration
as a consultant that shall not exceed $100.
(d) Each consultant shall renew such consultant's registration
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 33
annually upon submitting a renewal application along with payment of the
required fee in such form and manner as prescribed by the board.
New Sec. 40. (a) There is hereby established the retail dispensary
consultant registration fee fund in the state treasury. The state board of
pharmacy shall administer the retail dispensary consultant registration fee
fund and shall remit all moneys collected from the payment by consultants
of all fees and fines imposed by the state board pursuant to the medical
cannabis regulation act and any other moneys received by or on behalf of
the state board pursuant to such act to the state treasurer in accordance
with the provisions of K.S.A. 75-4215, and amendments thereto. Upon
receipt of each such remittance, the state treasurer shall deposit the entire
amount in the state treasury to the credit of the retail dispensary consultant
registration fee fund. Moneys credited to the retail dispensary consultant
registration fee fund shall only be expended or transferred as provided in
this section. Expenditures from such fund shall be made in accordance
with appropriation acts upon warrants of the director of accounts and
reports issued pursuant to vouchers approved by the state board or the state
board's designee.
(b) Moneys in the retail dispensary consultant registration fee fund
shall be used for the payment or reimbursement of costs related to the
regulation and registration of consultants by the state board of pharmacy.
New Sec. 41. (a) The director shall establish and maintain an
electronic database to monitor medical cannabis from its seed source
through its cultivation, testing, processing, distribution and dispensing,
giving preference to systems that include tracking each plant beginning
with the plant's in vitro genetic origination data. The director may contract
with a separate entity to establish and maintain all or any portion of the
electronic database on behalf of the division of alcohol and cannabis
control.
(b) The electronic database shall allow for information regarding
medical cannabis to be updated instantaneously. Any licensed cultivator,
laboratory, processor, distributor or retail dispensary shall submit such
information to the director as the director determines is necessary for
maintaining the electronic database, including any manifest or other
shipping documents for seeds or seedlings shipped into this state.
(c) The director, any employee of the division, any entity under
contract with the director and any employee or agent thereof shall not
make public any information reported to or collected by the director under
this section that identifies or would tend to identify any specific patient.
Such information shall be kept confidential to protect the privacy of the
patient. The provisions of this subsection shall expire on July 1, 2029,
unless the legislature reviews and reenacts such provisions in accordance
with K.S.A. 45-229, and amendments thereto, prior to July 1, 2029.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 34
New Sec. 42. (a) There shall be no direct or indirect cooperative
advertising between or among two or more licensed cultivators, retail
dispensaries or physicians, or any combination thereof, where such
advertising has the purpose or effect of steering or influencing patient or
caregiver choice with regard to the selection of a physician, retail
dispensary or source of medical cannabis.
(b) All advertisements for medical cannabis or medical cannabis
products that make a statement relating to side effects, contraindications
and effectiveness shall present a true statement of such information. When
applicable, advertisements broadcast through media, including, but not
limited to, radio, television or any other electronic media, shall include
such information in the audio or audio and visual parts of the broadcast.
False or misleading information in any part of the advertisement shall not
be corrected by the inclusion of a true statement in another, distinct part of
the advertisement.
(c) An advertisement is false or otherwise misleading if such
advertisement:
(1) Contains a representation or suggestion that a medical cannabis
brand or product is better, more effective, useful in a broader range of
conditions or patients or safer than other drugs or treatments, including
other medical cannabis brands or products, unless such a claim has been
demonstrated by substantial evidence or substantial clinical experience;
(2) contains favorable information or opinions about a medical
cannabis brand or product previously regarded as valid but that have been
rendered invalid by contrary and more recent credible information;
(3) uses a quote or paraphrase out of context or without citing
conflicting information from the same source to convey a false or
misleading idea;
(4) cites or refers to a study on individuals without a qualifying
medical condition without disclosing that the subjects were not suffering
from a qualifying medical condition;
(5) uses data favorable to a medical cannabis product derived from
patients treated with a product or dosages different from those approved in
this state;
(6) contains favorable information or conclusions from a study that is
inadequate in design, scope or conduct to furnish significant support for
such information or conclusions; or
(7) fails to provide adequate emphasis for the fact that two or more
facing pages are part of the same advertisement when only one page
contains information relating to side effects, consequences and
contraindications.
(d) An advertisement for medical cannabis or medical cannabis
products shall not contain any:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 35
(1) Statement that is false or misleading in any material particular or
is otherwise in violation of the Kansas consumer protection act;
(2) statement that falsely disparages a competitor's products;
(3) statement, design or representation, picture or illustration that:
(A) Is obscene or indecent;
(B) encourages or represents the recreational use of cannabis or the
use of medical cannabis for a condition other than a qualifying medical
condition;
(C) relates to the safety or efficacy of medical cannabis unless
supported by substantial evidence or substantial clinical data; or
(D) portrays anyone under 18 years of age or contains the use of a
figure, symbol or language that is customarily associated with anyone
under 18 years of age;
(4) offer of a prize or award to a registered patient, caregiver or
physician related to the purchase of medical cannabis; or
(5) statement that indicates or implies that the product or entity in the
advertisement has been approved or endorsed by the secretary of health
and environment, the director, the state of Kansas or any person or entity
associated with the state.
(e) No advertisement shall be broadcast or otherwise disseminated if
the submitter of the advertisement has received information that has not
been widely publicized in medical literature that the use of the medical
cannabis product may cause fatalities or serious harm.
(f) The director may:
(1) Require that a specific disclosure be made in an advertisement in
a clear and conspicuous manner, if the director determines that such
advertisement would be false or misleading without such a disclosure; or
(2) make recommendations with respect to changes to such
advertisement that are:
(A) Necessary to protect the public health, safety and welfare; or
(B) consistent with dispensing information for the medical cannabis
or medical cannabis product that is the subject of such advertisment.
(g) A retail dispensary shall not:
(1) Advertise medical cannabis brand names or utilize graphics
related to cannabis or paraphernalia on the exterior of the building or
grounds of the licensed premises of such retail dispensary; or
(2) display any medical cannabis or paraphernalia that is clearly
visible from the exterior of such retail dispensary.
(h) Medical cannabis shall not be advertised for sale by any
cultivator, processor or distributor, except that such licensees may make a
price list available to a retail dispensary.
New Sec. 43. (a) Except as otherwise provided, no cultivator,
laboratory, processor, distributor or retail dispensary shall be located
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 36
within 1,000 feet of the boundaries of a parcel of real estate having
situated on it a school, religious organization, public library or public park.
If the relocation of a cultivator, laboratory, processor, distributor or retail
dispensary results in such licensee being located within 1,000 feet of the
boundaries of a parcel of real estate having situated on it a school,
religious organization, public library or public park, the director shall
revoke the license of such cultivator, laboratory, processor, distributor or
retail dispensary.
(b) (1) The director shall not revoke the license of a cultivator,
laboratory, processor, distributor or retail dispensary if such licensee
existed at a location prior to the establishment of a school, religious
organization, public library or public park that is located on real estate that
is within 1,000 feet of such licensee.
(2) Any applicant for a license may petition for and receive an
exemption from the provisions of this section upon approval by the
director if the proposed licensed premises:
(A) Has an industrial zoning classification; and
(B) is located not less than 500 feet of the boundaries of a parcel of
real estate having situated on it a school, religious organization, public
library or public park.
(c) This section shall not apply to research related to cannabis
conducted at a postsecondary educational institution, academic medical
center or private research and development organization as part of a
research protocol approved by an institutional review board or equivalent
entity.
(d) A county may prohibit the operation of retail dispensaries in such
county by adoption of a resolution. Any retail dispensary that is lawfully
operating at the time such resolution is adopted shall be permitted to
continue operating in such county and shall not be denied renewal of any
license based upon the adoption of such resolution.
(e) No license shall be issued for a premises unless such premises
complies with all applicable zoning and building regulations.
(f) As used in this section:
(1) "Public library" means any library established pursuant to article
12 of chapter 12 of the Kansas Statutes Annotated, and amendments
thereto, and any other library that serves the general public and is funded
in whole, or in part, from moneys derived from tax levies;
(2) "public park" means any park or other outdoor recreational area or
facility, including, but not limited to, parks, open spaces, trails, swimming
pools, playgrounds and playing courts and fields established by the state or
any political subdivision thereof;
(3) "religious organization" means any organization, church, body of
communicants or group gathered in common membership for mutual
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 37
support and edification in piety, worship and religious observances or a
society of individuals united for religious purposes at a definite place
owned by such entity that:
(A) Maintains an established place of worship within this state;
(B) has a regular schedule of services or meetings at least on a
weekly basis; and
(C) has been determined to be organized and created as a bona fide
religious organization; and
(4) "school" means any public or private preschool, elementary,
middle or high school or other attendance center for kindergarten or any of
the grades one through 12.
New Sec. 44. (a) The licensed premises for any license issued
pursuant to section 20, and amendments thereto, shall be equipped with
security equipment and measures to prevent unauthorized access to
restricted areas of the premises and the theft, diversion or inversion of
medical cannabis, medical cannabis concentrate or medial cannabis
products.
(b) The licensee of a licensed premises shall install and maintain the
following security equipment for the licensed premises:
(1) Exterior lighting sufficient to illuminate the exterior and perimeter
of the licensed premises to facilitate surveillance of the premises;
(2) electronic video monitoring in accordance with subsection (c);
(3) controlled access to restricted access areas of the premises by
means of electronic card access systems, biometric identification systems
or similar systems that:
(A) Provide for the automatic locking of all external access doors in
the event of power loss; and
(B) records access information by date, time and identity of the
individual accessing restricted access area and maintains such information
for at least one year;
(4) if windows are visible in any restricted access area, windows that
are secured at all times to prevent opening or other access to the restricted
access area via such windows; and
(5) alarm systems that provide:
(A) Immediate, automatic notification of local law enforcement
agencies of any unauthorized breach of the security of the premises; and
(B) manual, silent alarms at each point-of-sale, reception area, vault
and electronic monitoring station that provides for the immediate,
automatic notification of local law enforcement agencies of any
unauthorized breach of the security of the premises.
(c) Any electronic video monitoring system installed and maintained
by a licensee shall:
(1) Include coverage of:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 38
(A) All entrances to the premises, including all windows and
entrances to restricted access areas;
(B) the exterior and perimeter of the premises;
(C) each point-of-sale location;
(D) all vaults or safes; and
(E) all areas where medical cannabis, medical cannabis concentrate
and medical cannabis products are cultivated, processed or disposed of as
waste;
(2) store all video recordings for at least 60 days in a secure location
on or off the premises or through a secure service or network that provides
on-demand access to such recordings. All such recordings shall be made
available to the director upon request and at the expense of the licensee;
(3) accurately display the date and time of all recorded events in a
manner that does not obstruct the recorded view; and
(4) be installed in a manner that will prevent the video monitoring
equipment from being obstructed, tampered with or disabled.
(d) (1) Each licensee shall notify the director of any malfunction in
security equipment within 24 hours after such malfunction is discovered,
and shall make reasonable efforts to repair such malfunctioning security
equipment within 72 hours after such discovery.
(2) If the malfunctioning equipment is the electronic video
monitoring system, a licensee shall provide for alternative video
monitoring or other security measures until the malfunction can be
repaired. If other security measures are used, the licensee shall notify the
director of the use of such measures and when the electronic video
monitoring system has been repaired.
(3) Each licensee shall maintain a record of all security equipment
malfunctions and repairs for each licensed premises. Each record of a
malfunction shall be maintained for one year from the date of the last entry
for such malfunction. Such record shall include the following:
(A) Date, time and nature of each malfunction;
(B) date and method of repair;
(C) reason for the delay, if any, in making a repair;
(D) use of alternative security measures, if any; and
(E) date and time of communications with the director.
(e) Each licensee shall establish policies and procedures for the
security of the licensed premises. Such policies and procedures shall
include:
(1) Controlling access to all restricted access areas;
(2) verifying the identity of individuals authorized to be in restricted
access areas and individuals authorized to conduct inventory control
activities;
(3) Limiting the amount of money available in the premises and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 39
notifying any person entering the premises that there is a minimum amount
of money available, including by posting signage;
(4) use of electronic video monitoring systems;
(5) use of alarm systems, including the use of manual, silent alarms;
and
(6) communications with local law enforcement agencies regarding
unauthorized security breaches and the employment and identity of any
armed security personnel by the licensee.
(f) Each licensee shall employ a security manager. A security
manager shall be responsible for:
(1) Conducting semiannual audits of the security equipment and
measures utilized on the licensed premises to ensure compliance with
policies and procedures and to identify any security issues;
(2) training employees, upon employment and at least annually
thereafter, on security measures, emergency response and theft prevention;
and
(3) evaluating the credentials of any contractor, including any
contractor providing any security equipment or measures, who intends to
provide services at the licensed premises prior to such contractor accessing
the premises.
(g) Each licensee shall ensure that the security manager for a licensed
premises and any contractor providing security services for such licensed
premises and any employees of such contractor providing such services
have completed training in security equipment and measures. Such
training shall include:
(1) Prevention of theft, diversion and inversion of medical cannabis;
(2) emergency response procedures;
(3) appropriate use of force;
(4) preservation of a crime scene;
(5) controlling access to restricted access areas of the premises;
(6) at least eight hours of training in providing security services on
the premises; and
(7) at least eight hours of attendance in a course on providing security
services.
(h) Except as provided in subsection (c)(3), each licensee shall retain
all documents related to security equipment and measures and any other
documents related to the operations of the licensed premises for a period
of three years for inspection by the director.
(i) As used in this section, the term "restricted access entrance" means
an entrance that is restricted to the public and requires a key, keycard,
code, biometric identification system or similar device to allow entry to
authorized personnel.
New Sec. 45. Each applicant for a cultivator, laboratory, processor,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 40
distributor or retail dispensary license shall require each owner owning
10% or more of the ownership interest in such applicant and each director,
officer and agent of such applicant to be fingerprinted and to submit to a
state and national criminal history record check. Each applicant for an
employee licensee shall be fingerprinted and submit to a state and national
criminal history record check. The director is authorized to submit the
fingerprints to the Kansas bureau of investigation and the federal bureau of
investigation for a state and national criminal history record check. The
director shall use the information obtained from fingerprinting and the
state and national criminal history record check for purposes of verifying
the identification of the applicant and any owner, director, officer and
agent thereof, if any, and for making a determination of the qualifications
of the applicant for licensure. The Kansas bureau of investigation may
charge a reasonable fee to the applicant for fingerprinting and conducting a
criminal history record check.
New Sec. 46. (a) A financial institution that provides financial
services to any cultivator, laboratory, processor, distributor or retail
dispensary shall be exempt from any criminal law of this state, an element
of which may be proven beyond a reasonable doubt that a person provides
financial services to a person who possesses, delivers or manufactures
medical cannabis or medical cannabis products, including any of the
offenses specified in article 57 of chapter 21 of the Kansas Statutes
Annotated, and amendments thereto, or any attempt, conspiracy or
solicitation specified in article 53 of chapter 21 of the Kansas Statutes
Annotated, and amendments thereto, if the cultivator, laboratory,
processor, distributor or retail dispensary is in compliance with the
provisions of this act and all applicable tax laws of this state.
(b) (1) Upon the request of a financial institution, the director shall
provide to the financial institution the following information:
(A) Whether a person with whom the financial institution is seeking
to do business is a licensed cultivator, laboratory, processor, distributor or
retail dispensary;
(B) the name of any other business or individual affiliated with such
person;
(C) an unredacted copy of such person's application for a license, and
any supporting documentation, that was submitted by such person;
(D) information relating to sales and volume of product sold by such
person, if applicable;
(E) whether such person is in compliance with the provisions of this
act; and
(F) any past or pending violations of the medical cannabis regulation
act or any rules and regulations adopted thereunder committed by such
person and any penalty imposed on such person for such violation.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 41
(2) The director may charge a financial institution a reasonable fee to
cover the administrative cost of providing information requested under this
section.
(c) Information received by a financial institution under subsection
(b) is confidential. Except as otherwise permitted by any other state or
federal law, a financial institution shall not make the information available
to any person other than the customer to whom the information applies and
any trustee, conservator, guardian, personal representative or agent of such
customer.
(d) As used in this section:
(1) "Financial institution" means any bank, trust company, savings
bank, credit union or savings and loan association or any other financial
institution regulated by the state of Kansas, any agency of the United
States or other state with an office in Kansas; and
(2) "financial services" means services that a financial institution is
authorized to provide under chapter 9 or article 22 of chapter 17 of the
Kansas Statutes Annotated, and amendments thereto, as applicable.
New Sec. 47. Nothing in this act authorizes the director to oversee or
limit research conducted at a postsecondary educational institution,
academic medical center or private research and development organization
that is related to cannabis and is approved by an agency, board, center,
department or institute of the United States government, including any of
the following:
(a) The agency for health care research and quality;
(b) the national institutes of health;
(c) the national academy of sciences;
(d) the centers for medicare and medicaid services;
(e) the United States department of defense;
(f) the centers for disease control and prevention;
(g) the United States department of veterans affairs;
(h) the drug enforcement administration;
(i) the food and drug administration; and
(j) any board recognized by the national institutes of health for the
purpose of evaluating the medical value of healthcare services.
New Sec. 48. No provisions of the medical cannabis regulation act
shall be construed to:
(a) Require an employer to permit or accommodate the use,
consumption, possession, transfer, display, distribution, transportation, sale
or growing of cannabis or any conduct otherwise allowed by this act in any
workplace or on the employer's property;
(b) prohibit a person, employer, corporation or any other entity that
occupies, owns or controls a property from prohibiting or otherwise
regulating the use, consumption, possession, transfer, display, distribution,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 42
transportation, sale or growing of cannabis on such property;
(c) require any government medical assistance program, a private
health insurer or a workers compensation carrier or self-insured employer
providing workers compensation benefits to reimburse a person for costs
associated with the use of medical cannabis;
(d) affect the ability of an employer to implement policies to promote
workplace health and safety by restricting the use of cannabis by
employees;
(e) prohibit an employer from:
(1) Establishing and enforcing a drug testing policy, drug-free
workplace policy or zero-tolerance drug policy;
(2) disciplining an employee for a violation of a workplace drug
policy or for working while under the influence of cannabis; or
(3) including a provision in any contract that prohibits the use of
cannabis; or
(f) prevent an employer from, because of a person's violation of a
workplace drug policy or because that person was working while under the
influence of cannabis:
(1) Refusing to hire a person;
(2) discharging a person;
(3) disciplining a person; or
(4) otherwise taking an adverse employment action against a person
with respect to hiring decisions, tenure, terms, conditions or privileges of
employment; or
(g) permit the possession or use of medical cannabis by any person
detained in a correctional institution, as defined in K.S.A. 2022 Supp. 21-
5914, and amendments thereto, or committed to a care and treatment
facility, as defined in K.S.A. 2022 Supp. 21-5914, and amendments
thereto.
New Sec. 49. The secretary of revenue, in consultation with the
secretary of health and environment, may enter into one or more
intergovernmental agreements with any of the Prairie Band Potawatomi
Nation, the Iowa Tribe of Kansas and Nebraska, the Sac and Fox Nation of
Missouri in Kansas and Nebraska and the Kickapoo Tribe in Kansas to
provide for a free market exchange between entities engaged in the
business of medical cannabis licensed by any such tribal government and
licensed cultivators, laboratories, processors, distributors and retail
dispensaries. Such agreement shall provide that the applicable tribal
regulatory authority agrees to meet or exceed the substantive standards of
the medical cannabis regulation act and any rules and regulations adopted
pursuant thereto concerning the regulation of licensing and testing with
respect to medical cannabis activity.
New Sec. 50. The provisions of the medical cannabis regulation act,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 43
sections 1 through 50, and amendments thereto, are hereby declared to be
severable. If any part or provision of the medical cannabis regulation act is
held to be void, invalid or unconstitutional, such part or provision shall not
affect or impair any of the remaining parts or provisions of the medical
cannabis regulation act, and any such remaining provisions shall continue
in full force and effect.
New Sec. 51. (a) It shall be unlawful to store or otherwise leave
medical cannabis or a medical cannabis product where it is readily
accessible to a child under 18 years of age. Such conduct shall be unlawful
with no requirement of a culpable mental state.
(b) Violation of this section is a class A person misdemeanor.
(c) This section shall not apply to any person who stores or otherwise
leaves medical cannabis or a medical cannabis product where it is readily
accessible to a child under 18 years of age if:
(1) Such child is a patient registered pursuant to section 8, and
amendments thereto; and
(2) such medical cannabis or medical cannabis product is not readily
accessible to any child under 18 years of age other than the child described
in paragraph (1).
(d) As used in this section:
(1) "Medical cannabis" and "medical cannabis product" mean the
same as such terms are defined in section 2, and amendments thereto; and
(2) "readily accessible" means the medical cannabis or medical
cannabis product is not stored in a locked container that restricts entry to
such container solely to individuals who are over 18 years of age or who
are registered patients pursuant to section 8, and amendments thereto.
(e) This section shall be a part of and supplemental to the Kansas
criminal code.
New Sec. 52. (a) No person shall transport medical cannabis or
medical cannabis products in any vehicle upon a highway or street unless
such medical cannabis or medical cannabis product:
(1) If transported by a person holding a license issued under section
20, and amendments thereto, or any employee or agent thereof, is in:
(A) The original, sealed packaging in accordance with any packaging
requirements of the secretary of revenue adopted in rules and regulations,
and the seal of which has not been broken and any other means of closure
has not been removed; and
(B) a locked rear compartment or any locked outside compartment of
the vehicle that is not accessible to any person in the vehicle while it is in
motion. If a vehicle is not equipped with such a compartment, then such
medical cannabis or medical cannabis products shall be placed behind the
last upright seat or in an area not normally occupied by the driver or a
passenger of the vehicle while it is in motion; or
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 44
(2) if transported by a person registered as a patient or caregiver
under section 8, and amendments thereto, is in:
(A) The exclusive possession of a passenger in a vehicle that is a
recreational vehicle, as defined by K.S.A. 75-1212, and amendments
thereto, or a bus, as defined by K.S.A. 8-1406, and amendments thereto,
who is not in the driving compartment of such vehicle or who is in a
portion of such vehicle that is not directly accessible to the driver; or
(B) a part of the vehicle that is not otherwise accessible to the driver.
(b) Violation of this section is a class C nonperson misdemeanor.
(c) As used in this section, the terms "medical cannabis" and
"medical cannabis product" mean the same as those terms are defined in
section 2, and amendments thereto.
(d) This section shall be a part of and supplemental to the Kansas
criminal code.
New Sec. 53. (a) The division of alcoholic beverage control is hereby
renamed the division of alcohol and cannabis control.
(b) The division of alcohol and cannabis control and the director of
the division of alcohol and cannabis control shall be the successor in every
way to the powers, duties and functions of the division of alcoholic
beverage control and the director of the division of alcoholic beverage
control in which the same were vested prior to July 1, 2024. Every act
performed in the exercise of such powers, duties and functions by or under
the authority of the division of alcohol and cannabis control or the director
of the division of alcohol and cannabis control shall be deemed to have the
same force and effect as if performed by the division of alcoholic beverage
control or the director of the division of alcoholic beverage control in
which such powers, duties and functions were vested prior to July 1, 2024.
(c) Whenever the division of alcoholic beverage control, or words of
like effect, are referred to or designated by a statute, contract or other
document, and such reference or designation is in regard to any function,
power or duty of the division of alcoholic beverage control, such reference
or designation shall be deemed to apply to the division of alcohol and
cannabis control.
(d) Whenever the director of the division of alcoholic beverage
control, or words of like effect, are referred to or designated by a statute,
contract or other document, and such reference or designation is in regard
to any function, power or duty of the director of the division of alcoholic
beverage control, such reference or designation shall be deemed to apply
to the director of alcohol and cannabis control.
(e) All rules and regulations, orders and directives of the director of
the division of alcoholic beverage control that are in effect on July 1, 2024,
shall continue to be effective and shall be deemed to be rules and
regulations, orders and directives of the director of the division of alcohol
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 45
and cannabis control until revised, amended, revoked or nullified pursuant
to law.
New Sec. 54. (a) No law enforcement officer shall enforce any
violations of 18 U.S.C. § 922(g)(3) if the substance involved in such
violation is medical cannabis and such person is a registered patient
pursuant to the medical cannabis regulation act, section 1 et seq., and
amendments thereto, whose possession is authorized by such act.
(b) As used in this section:
(1) "Law enforcement officer" means the same as defined in K.S.A.
74-5602, and amendments thereto; and
(2) "medical cannabis" means the same as defined in section 2, and
amendments thereto.
New Sec. 55. (a) Subject to the provisions of K.S.A. 44-1018, and
amendments thereto, it shall be unlawful for any person to:
(1) Refuse to sell or rent after the making of a bona fide offer, to fail
to transmit a bona fide offer or refuse to negotiate in good faith for the sale
or rental of, or otherwise make unavailable or deny, real property to any
person because such person consumes medical cannabis in accordance
with section 10, and amendments thereto;
(2) discriminate against any person in the terms, conditions or
privileges of sale or rental of real property, or in the provision of services
or facilities in connection therewith, because such person consumes
medical cannabis in accordance with section 10, and amendments thereto;
and
(3) discriminate against any person in such person's use or occupancy
of real property because such person associates with another person who
consumes medical cannabis in accordance with section 10, and
amendments thereto.
(b) (1) It shall be unlawful for any person or other entity whose
business includes engaging in real estate related transactions to
discriminate against any person in making available such a transaction, or
in the terms or conditions of such a transaction, because such person or
any person associated with such person in connection with any real estate
related transaction consumes medical cannabis in accordance with section
10, and amendments thereto.
(2) Nothing in this subsection prohibits a person engaged in the
business of furnishing appraisals of real property to take into consideration
factors other than an individual's consumption of medical cannabis in
accordance with section 10, and amendments thereto.
(3) As used in this subsection, "real estate related transaction" means
the same as defined in K.S.A. 44-1017, and amendments thereto.
(c) It shall be unlawful to coerce, intimidate, threaten or interfere with
any person in the exercise or enjoyment of, or on account of such person's
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 46
having exercised or enjoyed, or on account of such person's having aided
or encouraged any other person in the exercise or enjoyment of, any right
granted or protected by subsection (a) or (b).
(d) Nothing in this section shall be construed to prohibit a person
from taking any action necessary to procure or retain any monetary benefit
provided under federal law, or any rules and regulations adopted
thereunder, or to obtain or maintain any license, certificate, registration or
other legal status issued or bestowed under federal law, or any rules and
regulations adopted thereunder.
(e) The provisions of this section shall be a part of and supplemental
to the Kansas act against discrimination.
New Sec. 56. (a) A rental agreement for a subsidized apartment may
not contain a provision or impose a rule that prohibits a person who is a
registered patient under section 8, and amendments thereto, to agree, as a
condition of tenancy, to a prohibition or restriction on the possession or
use of medical cannabis in such person's residence in accordance with the
medical cannabis regulation act, section 1 et seq., and amendments thereto.
A landlord may impose reasonable restrictions related to the use of
medical cannabis by any person in public areas of the premises.
(b) As used in this section:
(1) "Rental agreement" means an agreement, written or oral, and
valid rules and regulations embodying the terms and conditions concerning
the use and occupancy of a dwelling unit; and
(2) (A) "Subsidized apartment" means a rental unit for which the
landlord receives rental assistance payments under a rental assistance
agreement administered by the United States department of agriculture
under the multi-family housing rental assistance program under title V of
the federal housing act of 1949 or receives housing assistance payments
under a housing assistance payment contract administered by the United
States department of housing and urban development under the housing
choice voucher program, the new construction program, the substantial
rehabilitation program or the moderate rehabilitation program under
section 8 of the United States housing act of 1937.
(B) "Subsidized apartment" does not include owner-occupied housing
accommodations of four units or fewer.
New Sec. 57. (a) A covered entity, solely on the basis that an
individual consumes medical cannabis in accordance with section 10, and
amendments thereto, shall not:
(1) Consider such individual ineligible to receive an anatomical gift
or organ transplant;
(2) deny medical and other services related to organ transplantation,
including evaluation, surgery, counseling and post-transplantation
treatment and services;
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 47
(3) refuse to refer the individual to a transplant center or a related
specialist for the purpose of evaluation or receipt of an organ transplant;
(4) refuse to place such individual on an organ transplant waiting list;
or
(5) place such individual at a lower-priority position on an organ
transplant waiting list than the position at which such individual would
have been placed if not for such individual's consumption of medical
cannabis.
(b) A covered entity may take into account an individual's
consumption of medical cannabis when making treatment or coverage
recommendations or decisions, solely to the extent that such consumption
has been found by a physician, following an individualized evaluation of
the individual, to be medically significant to the provision of the
anatomical gift.
(c) Nothing in this section shall be construed to require a covered
entity to make a referral or recommendation for or perform a medically
inappropriate organ transplant.
(d) As used in this section:
(1) The terms "anatomical gift," "covered entity" and "organ
transplant" mean the same as those terms are defined in K.S.A. 65-3276,
and amendments thereto; and
(2) the term "medical cannabis" means the same as defined in section
2, and amendments thereto.
New Sec. 58. (a) No order shall be issued pursuant to K.S.A. 38-
2242, 38-2243 or 38-2244, and amendments thereto, if the sole basis for
the threat to the child's safety or welfare is that the child resides with an
individual who consumes medical cannabis in accordance with section 10,
and amendments thereto, or the child consumes medical cannabis in
accordance with section 10, and amendments thereto.
(b) This section shall be a part of and supplemental to the revised
Kansas code for care of children.
New Sec. 59. (a) Notwithstanding any other provision of law, any
person, board, commission or similar body that determines the
qualifications of individuals for licensure, certification or registration shall
not disqualify an individual from licensure, certification or registration
solely because such individual consumes medical cannabis in accordance
with section 10, and amendments thereto.
(b) The provisions of this section shall not apply to the:
(1) Kansas commission on peace officers' standards and training;
(2) Kansas highway patrol;
(3) office of the attorney general;
(4) department of health and environment; or
(5) division of alcohol and cannabis control.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 48
Sec. 60. K.S.A. 2022 Supp. 19-101a is hereby amended to read as
follows: 19-101a. (a) The board of county commissioners may transact all
county business and perform all powers of local legislation and
administration it deems appropriate, subject only to the following
limitations, restrictions or prohibitions:
(1) Counties shall be subject to all acts of the legislature which apply
uniformly to all counties.
(2) Counties may not affect the courts located therein.
(3) Counties shall be subject to acts of the legislature prescribing
limits of indebtedness.
(4) In the exercise of powers of local legislation and administration
authorized under provisions of this section, the home rule power conferred
on cities to determine their local affairs and government shall not be
superseded or impaired without the consent of the governing body of each
city within a county which may be affected.
(5) Counties may not legislate on social welfare administered under
state law enacted pursuant to or in conformity with public law No. 271 –
74
th
congress, or amendments thereof.
(6) Counties shall be subject to all acts of the legislature concerning
elections, election commissioners and officers and their duties as such
officers and the election of county officers.
(7) Counties shall be subject to the limitations and prohibitions
imposed under K.S.A. 12-187 through 12-195, and amendments thereto,
prescribing limitations upon the levy of retailers' sales taxes by counties.
(8) Counties may not exempt from or effect changes in statutes made
nonuniform in application solely by reason of authorizing exceptions for
counties having adopted a charter for county government.
(9) No county may levy ad valorem taxes under the authority of this
section upon real property located within any redevelopment project area
established under the authority of K.S.A. 12-1772, and amendments
thereto, unless the resolution authorizing the same specifically authorized
a portion of the proceeds of such levy to be used to pay the principal of
and interest upon bonds issued by a city under the authority of K.S.A. 12-
1774, and amendments thereto.
(10) Counties shall have no power under this section to exempt from
any statute authorizing or requiring the levy of taxes and providing
substitute and additional provisions on the same subject, unless the
resolution authorizing the same specifically provides for a portion of the
proceeds of such levy to be used to pay a portion of the principal and
interest on bonds issued by cities under the authority of K.S.A. 12-1774,
and amendments thereto.
(11) Counties may not exempt from or effect changes in the
provisions of K.S.A. 19-4601 through 19-4625, and amendments thereto.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 49
(12) Except as otherwise specifically authorized by K.S.A. 12-1,101
through 12-1,109, and amendments thereto, counties may not levy and
collect taxes on incomes from whatever source derived.
(13) Counties may not exempt from or effect changes in K.S.A. 19-
430, and amendments thereto.
(14) Counties may not exempt from or effect changes in K.S.A. 19-
302, 19-502b, 19-503, 19-805 or 19-1202, and amendments thereto.
(15) Counties may not exempt from or effect changes in K.S.A. 19-
15,139, 19-15,140 and 19-15,141, and amendments thereto.
(16) Counties may not exempt from or effect changes in the
provisions of K.S.A. 12-1223, 12-1225, 12-1225a, 12-1225b, 12-1225c
and 12-1226, and amendments thereto, or the provisions of K.S.A. 12-
1260 through 12-1270 and 12-1276, and amendments thereto.
(17) Counties may not exempt from or effect changes in the
provisions of K.S.A. 19-211, and amendments thereto.
(18) Counties may not exempt from or effect changes in the
provisions of K.S.A. 19-4001 through 19-4015, and amendments thereto.
(19) Counties may not regulate the production or drilling of any oil or
gas well in any manner which would result in the duplication of regulation
by the state corporation commission and the Kansas department of health
and environment pursuant to chapter 55 and chapter 65 of the Kansas
Statutes Annotated, and amendments thereto, and any rules and regulations
adopted pursuant thereto. Counties may not require any license or permit
for the drilling or production of oil and gas wells. Counties may not
impose any fee or charge for the drilling or production of any oil or gas
well.
(20) Counties may not exempt from or effect changes in K.S.A. 79-
41a04, and amendments thereto.
(21) Counties may not exempt from or effect changes in K.S.A. 79-
1611, and amendments thereto.
(22) Counties may not exempt from or effect changes in K.S.A. 79-
1494, and amendments thereto.
(23) Counties may not exempt from or effect changes in K.S.A. 19-
202(b), and amendments thereto.
(24) Counties may not exempt from or effect changes in K.S.A. 19-
204(b), and amendments thereto.
(25) Counties may not levy or impose an excise, severance or any
other tax in the nature of an excise tax upon the physical severance and
production of any mineral or other material from the earth or water.
(26) Counties may not exempt from or effect changes in K.S.A. 79-
2017 or 79-2101, and amendments thereto.
(27) Counties may not exempt from or effect changes in K.S.A. 2-
3302, 2-3305, 2-3307, 2-3318, 17-5904, 17-5908, 47-1219, 65-171d, 65-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 50
1,178 through 65-1,199, 65-3001 through 65-3028, and amendments
thereto.
(28) Counties may not exempt from or effect changes in K.S.A. 80-
121, and amendments thereto.
(29) Counties may not exempt from or effect changes in K.S.A. 19-
228, and amendments thereto.
(30) Counties may not exempt from or effect changes in the Kansas
911 act.
(31) Counties may not exempt from or effect changes in K.S.A. 26-
601, and amendments thereto.
(32) (A) Counties may not exempt from or effect changes in the
Kansas liquor control act except as provided by paragraph (B).
(B) Counties may adopt resolutions which are not in conflict with the
Kansas liquor control act.
(33) (A) Counties may not exempt from or effect changes in the
Kansas cereal malt beverage act except as provided by paragraph (B).
(B) Counties may adopt resolutions which are not in conflict with the
Kansas cereal malt beverage act.
(34) Counties may not exempt from or effect changes in the Kansas
lottery act.
(35) Counties may not exempt from or effect changes in the Kansas
expanded lottery act.
(36) Counties may neither exempt from nor effect changes to the
eminent domain procedure act.
(37) Any county granted authority pursuant to the provisions of
K.S.A. 19-5001 through 19-5005, and amendments thereto, shall be
subject to the limitations and prohibitions imposed under K.S.A. 19-5001
through 19-5005, and amendments thereto.
(38) Except as otherwise specifically authorized by K.S.A. 19-5001
through 19-5005, and amendments thereto, counties may not exercise any
authority granted pursuant to K.S.A. 19-5001 through 19-5005, and
amendments thereto, including the imposition or levy of any retailers' sales
tax.
(39) Counties may not exempt from or effect changes in K.S.A. 65-
201 and 65-202, and amendments thereto.
(40) Except as provided in section 43, and amendments thereto,
counties may not exempt from or effect changes in the medical cannabis
regulation act, section 1 et seq., and amendments thereto.
(b) Counties shall apply the powers of local legislation granted in
subsection (a) by resolution of the board of county commissioners. If no
statutory authority exists for such local legislation other than that set forth
in subsection (a) and the local legislation proposed under the authority of
such subsection is not contrary to any act of the legislature, such local
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 51
legislation shall become effective upon passage of a resolution of the
board and publication in the official county newspaper. If the legislation
proposed by the board under authority of subsection (a) is contrary to an
act of the legislature which is applicable to the particular county but not
uniformly applicable to all counties, such legislation shall become
effective by passage of a charter resolution in the manner provided in
K.S.A. 19-101b, and amendments thereto.
(c) Any resolution adopted by a county which that conflicts with the
restrictions in subsection (a) is null and void.
Sec. 61. K.S.A. 2022 Supp. 21-5703 is hereby amended to read as
follows: 21-5703. (a) It shall be unlawful for any person to manufacture
any controlled substance or controlled substance analog.
(b) Violation or attempted violation of subsection (a) is a:
(1) Drug severity level 2 felony, except as provided in subsections (b)
(2) and (b)(3);
(2) drug severity level 1 felony if:
(A) The controlled substance is not methamphetamine, as defined by
subsection (d)(3) or (f)(1) of K.S.A. 65-4107(d)(3) or (f)(1), and
amendments thereto, or an analog thereof; and
(B) the offender has a prior conviction for unlawful manufacturing of
a controlled substance under this section, K.S.A. 65-4159, prior to its
repeal, K.S.A. 2010 Supp. 21-36a03, prior to its transfer, or a substantially
similar offense from another jurisdiction and the substance was not
methamphetamine, as defined by subsection (d)(3) or (f)(1) of K.S.A. 65-
4107(d)(3) or (f)(1), and amendments thereto, or an analog thereof, in any
such prior conviction; and
(3) drug severity level 1 felony if the controlled substance is
methamphetamine, as defined by subsection (d)(3) or (f)(1) of K.S.A. 65-
4107(d)(3) or (f)(1), and amendments thereto, or an analog thereof.
(c) The provisions of subsection (d) of K.S.A. 2022 Supp. 21-
5301(d), and amendments thereto, shall not apply to a violation of
attempting to unlawfully manufacture any controlled substance or
controlled substance analog pursuant to this section.
(d) For persons arrested and charged under this section, bail shall be
at least $50,000 cash or surety, and such person shall not be released upon
the person's own recognizance pursuant to K.S.A. 22-2802, and
amendments thereto, unless the court determines, on the record, that the
defendant is not likely to re-offend, the court imposes pretrial supervision,
or the defendant agrees to participate in a licensed or certified drug
treatment program.
(e) The sentence of a person who violates this section shall not be
subject to statutory provisions for suspended sentence, community service
work or probation.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 52
(f) The sentence of a person who violates this section, K.S.A. 65-
4159, prior to its repeal or K.S.A. 2010 Supp. 21-36a03, prior to its
transfer, shall not be reduced because these sections prohibit conduct
identical to that prohibited by K.S.A. 65-4161 or 65-4163, prior to their
repeal, K.S.A. 2010 Supp. 21-36a05, prior to its transfer, or K.S.A. 2022
Supp. 21-5705, and amendments thereto.
(g) The provisions of this section shall not apply to a cultivator or
processor licensed by the director of alcohol and cannabis control
pursuant to section 20, and amendments thereto, that is producing medical
cannabis, as defined in section 2, and amendments thereto, when used for
acts authorized by the medical cannabis regulation act, section 1 et seq.,
and amendments thereto.
Sec. 62. K.S.A. 2022 Supp. 21-5705 is hereby amended to read as
follows: 21-5705. (a) It shall be unlawful for any person to distribute or
possess with the intent to distribute any of the following controlled
substances or controlled substance analogs thereof:
(1) Opiates, opium or narcotic drugs, or any stimulant designated in
subsection (d)(1), (d)(3) or (f)(1) of K.S.A. 65-4107(d)(1), (d)(3) or (f)(1),
and amendments thereto;
(2) any depressant designated in subsection (e) of K.S.A. 65-4105(e),
subsection (e) of K.S.A. 65-4107(e), subsection (b) or (c) of K.S.A. 65-
4109(b) or (c) or subsection (b) of K.S.A. 65-4111(b), and amendments
thereto;
(3) any stimulant designated in subsection (f) of K.S.A. 65-4105(f),
subsection (d)(2), (d)(4), (d)(5) or (f)(2) of K.S.A. 65-4107(d)(2), (d)(4),
(d)(5) or (f)(2) or subsection (e) of K.S.A. 65-4109(e), and amendments
thereto;
(4) any hallucinogenic drug designated in subsection (d) of K.S.A.
65-4105(d), subsection (g) of K.S.A. 65-4107(g) or subsection (g) of
K.S.A. 65-4109(g), and amendments thereto;
(5) any substance designated in subsection (g) of K.S.A. 65-4105(g)
and subsection (c), (d), (e), (f) or (g) of K.S.A. 65-4111(c), (d), (e), (f) or
(g), and amendments thereto;
(6) any anabolic steroids as defined in subsection (f) of K.S.A. 65-
4109(f), and amendments thereto; or
(7) any substance designated in subsection (h) of K.S.A. 65-4105(h),
and amendments thereto.
(b) It shall be unlawful for any person to distribute or possess with
the intent to distribute a controlled substance or a controlled substance
analog designated in K.S.A. 65-4113, and amendments thereto.
(c) It shall be unlawful for any person to cultivate any controlled
substance or controlled substance analog listed in subsection (a).
(d) (1) Except as provided further, violation of subsection (a) is a:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 53
(A) Drug severity level 4 felony if the quantity of the material was
less than 3.5 grams;
(B) drug severity level 3 felony if the quantity of the material was at
least 3.5 grams but less than 100 grams;
(C) drug severity level 2 felony if the quantity of the material was at
least 100 grams but less than 1 kilogram; and
(D) drug severity level 1 felony if the quantity of the material was 1
kilogram or more.
(2) Violation of subsection (a) with respect to material containing any
quantity of marijuana, or an analog thereof, is a:
(A) Drug severity level 4 felony if the quantity of the material was
less than 25 grams;
(B) drug severity level 3 felony if the quantity of the material was at
least 25 grams but less than 450 grams;
(C) drug severity level 2 felony if the quantity of the material was at
least 450 grams but less than 30 kilograms; and
(D) drug severity level 1 felony if the quantity of the material was 30
kilograms or more.
(3) Violation of subsection (a) with respect to material containing any
quantity of heroin, as defined by subsection (c)(1) of K.S.A. 65-4105(c)
(1), and amendments thereto, or methamphetamine, as defined by
subsection (d)(3) or (f)(1) of K.S.A. 65-4107(d)(3) or (f)(1), and
amendments thereto, or an analog thereof, is a:
(A) Drug severity level 4 felony if the quantity of the material was
less than 1 gram;
(B) drug severity level 3 felony if the quantity of the material was at
least 1 gram but less than 3.5 grams;
(C) drug severity level 2 felony if the quantity of the material was at
least 3.5 grams but less than 100 grams; and
(D) drug severity level 1 felony if the quantity of the material was
100 grams or more.
(4) Violation of subsection (a) with respect to material containing any
quantity of a controlled substance designated in K.S.A. 65-4105, 65-4107,
65-4109 or 65-4111, and amendments thereto, or an analog thereof,
distributed by dosage unit, is a:
(A) Drug severity level 4 felony if the number of dosage units was
fewer than 10;
(B) drug severity level 3 felony if the number of dosage units was at
least 10 but less than 100;
(C) drug severity level 2 felony if the number of dosage units was at
least 100 but less than 1,000; and
(D) drug severity level 1 felony if the number of dosage units was
1,000 or more.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 54
(5) For any violation of subsection (a), the severity level of the
offense shall be increased one level if the controlled substance or
controlled substance analog was distributed or possessed with the intent to
distribute on or within 1,000 feet of any school property.
(6) Violation of subsection (b) is a:
(A) Class A person misdemeanor, except as provided in subsection
(d)(6)(B) subparagraph (B); and
(B) nondrug severity level 7, person felony if the substance was
distributed to or possessed with the intent to distribute to a minor.
(7) Violation of subsection (c) is a:
(A) Drug severity level 3 felony if the number of plants cultivated
was more than 4 but fewer than 50;
(B) drug severity level 2 felony if the number of plants cultivated was
at least 50 but fewer than 100; and
(C) drug severity level 1 felony if the number of plants cultivated was
100 or more.
(e) In any prosecution under this section, there shall be a rebuttable
presumption of an intent to distribute if any person possesses the following
quantities of controlled substances or analogs thereof:
(1) 450 grams or more of marijuana;
(2) 3.5 grams or more of heroin or methamphetamine;
(3) 100 dosage units or more containing a controlled substance; or
(4) 100 grams or more of any other controlled substance.
(f) It shall not be a defense to charges arising under this section that
the defendant:
(1) Was acting in an agency relationship on behalf of any other party
in a transaction involving a controlled substance or controlled substance
analog;
(2) did not know the quantity of the controlled substance or
controlled substance analog; or
(3) did not know the specific controlled substance or controlled
substance analog contained in the material that was distributed or
possessed with the intent to distribute.
(g) The provisions of subsections (a)(4) and (a)(5) shall not apply to
any cultivator, laboratory, processor, distributor or retail dispensary
licensed by the director of alcohol and cannabis control pursuant to
section 20, and amendments thereto, or any employee or agent thereof,
that is growing, testing, processing, distributing, dispensing or selling
medical cannabis in accordance with the medical cannabis regulation act,
section 1 et seq., and amendments thereto.
(h) As used in this section:
(1) "Material" means the total amount of any substance, including a
compound or a mixture, which that contains any quantity of a controlled
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 55
substance or controlled substance analog.
(2) "Dosage unit" means a controlled substance or controlled
substance analog distributed or possessed with the intent to distribute as a
discrete unit, including but not limited to, one pill, one capsule or one
microdot, and not distributed by weight.
(A) For steroids, or controlled substances in liquid solution legally
manufactured for prescription use, or an analog thereof, "dosage unit"
means the smallest medically approved dosage unit, as determined by the
label, materials provided by the manufacturer, a prescribing authority,
licensed health care professional or other qualified health authority.
(B) For illegally manufactured controlled substances in liquid
solution, or controlled substances in liquid products not intended for
ingestion by human beings, or an analog thereof, "dosage unit" means 10
milligrams, including the liquid carrier medium, except as provided in
subsection (g)(2)(C) subparagraph (C).
(C) For lysergic acid diethylamide (LSD) in liquid form, or an analog
thereof, a dosage unit is defined as 0.4 milligrams, including the liquid
medium.
(3) "Medical cannabis" means the same as defined in section 2, and
amendments thereto.
Sec. 63. K.S.A. 2022 Supp. 21-5706 is hereby amended to read as
follows: 21-5706. (a) It shall be unlawful for any person to possess any
opiates, opium or narcotic drugs, or any stimulant designated in K.S.A. 65-
4107(d)(1), (d)(3) or (f)(1), and amendments thereto, or a controlled
substance analog thereof.
(b) It shall be unlawful for any person to possess any of the following
controlled substances or controlled substance analogs thereof:
(1) Any depressant designated in K.S.A. 65-4105(e), 65-4107(e), 65-
4109(b) or (c) or 65-4111(b), and amendments thereto;
(2) any stimulant designated in K.S.A. 65-4105(f), 65-4107(d)(2), (d)
(4), (d)(5) or (f)(2) or 65-4109(e), and amendments thereto;
(3) any hallucinogenic drug designated in K.S.A. 65-4105(d), 65-
4107(g) or 65-4109(g), and amendments thereto;
(4) any substance designated in K.S.A. 65-4105(g) and 65-4111(c),
(d), (e), (f) or (g), and amendments thereto;
(5) any anabolic steroids as defined in K.S.A. 65-4109(f), and
amendments thereto;
(6) any substance designated in K.S.A. 65-4113, and amendments
thereto; or
(7) any substance designated in K.S.A. 65-4105(h), and amendments
thereto.
(c) (1) Violation of subsection (a) is a drug severity level 5 felony.
(2) Except as provided in subsection (c)(3):
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 56
(A) Violation of subsection (b) is a class A nonperson misdemeanor,
except as provided in subparagraph (B); and
(B) violation of subsection (b)(1) through (b)(5) or (b)(7) is a drug
severity level 5 felony if that person has a prior conviction under such
subsection, under K.S.A. 65-4162, prior to its repeal, under a substantially
similar offense from another jurisdiction, or under any city ordinance or
county resolution for a substantially similar offense if the substance
involved was 3, 4-methylenedioxymethamphetamine (MDMA), marijuana
as designated in K.S.A. 65-4105(d), and amendments thereto, or any
substance designated in K.S.A. 65-4105(h), and amendments thereto, or an
analog thereof.
(3) If the substance involved is marijuana, as designated in K.S.A.
65-4105(d), and amendments thereto, or tetrahydrocannabinols, as
designated in K.S.A. 65-4105(h), and amendments thereto, violation of
subsection (b) is a:
(A) Class B nonperson misdemeanor, except as provided in
subparagraphs (B) and, (C) and (D);
(B) class A nonperson misdemeanor if that person has a prior
conviction under such subsection, under K.S.A. 65-4162, prior to its
repeal, under a substantially similar offense from another jurisdiction, or
under any city ordinance or county resolution for a substantially similar
offense; and
(C) drug severity level 5 felony if that person has two or more prior
convictions under such subsection, under K.S.A. 65-4162, prior to its
repeal, under a substantially similar offense from another jurisdiction, or
under any city ordinance or county resolution for a substantially similar
offense; and
(D) non person misdemeanor punishable by a fine of not to exceed
$400 if that person is not a registered patient or caregiver under the
medical cannabis regulation act, section 1 et seq., and amendments
thereto, is found in possession of not more than 1.5 ounces of marijuana
and provides a statement from such person's physician recommending the
use of medical cannabis to treat such person's symptoms.
(d) It shall be an affirmative defense to prosecution under this section
arising out of a person's possession of any cannabidiol treatment
preparation if the person:
(1) Has a debilitating medical condition, as defined in K.S.A. 2022
Supp. 65-6235, and amendments thereto, or is the parent or guardian of a
minor child who has such debilitating medical condition;
(2) is possessing a cannabidiol treatment preparation, as defined in
K.S.A. 2022 Supp. 65-6235, and amendments thereto, that is being used to
treat such debilitating medical condition; and
(3) has possession of a letter, at all times while the person has
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 57
possession of the cannabidiol treatment preparation, that:
(A) Shall be shown to a law enforcement officer on such officer's
request;
(B) is dated within the preceding 15 months and signed by the
physician licensed to practice medicine and surgery in Kansas who
diagnosed the debilitating medical condition;
(C) is on such physician's letterhead; and
(D) identifies the person or the person's minor child as such
physician's patient and identifies the patient's debilitating medical
condition.
(e) If the substance involved is medical cannabis, as defined in
section 2, and amendments thereto, the provisions of subsections (b) and
(c) shall not apply to:
(1) Any person who is registered or licensed pursuant to the medical
cannabis regulation act, section 1 et seq., and amendments thereto, and
whose possession is authorized by such act; or
(2) any person who is not a resident of this state and who holds a
license issued by another jurisdiction authorizing such person to purchase
and possess medical cannabis as recognized under section 17, and
amendments thereto.
(f) It shall not be a defense to charges arising under this section that
the defendant was acting in an agency relationship on behalf of any other
party in a transaction involving a controlled substance or controlled
substance analog.
Sec. 64. K.S.A. 2022 Supp. 21-5707 is hereby amended to read as
follows: 21-5707. (a) It shall be unlawful for any person to knowingly or
intentionally use any communication facility:
(1) In committing, causing, or facilitating the commission of any
felony under K.S.A. 2022 Supp. 21-5703, 21-5705 or 21-5706, and
amendments thereto; or
(2) in any attempt to commit, any conspiracy to commit, or any
criminal solicitation of any felony under K.S.A. 2022 Supp. 21-5703, 21-
5705 or 21-5706, and amendments thereto. Each separate use of a
communication facility may be charged as a separate offense under this
subsection.
(b) Violation of subsection (a) is a nondrug severity level 8,
nonperson felony.
(c) The provisions of this section shall not apply to any person using
communication facilities for activities authorized by the medical cannabis
regulation act, section 1 et seq., and amendments thereto.
(d) As used in this section, "communication facility" means any and
all public and private instrumentalities used or useful in the transmission
of writing, signs, signals, pictures or sounds of all kinds and includes
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 58
telephone, wire, radio, computer, computer networks, beepers, pagers and
all other means of communication.
Sec. 65. K.S.A. 2022 Supp. 21-5709 is hereby amended to read as
follows: 21-5709. (a) It shall be unlawful for any person to possess
ephedrine, pseudoephedrine, red phosphorus, lithium metal, sodium metal,
iodine, anhydrous ammonia, pressurized ammonia or
phenylpropanolamine, or their salts, isomers or salts of isomers with an
intent to use the product to manufacture a controlled substance.
(b) It shall be unlawful for any person to use or possess with intent to
use any drug paraphernalia to:
(1) Manufacture, cultivate, plant, propagate, harvest, test, analyze or
distribute a controlled substance; or
(2) store, contain, conceal, inject, ingest, inhale or otherwise
introduce a controlled substance into the human body.
(c) It shall be unlawful for any person to use or possess with intent to
use anhydrous ammonia or pressurized ammonia in a container not
approved for that chemical by the Kansas department of agriculture.
(d) It shall be unlawful for any person to purchase, receive or
otherwise acquire at retail any compound, mixture or preparation
containing more than 3.6 grams of pseudoephedrine base or ephedrine
base in any single transaction or any compound, mixture or preparation
containing more than nine grams of pseudoephedrine base or ephedrine
base within any 30-day period.
(e) (1) Violation of subsection (a) is a drug severity level 3 felony;
(2) violation of subsection (b)(1) is a:
(A) Drug severity level 5 felony, except as provided in subsection (e)
(2)(B); and
(B) class B nonperson misdemeanor if the drug paraphernalia was
used to cultivate fewer than five marijuana plants;
(3) violation of subsection (b)(2) is a class B nonperson
misdemeanor;
(4) violation of subsection (c) is a drug severity level 5 felony; and
(5) violation of subsection (d) is a class A nonperson misdemeanor.
(f) For persons arrested and charged under subsection (a) or (c), bail
shall be at least $50,000 cash or surety, and such person shall not be
released upon the person's own recognizance pursuant to K.S.A. 22-2802,
and amendments thereto, unless the court determines, on the record, that
the defendant is not likely to reoffend, the court imposes pretrial
supervision or the defendant agrees to participate in a licensed or certified
drug treatment program.
(g) The provisions of subsection (b) shall not apply to any person
registered or licensed pursuant to the medical cannabis regulation act,
section 1 et seq., and amendments thereto, whose possession of such
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 59
equipment or material is used solely to produce or for the administration
of medical cannabis, as defined in section 2, and amendments thereto, in a
manner authorized by the medical cannabis regulation act, section 1 et
seq., and amendments thereto.
Sec. 66. K.S.A. 2022 Supp. 21-5710 is hereby amended to read as
follows: 21-5710. (a) It shall be unlawful for any person to advertise,
market, label, distribute or possess with the intent to distribute:
(1) Any product containing ephedrine, pseudoephedrine, red
phosphorus, lithium metal, sodium metal, iodine, anhydrous ammonia,
pressurized ammonia or phenylpropanolamine or their salts, isomers or
salts of isomers if the person knows or reasonably should know that the
purchaser will use the product to manufacture a controlled substance or
controlled substance analog; or
(2) any product containing ephedrine, pseudoephedrine or
phenylpropanolamine, or their salts, isomers or salts of isomers for
indication of stimulation, mental alertness, weight loss, appetite control,
energy or other indications not approved pursuant to the pertinent federal
over-the-counter drug final monograph or tentative final monograph or
approved new drug application.
(b) It shall be unlawful for any person to distribute, possess with the
intent to distribute or manufacture with intent to distribute any drug
paraphernalia, knowing or under circumstances where one reasonably
should know that it will be used to manufacture or distribute a controlled
substance or controlled substance analog in violation of K.S.A. 2022 Supp.
21-5701 through 21-5717, and amendments thereto.
(c) It shall be unlawful for any person to distribute, possess with
intent to distribute or manufacture with intent to distribute any drug
paraphernalia, knowing or under circumstances where one reasonably
should know, that it will be used as such in violation of K.S.A. 2022 Supp.
21-5701 through 21-5717, and amendments thereto, except subsection (b)
of K.S.A. 2022 Supp. 21-5706(b), and amendments thereto.
(d) It shall be unlawful for any person to distribute, possess with
intent to distribute or manufacture with intent to distribute any drug
paraphernalia, knowing, or under circumstances where one reasonably
should know, that it will be used as such in violation of subsection (b) of
K.S.A. 2022 Supp. 21-5706(b), and amendments thereto.
(e) (1) Violation of subsection (a) is a drug severity level 3 felony;
(2) violation of subsection (b) is a:
(A) Drug severity level 5 felony, except as provided in subsection (e)
(2)(B) subparagraph (B); and
(B) drug severity level 4 felony if the trier of fact makes a finding that
the offender distributed or caused drug paraphernalia to be distributed to a
minor or on or within 1,000 feet of any school property;
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 60
(3) violation of subsection (c) is a:
(A) Nondrug severity level 9, nonperson felony, except as provided in
subsection (e)(3)(B) subparagraph (B); and
(B) drug severity level 5 felony if the trier of fact makes a finding that
the offender distributed or caused drug paraphernalia to be distributed to a
minor or on or within 1,000 feet of any school property; and
(4) violation of subsection (d) is a:
(A) Class A nonperson misdemeanor, except as provided in
subsection (e)(4)(B) subparagraph (B); and
(B) nondrug severity level 9, nonperson felony if the trier of fact
makes a finding that the offender distributed or caused drug paraphernalia
to be distributed to a minor or on or within 1,000 feet of any school
property.
(f) For persons arrested and charged under subsection (a), bail shall
be at least $50,000 cash or surety, and such person shall not be released
upon the person's own recognizance pursuant to K.S.A. 22-2802, and
amendments thereto, unless the court determines, on the record, that the
defendant is not likely to re-offend, the court imposes pretrial supervision
or the defendant agrees to participate in a licensed or certified drug
treatment program.
(g) The provisions of subsection (c) shall not apply to any person
licensed pursuant to the medical cannabis regulation act, section 1 et seq.,
and amendments thereto, whose distribution or manufacture is used solely
to distribute or produce medical cannabis, as defined in section 2, and
amendments thereto, in a manner authorized by the medical cannabis
regulation act, section 1 et seq., and amendments thereto.
(h) As used in this section, "or under circumstances where one
reasonably should know" that an item will be used in violation of this
section, shall include, but not be limited to, the following:
(1) Actual knowledge from prior experience or statements by
customers;
(2) inappropriate or impractical design for alleged legitimate use;
(3) receipt of packaging material, advertising information or other
manufacturer supplied information regarding the item's use as drug
paraphernalia; or
(4) receipt of a written warning from a law enforcement or
prosecutorial agency having jurisdiction that the item has been previously
determined to have been designed specifically for use as drug
paraphernalia.
Sec. 67. K.S.A. 2022 Supp. 21-6607 is hereby amended to read as
follows: 21-6607. (a) Except as required by subsection (c), nothing in this
section shall be construed to limit the authority of the court to impose or
modify any general or specific conditions of probation, suspension of
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 61
sentence or assignment to a community correctional services program. The
court services officer or community correctional services officer may
recommend, and the court may order, the imposition of any conditions of
probation, suspension of sentence or assignment to a community
correctional services program. For crimes committed on or after July 1,
1993, in presumptive nonprison cases, the court services officer or
community correctional services officer may recommend, and the court
may order, the imposition of any conditions of probation or assignment to
a community correctional services program. The court may at any time
order the modification of such conditions, after notice to the court services
officer or community correctional services officer and an opportunity for
such officer to be heard thereon. The court shall cause a copy of any such
order to be delivered to the court services officer and the probationer or to
the community correctional services officer and the community corrections
participant, as the case may be. The provisions of K.S.A. 75-5291, and
amendments thereto, shall be applicable to any assignment to a community
correctional services program pursuant to this section.
(b) The court may impose any conditions of probation, suspension of
sentence or assignment to a community correctional services program that
the court deems proper, including, but not limited to, requiring that the
defendant:
(1) Avoid such injurious or vicious habits, as directed by the court,
court services officer or community correctional services officer;
(2) avoid such persons or places of disreputable or harmful character,
as directed by the court, court services officer or community correctional
services officer;
(3) report to the court services officer or community correctional
services officer as directed;
(4) permit the court services officer or community correctional
services officer to visit the defendant at home or elsewhere;
(5) work faithfully at suitable employment insofar as possible;
(6) remain within the state unless the court grants permission to
leave;
(7) pay a fine or costs, applicable to the offense, in one or several
sums and in the manner as directed by the court;
(8) support the defendant's dependents;
(9) reside in a residential facility located in the community and
participate in educational, counseling, work and other correctional or
rehabilitative programs;
(10) perform community or public service work for local
governmental agencies, private corporations organized not for profit, or
charitable or social service organizations performing services for the
community;
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 62
(11) perform services under a system of day fines whereby the
defendant is required to satisfy fines, costs or reparation or restitution
obligations by performing services for a period of days, determined by the
court on the basis of ability to pay, standard of living, support obligations
and other factors;
(12) participate in a house arrest program pursuant to K.S.A. 2022
Supp. 21-6609, and amendments thereto;
(13) order the defendant to pay the administrative fee authorized by
K.S.A. 22-4529, and amendments thereto, unless waived by the court; or
(14) in felony cases, except for violations of K.S.A. 8-1567, and
amendments thereto, be confined in a county jail not to exceed 60 days,
which need not be served consecutively.
(c) Except as provided in subsection (d), in addition to any other
conditions of probation, suspension of sentence or assignment to a
community correctional services program, the court shall order the
defendant to comply with each of the following conditions:
(1) The defendant shall obey all laws of the United States, the state of
Kansas and any other jurisdiction to the laws of which the defendant may
be subject;
(2) make reparation or restitution to the aggrieved party for the
damage or loss caused by the defendant's crime in accordance with K.S.A.
2022 Supp. 21-6604(b), and amendments thereto;
(3) (A) pay a correctional supervision fee of $60 if the person was
convicted of a misdemeanor or a fee of $120 if the person was convicted
of a felony. In any case the amount of the correctional supervision fee
specified by this paragraph may be reduced or waived by the judge if the
person is unable to pay that amount;
(B) the correctional supervision fee imposed by this paragraph shall
be charged and collected by the district court. The clerk of the district
court shall remit all revenues received under this paragraph from
correctional supervision fees to the state treasurer in accordance with the
provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
each such remittance, the state treasurer shall deposit the entire amount in
the state treasury to the credit of the state general fund, a sum equal to
41.67% of such remittance, and to the correctional supervision fund, a sum
equal to 58.33% of such remittance;
(C) this paragraph shall apply to persons placed on felony or
misdemeanor probation or released on misdemeanor parole to reside in
Kansas and supervised by Kansas court services officers under the
interstate compact for offender supervision; and
(D) this paragraph shall not apply to persons placed on probation or
released on parole to reside in Kansas under the uniform act for out-of-
state parolee supervision;
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 63
(4) reimburse the state general fund for all or a part of the
expenditures by the state board of indigents' defense services to provide
counsel and other defense services to the defendant. In determining the
amount and method of payment of such sum, the court shall take account
of the financial resources of the defendant and the nature of the burden that
payment of such sum will impose. A defendant who has been required to
pay such sum and who is not willfully in default in the payment thereof
may at any time petition the court which sentenced the defendant to waive
payment of such sum or of any unpaid portion thereof. If it appears to the
satisfaction of the court that payment of the amount due will impose
manifest hardship on the defendant or the defendant's immediate family,
the court may waive payment of all or part of the amount due or modify
the method of payment. The amount of attorney fees to be included in the
court order for reimbursement shall be the amount claimed by appointed
counsel on the payment voucher for indigents' defense services or the
amount prescribed by the board of indigents' defense services
reimbursement tables as provided in K.S.A. 22-4522, and amendments
thereto, whichever is less;
(5) be subject to searches of the defendant's person, effects, vehicle,
residence and property by a court services officer, a community
correctional services officer and any other law enforcement officer based
on reasonable suspicion of the defendant violating conditions of probation
or criminal activity; and
(6) be subject to random, but reasonable, tests for drug and alcohol
consumption as ordered by a court services officer or community
correctional services officer.
(d) For any defendant who is a registered patient pursuant to section
8, and amendments thereto, the court shall not order any condition that
prohibits such defendant from purchasing, possessing or consuming
medical cannabis, as defined in section 2, and amendments thereto, in
accordance with the medical cannabis regulation act, section 1 et seq.,
and amendments thereto.
(e) Any law enforcement officer conducting a search pursuant to
subsection (c)(5) shall submit a written report to the appropriate court
services officer or community correctional services officer no later than
the close of the next business day after such search. The written report
shall include the facts leading to such search, the scope of such search and
any findings resulting from such search.
(e)(f) There is hereby established in the state treasury the correctional
supervision fund. All moneys credited to the correctional supervision fund
shall be used for: (1) The implementation of and training for use of a
statewide, mandatory, standardized risk assessment tool or instrument as
specified by the Kansas sentencing commission, pursuant to K.S.A. 75-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 64
5291, and amendments thereto; (2) the implementation of and training for
use of a statewide, mandatory, standardized risk assessment tool or
instrument for juveniles adjudicated to be juvenile offenders; and (3)
evidence-based adult and juvenile offender supervision programs by
judicial branch personnel. If all expenditures for the program have been
paid and moneys remain in the correctional supervision fund for a fiscal
year, remaining moneys may be expended from the correctional
supervision fund to support adult and juvenile offender supervision by
court services officers. All expenditures from the correctional supervision
fund shall be made in accordance with appropriation acts upon warrants of
the director of accounts and reports issued pursuant to vouchers approved
by the chief justice of the Kansas supreme court or by a person or persons
designated by the chief justice.
Sec. 68. K.S.A. 2022 Supp. 22-3717 is hereby amended to read as
follows: 22-3717. (a) Except as otherwise provided by this section; K.S.A.
1993 Supp. 21-4628, prior to its repeal; K.S.A. 21-4624, 21-4635 through
21-4638 and 21-4642, prior to their repeal; K.S.A. 2022 Supp. 21-6617,
21-6620, 21-6623, 21-6624, 21-6625 and 21-6626, and amendments
thereto; and K.S.A. 8-1567, and amendments thereto; an inmate, including
an inmate sentenced pursuant to K.S.A. 21-4618, prior to its repeal, or
K.S.A. 2022 Supp. 21-6707, and amendments thereto, shall be eligible for
parole after serving the entire minimum sentence imposed by the court,
less good time credits.
(b) (1) An inmate sentenced to imprisonment for life without the
possibility of parole pursuant to K.S.A. 2022 Supp. 21-6617, and
amendments thereto, shall not be eligible for parole.
(2) Except as provided by K.S.A. 21-4635 through 21-4638, prior to
their repeal, and K.S.A. 2022 Supp. 21-6620, 21-6623, 21-6624 and 21-
6625, and amendments thereto, an inmate sentenced to imprisonment for
the crime of: (A) Capital murder committed on or after July 1, 1994, shall
be eligible for parole after serving 25 years of confinement, without
deduction of any good time credits; (B) murder in the first degree based
upon a finding of premeditated murder committed on or after July 1, 1994,
but prior to July 1, 2014, shall be eligible for parole after serving 25 years
of confinement, without deduction of any good time credits; and (C)
murder in the first degree as described in K.S.A. 2022 Supp. 21-5402(a)
(2), and amendments thereto, committed on or after July 1, 2014, shall be
eligible for parole after serving 25 years of confinement, without
deduction of any good time credits.
(3) Except as provided by subsections (b)(1), (b)(2) and (b)(5),
K.S.A. 1993 Supp. 21-4628, prior to its repeal, K.S.A. 21-4635 through
21-4638, prior to their repeal, and K.S.A. 2022 Supp. 21-6620, 21-6623,
21-6624 and 21-6625, and amendments thereto, an inmate sentenced to
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 65
imprisonment for an off-grid offense committed on or after July 1, 1993,
but prior to July 1, 1999, shall be eligible for parole after serving 15 years
of confinement, without deduction of any good time credits and an inmate
sentenced to imprisonment for an off-grid offense committed on or after
July 1, 1999, shall be eligible for parole after serving 20 years of
confinement without deduction of any good time credits.
(4) Except as provided by K.S.A. 1993 Supp. 21-4628, prior to its
repeal, an inmate sentenced for a class A felony committed before July 1,
1993, including an inmate sentenced pursuant to K.S.A. 21-4618, prior to
its repeal, or K.S.A. 2022 Supp. 21-6707, and amendments thereto, shall
be eligible for parole after serving 15 years of confinement, without
deduction of any good time credits.
(5) An inmate sentenced to imprisonment for a violation of K.S.A.
21-3402(a), prior to its repeal, committed on or after July 1, 1996, but
prior to July 1, 1999, shall be eligible for parole after serving 10 years of
confinement without deduction of any good time credits.
(6) An inmate sentenced to imprisonment pursuant to K.S.A. 21-
4643, prior to its repeal, or K.S.A. 2022 Supp. 21-6627, and amendments
thereto, committed on or after July 1, 2006, shall be eligible for parole
after serving the mandatory term of imprisonment without deduction of
any good time credits.
(c) (1) Except as provided in subsection (e), if an inmate is sentenced
to imprisonment for more than one crime and the sentences run
consecutively, the inmate shall be eligible for parole after serving the total
of:
(A) The aggregate minimum sentences, as determined pursuant to
K.S.A. 21-4608, prior to its repeal, or K.S.A. 2022 Supp. 21-6606, and
amendments thereto, less good time credits for those crimes which are not
class A felonies; and
(B) an additional 15 years, without deduction of good time credits,
for each crime which is a class A felony.
(2) If an inmate is sentenced to imprisonment pursuant to K.S.A. 21-
4643, prior to its repeal, or K.S.A. 2022 Supp. 21-6627, and amendments
thereto, for crimes committed on or after July 1, 2006, the inmate shall be
eligible for parole after serving the mandatory term of imprisonment.
(d) (1) Persons sentenced for crimes, other than off-grid crimes,
committed on or after July 1, 1993, or persons subject to subparagraph
(G), will not be eligible for parole, but will be released to a mandatory
period of postrelease supervision upon completion of the prison portion of
their sentence as follows:
(A) Except as provided in subparagraphs (D) and (E), persons
sentenced for nondrug severity levels 1 through 4 crimes, drug severity
levels 1 and 2 crimes committed on or after July 1, 1993, but prior to July
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 66
1, 2012, and drug severity levels 1, 2 and 3 crimes committed on or after
July 1, 2012, must serve 36 months on postrelease supervision.
(B) Except as provided in subparagraphs (D) and (E), persons
sentenced for nondrug severity levels 5 and 6 crimes, drug severity level 3
crimes committed on or after July 1, 1993, but prior to July 1, 2012, and
drug severity level 4 crimes committed on or after July 1, 2012, must serve
24 months on postrelease supervision.
(C) Except as provided in subparagraphs (D) and (E), persons
sentenced for nondrug severity levels 7 through 10 crimes, drug severity
level 4 crimes committed on or after July 1, 1993, but prior to July 1,
2012, and drug severity level 5 crimes committed on or after July 1, 2012,
must serve 12 months on postrelease supervision.
(D) Persons sentenced to a term of imprisonment that includes a
sentence for a sexually violent crime as defined in K.S.A. 22-3717, and
amendments thereto, committed on or after July 1, 1993, but prior to July
1, 2006, a sexually motivated crime in which the offender has been
ordered to register pursuant to K.S.A. 22-3717(d)(1)(D)(vii), and
amendments thereto, electronic solicitation, K.S.A. 21-3523, prior to its
repeal, or K.S.A. 2022 Supp. 21-5509, and amendments thereto, or
unlawful sexual relations, K.S.A. 21-3520, prior to its repeal, or K.S.A.
2022 Supp. 21-5512, and amendments thereto, shall serve the period of
postrelease supervision as provided in subsections (d)(1)(A), (d)(1)(B) or
(d)(1)(C), plus the amount of good time and program credit earned and
retained pursuant to K.S.A. 21-4722, prior to its repeal, or K.S.A. 2022
Supp. 21-6821, and amendments thereto, on postrelease supervision.
(i) If the sentencing judge finds substantial and compelling reasons to
impose a departure based upon a finding that the current crime of
conviction was sexually motivated, departure may be imposed to extend
the postrelease supervision to a period of up to 60 months.
(ii) If the sentencing judge departs from the presumptive postrelease
supervision period, the judge shall state on the record at the time of
sentencing the substantial and compelling reasons for the departure.
Departures in this section are subject to appeal pursuant to K.S.A. 21-
4721, prior to its repeal, or K.S.A. 2022 Supp. 21-6820, and amendments
thereto.
(iii) In determining whether substantial and compelling reasons exist,
the court shall consider:
(a) Written briefs or oral arguments submitted by either the defendant
or the state;
(b) any evidence received during the proceeding;
(c) the presentence report, the victim's impact statement and any
psychological evaluation as ordered by the court pursuant to K.S.A. 21-
4714(e), prior to its repeal, or K.S.A. 2022 Supp. 21-6813(e), and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 67
amendments thereto; and
(d) any other evidence the court finds trustworthy and reliable.
(iv) The sentencing judge may order that a psychological evaluation
be prepared and the recommended programming be completed by the
offender. The department of corrections or the prisoner review board shall
ensure that court ordered sex offender treatment be carried out.
(v) In carrying out the provisions of subsection (d)(1)(D), the court
shall refer to K.S.A. 21-4718, prior to its repeal, or K.S.A. 2022 Supp. 21-
6817, and amendments thereto.
(vi) Upon petition and payment of any restitution ordered pursuant to
K.S.A. 2022 Supp. 21-6604, and amendments thereto, the prisoner review
board may provide for early discharge from the postrelease supervision
period imposed pursuant to subsection (d)(1)(D)(i) upon completion of
court ordered programs and completion of the presumptive postrelease
supervision period, as determined by the crime of conviction, pursuant to
subsection (d)(1)(A), (d)(1)(B) or (d)(1)(C). Early discharge from
postrelease supervision is at the discretion of the board.
(vii) Persons convicted of crimes deemed sexually violent or sexually
motivated shall be registered according to the offender registration act,
K.S.A. 22-4901 through 22-4910, and amendments thereto.
(viii) Persons convicted of K.S.A. 21-3510 or 21-3511, prior to their
repeal, or K.S.A. 2022 Supp. 21-5508, and amendments thereto, shall be
required to participate in a treatment program for sex offenders during the
postrelease supervision period.
(E) The period of postrelease supervision provided in subparagraphs
(A) and (B) may be reduced by up to 12 months and the period of
postrelease supervision provided in subparagraph (C) may be reduced by
up to six months based on the offender's compliance with conditions of
supervision and overall performance while on postrelease supervision. The
reduction in the supervision period shall be on an earned basis pursuant to
rules and regulations adopted by the secretary of corrections.
(F) In cases where sentences for crimes from more than one severity
level have been imposed, the offender shall serve the longest period of
postrelease supervision as provided by this section available for any crime
upon which sentence was imposed irrespective of the severity level of the
crime. Supervision periods will not aggregate.
(G) (i) Except as provided in subsection (u), persons sentenced to
imprisonment for a sexually violent crime committed on or after July 1,
2006, when the offender was 18 years of age or older, and who are
released from prison, shall be released to a mandatory period of
postrelease supervision for the duration of the person's natural life.
(ii) Persons sentenced to imprisonment for a sexually violent crime
committed on or after the effective date of this act, when the offender was
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 68
under 18 years of age, and who are released from prison, shall be released
to a mandatory period of postrelease supervision for 60 months, plus the
amount of good time and program credit earned and retained pursuant to
K.S.A. 21-4722, prior to its repeal, or K.S.A. 2022 Supp. 21-6821, and
amendments thereto.
(2) Persons serving a period of postrelease supervision pursuant to
subsections (d)(1)(A), (d)(1)(B) or (d)(1)(C) may petition the prisoner
review board for early discharge. Upon payment of restitution, the prisoner
review board may provide for early discharge.
(3) Persons serving a period of incarceration for a supervision
violation shall not have the period of postrelease supervision modified
until such person is released and returned to postrelease supervision.
(4) Offenders whose crime of conviction was committed on or after
July 1, 2013, and whose probation, assignment to a community
correctional services program, suspension of sentence or nonprison
sanction is revoked pursuant to K.S.A. 22-3716(c), and amendments
thereto, or whose underlying prison term expires while serving a sanction
pursuant to K.S.A. 22-3716(c), and amendments thereto, shall serve a
period of postrelease supervision upon the completion of the underlying
prison term.
(5) As used in this subsection, "sexually violent crime" means:
(A) Rape, K.S.A. 21-3502, prior to its repeal, or K.S.A. 2022 Supp.
21-5503, and amendments thereto;
(B) indecent liberties with a child, K.S.A. 21-3503, prior to its repeal,
or K.S.A. 2022 Supp. 21-5506(a), and amendments thereto;
(C) aggravated indecent liberties with a child, K.S.A. 21-3504, prior
to its repeal, or K.S.A. 2022 Supp. 21-5506(b), and amendments thereto;
(D) criminal sodomy, K.S.A. 21-3505(a)(2) and (a)(3), prior to its
repeal, or K.S.A. 2022 Supp. 21-5504(a)(3) and (a)(4), and amendments
thereto;
(E) aggravated criminal sodomy, K.S.A. 21-3506, prior to its repeal,
or K.S.A. 2022 Supp. 21-5504(b), and amendments thereto;
(F) indecent solicitation of a child, K.S.A. 21-3510, prior to its repeal,
or K.S.A. 2022 Supp. 21-5508(a), and amendments thereto;
(G) aggravated indecent solicitation of a child, K.S.A. 21-3511, prior
to its repeal, or K.S.A. 2022 Supp. 21-5508(b), and amendments thereto;
(H) sexual exploitation of a child, K.S.A. 21-3516, prior to its repeal,
or K.S.A. 2022 Supp. 21-5510, and amendments thereto;
(I) aggravated sexual battery, K.S.A. 21-3518, prior to its repeal, or
K.S.A. 2022 Supp. 21-5505(b), and amendments thereto;
(J) aggravated incest, K.S.A. 21-3603, prior to its repeal, or K.S.A.
2022 Supp. 21-5604(b), and amendments thereto;
(K) aggravated human trafficking, as defined in K.S.A. 21-3447,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 69
prior to its repeal, or K.S.A. 2022 Supp. 21-5426(b), and amendments
thereto, if committed in whole or in part for the purpose of the sexual
gratification of the defendant or another;
(L) internet trading in child pornography, as defined in K.S.A. 2022
Supp. 21-5514(a), and amendments thereto;
(M) aggravated internet trading in child pornography, as defined in
K.S.A. 2022 Supp. 21-5514(b), and amendments thereto;
(N) commercial sexual exploitation of a child, as defined in K.S.A.
2022 Supp. 21-6422, and amendments thereto; or
(O) an attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-3301, 21-3302 or 21-3303, prior to their repeal, or K.S.A. 2022
Supp. 21-5301, 21-5302 or 21-5303, and amendments thereto, of a
sexually violent crime as defined in this section.
(6) As used in this subsection, "sexually motivated" means that one of
the purposes for which the defendant committed the crime was for the
purpose of the defendant's sexual gratification.
(e) If an inmate is sentenced to imprisonment for a crime committed
while on parole or conditional release, the inmate shall be eligible for
parole as provided by subsection (c), except that the prisoner review board
may postpone the inmate's parole eligibility date by assessing a penalty not
exceeding the period of time which could have been assessed if the
inmate's parole or conditional release had been violated for reasons other
than conviction of a crime.
(f) If a person is sentenced to prison for a crime committed on or after
July 1, 1993, while on probation, parole, conditional release or in a
community corrections program, for a crime committed prior to July 1,
1993, and the person is not eligible for retroactive application of the
sentencing guidelines and amendments thereto pursuant to K.S.A. 21-
4724, prior to its repeal, the new sentence shall not be aggregated with the
old sentence, but shall begin when the person is paroled or reaches the
conditional release date on the old sentence. If the offender was past the
offender's conditional release date at the time the new offense was
committed, the new sentence shall not be aggregated with the old sentence
but shall begin when the person is ordered released by the prisoner review
board or reaches the maximum sentence expiration date on the old
sentence, whichever is earlier. The new sentence shall then be served as
otherwise provided by law. The period of postrelease supervision shall be
based on the new sentence, except that those offenders whose old sentence
is a term of imprisonment for life, imposed pursuant to K.S.A. 1993 Supp.
21-4628, prior to its repeal, or an indeterminate sentence with a maximum
term of life imprisonment, for which there is no conditional release or
maximum sentence expiration date, shall remain on postrelease
supervision for life or until discharged from supervision by the prisoner
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 70
review board.
(g) Subject to the provisions of this section, the prisoner review board
may release on parole those persons confined in institutions who are
eligible for parole when: (1) The board believes that the inmate should be
released for hospitalization, deportation or to answer the warrant or other
process of a court and is of the opinion that there is reasonable probability
that the inmate can be released without detriment to the community or to
the inmate; or (2) the secretary of corrections has reported to the board in
writing that the inmate has satisfactorily completed the programs required
by any agreement entered under K.S.A. 75-5210a, and amendments
thereto, or any revision of such agreement, and the board believes that the
inmate is able and willing to fulfill the obligations of a law abiding citizen
and is of the opinion that there is reasonable probability that the inmate
can be released without detriment to the community or to the inmate.
Parole shall not be granted as an award of clemency and shall not be
considered a reduction of sentence or a pardon.
(h) The prisoner review board shall hold a parole hearing at least the
month prior to the month an inmate will be eligible for parole under
subsections (a), (b) and (c). At least one month preceding the parole
hearing, the county or district attorney of the county where the inmate was
convicted shall give written notice of the time and place of the public
comment sessions for the inmate to any victim of the inmate's crime who
is alive and whose address is known to the county or district attorney or, if
the victim is deceased, to the victim's family if the family's address is
known to the county or district attorney. Except as otherwise provided,
failure to notify pursuant to this section shall not be a reason to postpone a
parole hearing. In the case of any inmate convicted of an off-grid felony or
a class A felony, the secretary of corrections shall give written notice of the
time and place of the public comment session for such inmate at least one
month preceding the public comment session to any victim of such
inmate's crime or the victim's family pursuant to K.S.A. 74-7338, and
amendments thereto. If notification is not given to such victim or such
victim's family in the case of any inmate convicted of an off-grid felony or
a class A felony, the board shall postpone a decision on parole of the
inmate to a time at least 30 days after notification is given as provided in
this section. Nothing in this section shall create a cause of action against
the state or an employee of the state acting within the scope of the
employee's employment as a result of the failure to notify pursuant to this
section. If granted parole, the inmate may be released on parole on the date
specified by the board, but not earlier than the date the inmate is eligible
for parole under subsections (a), (b) and (c). At each parole hearing and, if
parole is not granted, at such intervals thereafter as it determines
appropriate, the board shall consider: (1) Whether the inmate has
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 71
satisfactorily completed the programs required by any agreement entered
under K.S.A. 75-5210a, and amendments thereto, or any revision of such
agreement; and (2) all pertinent information regarding such inmate,
including, but not limited to, the circumstances of the offense of the
inmate; the presentence report; the previous social history and criminal
record of the inmate; the conduct, employment, and attitude of the inmate
in prison; the reports of such physical and mental examinations as have
been made, including, but not limited to, risk factors revealed by any risk
assessment of the inmate; comments of the victim and the victim's family
including in person comments, contemporaneous comments and
prerecorded comments made by any technological means; comments of
the public; official comments; any recommendation by the staff of the
facility where the inmate is incarcerated; proportionality of the time the
inmate has served to the sentence a person would receive under the Kansas
sentencing guidelines for the conduct that resulted in the inmate's
incarceration; and capacity of state correctional institutions.
(i) In those cases involving inmates sentenced for a crime committed
after July 1, 1993, the prisoner review board will review the inmate's
proposed release plan. The board may schedule a hearing if they desire.
The board may impose any condition they deem necessary to insure public
safety, aid in the reintegration of the inmate into the community, or items
not completed under the agreement entered into under K.S.A. 75-5210a,
and amendments thereto. The board may not advance or delay an inmate's
release date. Every inmate while on postrelease supervision shall remain in
the legal custody of the secretary of corrections and is subject to the orders
of the secretary.
(j) (1) Before ordering the parole of any inmate, the prisoner review
board shall have the inmate appear either in person or via a video
conferencing format and shall interview the inmate unless impractical
because of the inmate's physical or mental condition or absence from the
institution. Every inmate while on parole shall remain in the legal custody
of the secretary of corrections and is subject to the orders of the secretary.
Whenever the board formally considers placing an inmate on parole and
no agreement has been entered into with the inmate under K.S.A. 75-
5210a, and amendments thereto, the board shall notify the inmate in
writing of the reasons for not granting parole. If an agreement has been
entered under K.S.A. 75-5210a, and amendments thereto, and the inmate
has not satisfactorily completed the programs specified in the agreement,
or any revision of such agreement, the board shall notify the inmate in
writing of the specific programs the inmate must satisfactorily complete
before parole will be granted. If parole is not granted only because of a
failure to satisfactorily complete such programs, the board shall grant
parole upon the secretary's certification that the inmate has successfully
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 72
completed such programs. If an agreement has been entered under K.S.A.
75-5210a, and amendments thereto, and the secretary of corrections has
reported to the board in writing that the inmate has satisfactorily
completed the programs required by such agreement, or any revision
thereof, the board shall not require further program participation.
However, if the board determines that other pertinent information
regarding the inmate warrants the inmate's not being released on parole,
the board shall state in writing the reasons for not granting the parole. If
parole is denied for an inmate sentenced for a crime other than a class A or
class B felony or an off-grid felony, the board shall hold another parole
hearing for the inmate not later than one year after the denial unless the
board finds that it is not reasonable to expect that parole would be granted
at a hearing if held in the next three years or during the interim period of a
deferral. In such case, the board may defer subsequent parole hearings for
up to three years but any such deferral by the board shall require the board
to state the basis for its findings. If parole is denied for an inmate
sentenced for a class A or class B felony or an off-grid felony, the board
shall hold another parole hearing for the inmate not later than three years
after the denial unless the board finds that it is not reasonable to expect
that parole would be granted at a hearing if held in the next 10 years or
during the interim period of a deferral. In such case, the board may defer
subsequent parole hearings for up to 10 years, but any such deferral shall
require the board to state the basis for its findings.
(2) Inmates sentenced for a class A or class B felony who have not
had a board hearing in the five years prior to July 1, 2010, shall have such
inmates' cases reviewed by the board on or before July 1, 2012. Such
review shall begin with the inmates with the oldest deferral date and
progress to the most recent. Such review shall be done utilizing existing
resources unless the board determines that such resources are insufficient.
If the board determines that such resources are insufficient, then the
provisions of this paragraph are subject to appropriations therefor.
(k) (1) Parolees and persons on postrelease supervision shall be
assigned, upon release, to the appropriate level of supervision pursuant to
the criteria established by the secretary of corrections.
(2) Parolees and persons on postrelease supervision are, and shall
agree in writing to be, subject to searches of the person and the person's
effects, vehicle, residence and property by a parole officer or a department
of corrections enforcement, apprehension and investigation officer, at any
time of the day or night, with or without a search warrant and with or
without cause. Nothing in this subsection shall be construed to authorize
such officers to conduct arbitrary or capricious searches or searches for the
sole purpose of harassment.
(3) Parolees and persons on postrelease supervision are, and shall
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 73
agree in writing to be, subject to searches of the person and the person's
effects, vehicle, residence and property by any law enforcement officer
based on reasonable suspicion of the person violating conditions of parole
or postrelease supervision or reasonable suspicion of criminal activity. Any
law enforcement officer who conducts such a search shall submit a written
report to the appropriate parole officer no later than the close of the next
business day after such search. The written report shall include the facts
leading to such search, the scope of such search and any findings resulting
from such search.
(l) The prisoner review board shall promulgate rules and regulations
in accordance with K.S.A. 77-415 et seq., and amendments thereto, not
inconsistent with the law and as it may deem proper or necessary, with
respect to the conduct of parole hearings, postrelease supervision reviews,
revocation hearings, orders of restitution, reimbursement of expenditures
by the state board of indigents' defense services and other conditions to be
imposed upon parolees or releasees. Whenever an order for parole or
postrelease supervision is issued it shall recite the conditions thereof.
(m) Whenever the prisoner review board orders the parole of an
inmate or establishes conditions for an inmate placed on postrelease
supervision, the board:
(1) Unless it finds compelling circumstances that would render a plan
of payment unworkable, shall order as a condition of parole or postrelease
supervision that the parolee or the person on postrelease supervision pay
any transportation expenses resulting from returning the parolee or the
person on postrelease supervision to this state to answer criminal charges
or a warrant for a violation of a condition of probation, assignment to a
community correctional services program, parole, conditional release or
postrelease supervision;
(2) to the extent practicable, shall order as a condition of parole or
postrelease supervision that the parolee or the person on postrelease
supervision make progress towards or successfully complete the
equivalent of a secondary education if the inmate has not previously
completed such educational equivalent and is capable of doing so;
(3) may order that the parolee or person on postrelease supervision
perform community or public service work for local governmental
agencies, private corporations organized not-for-profit or charitable or
social service organizations performing services for the community;
(4) may order the parolee or person on postrelease supervision to pay
the administrative fee imposed pursuant to K.S.A. 22-4529, and
amendments thereto, unless the board finds compelling circumstances that
would render payment unworkable;
(5) unless it finds compelling circumstances that would render a plan
of payment unworkable, shall order that the parolee or person on
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 74
postrelease supervision reimburse the state for all or part of the
expenditures by the state board of indigents' defense services to provide
counsel and other defense services to the person. In determining the
amount and method of payment of such sum, the prisoner review board
shall take account of the financial resources of the person and the nature of
the burden that the payment of such sum will impose. Such amount shall
not exceed the amount claimed by appointed counsel on the payment
voucher for indigents' defense services or the amount prescribed by the
board of indigents' defense services reimbursement tables as provided in
K.S.A. 22-4522, and amendments thereto, whichever is less, minus any
previous payments for such services;
(6) shall order that the parolee or person on postrelease supervision
agree in writing to be subject to searches of the person and the person's
effects, vehicle, residence and property by a parole officer or a department
of corrections enforcement, apprehension and investigation officer, at any
time of the day or night, with or without a search warrant and with or
without cause. Nothing in this subsection shall be construed to authorize
such officers to conduct arbitrary or capricious searches or searches for the
sole purpose of harassment; and
(7) shall order that the parolee or person on postrelease supervision
agree in writing to be subject to searches of the person and the person's
effects, vehicle, residence and property by any law enforcement officer
based on reasonable suspicion of the person violating conditions of parole
or postrelease supervision or reasonable suspicion of criminal activity.
(n) If the court that sentenced an inmate specified at the time of
sentencing the amount and the recipient of any restitution ordered as a
condition of parole or postrelease supervision, the prisoner review board
shall order as a condition of parole or postrelease supervision that the
inmate pay restitution in the amount and manner provided in the journal
entry unless the board finds compelling circumstances that would render a
plan of restitution unworkable.
(o) Whenever the prisoner review board grants the parole of an
inmate, the board, within 14 days of the date of the decision to grant
parole, shall give written notice of the decision to the county or district
attorney of the county where the inmate was sentenced.
(p) When an inmate is to be released on postrelease supervision, the
secretary, within 30 days prior to release, shall provide the county or
district attorney of the county where the inmate was sentenced written
notice of the release date.
(q) Inmates shall be released on postrelease supervision upon the
termination of the prison portion of their sentence. Time served while on
postrelease supervision will vest.
(r) An inmate who is allocated regular good time credits as provided
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 75
in K.S.A. 22-3725, and amendments thereto, may receive meritorious
good time credits in increments of not more than 90 days per meritorious
act. These credits may be awarded by the secretary of corrections when an
inmate has acted in a heroic or outstanding manner in coming to the
assistance of another person in a life-threatening situation, preventing
injury or death to a person, preventing the destruction of property or taking
actions that result in a financial savings to the state.
(s) The provisions of subsections (d)(1)(A), (d)(1)(B), (d)(1)(C) and
(d)(1)(E) shall be applied retroactively as provided in subsection (t).
(t) For offenders sentenced prior to July 1, 2014, who are eligible for
modification of their postrelease supervision obligation, the department of
corrections shall modify the period of postrelease supervision as provided
for by this section:
(1) On or before September 1, 2013, for offenders convicted of:
(A) Severity levels 9 and 10 crimes on the sentencing guidelines grid
for nondrug crimes;
(B) severity level 4 crimes on the sentencing guidelines grid for drug
crimes committed prior to July 1, 2012; and
(C) severity level 5 crimes on the sentencing guidelines grid for drug
crimes committed on and after July 1, 2012;
(2) on or before November 1, 2013, for offenders convicted of:
(A) Severity levels 6, 7 and 8 crimes on the sentencing guidelines
grid for nondrug crimes;
(B) level 3 crimes on the sentencing guidelines grid for drug crimes
committed prior to July 1, 2012; and
(C) level 4 crimes on the sentencing guidelines grid for drug crimes
committed on or after July 1, 2012; and
(3) on or before January 1, 2014, for offenders convicted of:
(A) Severity levels 1, 2, 3, 4 and 5 crimes on the sentencing
guidelines grid for nondrug crimes;
(B) severity levels 1 and 2 crimes on the sentencing guidelines grid
for drug crimes committed at any time; and
(C) severity level 3 crimes on the sentencing guidelines grid for drug
crimes committed on or after July 1, 2012.
(u) An inmate sentenced to imprisonment pursuant to K.S.A. 21-
4643, prior to its repeal, or K.S.A. 2022 Supp. 21-6627, and amendments
thereto, for crimes committed on or after July 1, 2006, shall be placed on
parole for life and shall not be discharged from supervision by the prisoner
review board. When the board orders the parole of an inmate pursuant to
this subsection, the board shall order as a condition of parole that the
inmate be electronically monitored for the duration of the inmate's natural
life.
(v) Whenever the prisoner review board orders a person to be
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 76
electronically monitored pursuant to this section, or the court orders a
person to be electronically monitored pursuant to K.S.A. 2022 Supp. 21-
6604(r), and amendments thereto, the board shall order the person to
reimburse the state for all or part of the cost of such monitoring. In
determining the amount and method of payment of such sum, the board
shall take account of the financial resources of the person and the nature of
the burden that the payment of such sum will impose.
(w) (1) On and after July 1, 2012, for any inmate who is a sex
offender, as defined in K.S.A. 22-4902, and amendments thereto,
whenever the prisoner review board orders the parole of such inmate or
establishes conditions for such inmate placed on postrelease supervision,
such inmate shall agree in writing to not possess pornographic materials.
(A) As used in this subsection, "pornographic materials" means any
obscene material or performance depicting sexual conduct, sexual contact
or a sexual performance; and any visual depiction of sexually explicit
conduct.
(B) As used in this subsection, all other terms have the meanings
provided by K.S.A. 2022 Supp. 21-5510, and amendments thereto.
(2) The provisions of this subsection shall be applied retroactively to
every sex offender, as defined in K.S.A. 22-4902, and amendments
thereto, who is on parole or postrelease supervision on July 1, 2012. The
prisoner review board shall obtain the written agreement required by this
subsection from such offenders as soon as practicable.
(x) For any parolee or person on postrelease supervision who is a
registered patient pursuant to section 8, and amendments thereto, the
prisoner review board shall not order any condition that prohibits such
parolee or person on postrelease supervision from purchasing, possessing
or consuming medical cannabis, as defined in section 2, and amendments
thereto, in accordance with the medical cannabis regulation act, section 1
et seq., and amendments thereto.
Sec. 69. K.S.A. 2022 Supp. 23-3201 is hereby amended to read as
follows: 23-3201. (a) The court shall determine legal custody, residency
and parenting time of a child in accordance with the best interests of the
child.
(b) The court shall not consider the fact that a parent or a child
consumes medical cannabis in accordance with section 10, and
amendments thereto, when determining the legal custody, residency or
parenting time of a child.
Sec. 70. K.S.A. 38-2269 is hereby amended to read as follows: 38-
2269. (a) When the child has been adjudicated to be a child in need of
care, the court may terminate parental rights or appoint a permanent
custodian when the court finds by clear and convincing evidence that the
parent is unfit by reason of conduct or condition which renders the parent
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 77
unable to care properly for a child and the conduct or condition is unlikely
to change in the foreseeable future.
(b) In making a determination of unfitness the court shall consider,
but is not limited to, the following, if applicable:
(1) Emotional illness, mental illness, mental deficiency or physical
disability of the parent, of such duration or nature as to render the parent
unable to care for the ongoing physical, mental and emotional needs of the
child;
(2) conduct toward a child of a physically, emotionally or sexually
cruel or abusive nature;
(3) the use of intoxicating liquors or narcotic or dangerous drugs of
such duration or nature as to render the parent unable to care for the
ongoing physical, mental or emotional needs of the child, except that the
use of medical cannabis in accordance with section 10, and amendments
thereto, shall not be considered to render the parent unable to care for the
ongoing physical, mental or emotional needs of the child;
(4) physical, mental or emotional abuse or neglect or sexual abuse of
a child;
(5) conviction of a felony and imprisonment;
(6) unexplained injury or death of another child or stepchild of the
parent or any child in the care of the parent at the time of injury or death;
(7) failure of reasonable efforts made by appropriate public or private
agencies to rehabilitate the family;
(8) lack of effort on the part of the parent to adjust the parent's
circumstances, conduct or conditions to meet the needs of the child; and
(9) whether, as a result of the actions or inactions attributable to the
parent and one or more of the factors listed in subsection (c) apply, the
child has been in the custody of the secretary and placed with neither
parent for 15 of the most recent 22 months beginning 60 days after the
date on which a child in the secretary's custody was removed from the
child's home.
(c) In addition to the foregoing, when a child is not in the physical
custody of a parent, the court, shall consider, but is not limited to, the
following:
(1) Failure to assure care of the child in the parental home when able
to do so;
(2) failure to maintain regular visitation, contact or communication
with the child or with the custodian of the child;
(3) failure to carry out a reasonable plan approved by the court
directed toward the integration of the child into a parental home; and
(4) failure to pay a reasonable portion of the cost of substitute
physical care and maintenance based on ability to pay.
In making the above determination, the court may disregard incidental
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 78
visitations, contacts, communications or contributions.
(d) A finding of unfitness may be made as provided in this section if
the court finds that the parents have abandoned the child, the custody of
the child was surrendered pursuant to K.S.A. 38-2282, and amendments
thereto, or the child was left under such circumstances that the identity of
the parents is unknown and cannot be ascertained, despite diligent
searching, and the parents have not come forward to claim the child within
three months after the child is found.
(e) If a person is convicted of a felony in which sexual intercourse
occurred, or if a juvenile is adjudicated a juvenile offender because of an
act which, if committed by an adult, would be a felony in which sexual
intercourse occurred, and as a result of the sexual intercourse, a child is
conceived, a finding of unfitness may be made.
(f) The existence of any one of the above factors standing alone may,
but does not necessarily, establish grounds for termination of parental
rights.
(g) (1) If the court makes a finding of unfitness, the court shall
consider whether termination of parental rights as requested in the petition
or motion is in the best interests of the child. In making the determination,
the court shall give primary consideration to the physical, mental and
emotional health of the child. If the physical, mental or emotional needs of
the child would best be served by termination of parental rights, the court
shall so order. A termination of parental rights under the code shall not
terminate the right of a child to inherit from or through a parent. Upon
such termination all rights of the parent to such child, including, such
parent's right to inherit from or through such child, shall cease.
(2) If the court terminates parental rights, the court may authorize
adoption pursuant to K.S.A. 38-2270, and amendments thereto,
appointment of a permanent custodian pursuant to K.S.A. 38-2272, and
amendments thereto, or continued permanency planning.
(3) If the court does not terminate parental rights, the court may
authorize appointment of a permanent custodian pursuant to K.S.A. 38-
2272, and amendments thereto, or continued permanency planning.
(h) If a parent is convicted of an offense as provided in K.S.A. 38-
2271(a)(7), and amendments thereto, or is adjudicated a juvenile offender
because of an act which if committed by an adult would be an offense as
provided in K.S.A. 38-2271(a)(7), and amendments thereto, and if the
victim was the other parent of a child, the court may disregard such
convicted or adjudicated parent's opinions or wishes in regard to the
placement of such child.
(i) A record shall be made of the proceedings.
(j) When adoption, proceedings to appoint a permanent custodian or
continued permanency planning has been authorized, the person or agency
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 79
awarded custody of the child shall within 30 days submit a written plan for
permanent placement which shall include measurable objectives and time
schedules.
Sec. 71. K.S.A. 41-201 is hereby amended to read as follows: 41-201.
(a) The director of alcoholic beverage alcohol and cannabis control and
agents and employees of the director designated by the director, with the
approval of the secretary of revenue, are hereby vested with the power and
authority of peace and police officers, in the execution of the duties
imposed upon the director of alcoholic beverage alcohol and cannabis
control by this act and in enforcing the provisions of this act.
(b) The director and each agent and employee designated by the
director under subsection (a), with the approval of the secretary of
revenue, shall have the authority to make arrests, conduct searches and
seizures and carry firearms while investigating violations of this act and
during the routine conduct of their duties as determined by the director or
designee. In addition to the above, the director and such agents and
employees shall have the authority to make arrests, conduct searches and
seizures and generally to enforce all the criminal laws of the state as
violations of those laws are encountered by such employees or agents
during the routine performance of their duties. In addition to or in lieu of
the above, the director and the director's agents and employees shall have
the authority to issue notices to appear pursuant to K.S.A. 22-2408, and
amendments thereto. No agent or employee of the director shall be
certified to carry firearms under the provisions of this section without
having first successfully completed the firearm training course or courses
prescribed for law enforcement officers under subsection (a) of K.S.A. 74-
5604a(a), and amendments thereto. The director may adopt rules and
regulations prescribing other training required for such agents or
employees.
(c) The attorney general shall appoint, with the approval of the
secretary of revenue, an two assistant attorney attorneys general who shall
be the attorney attorneys for the director of alcoholic beverage alcohol
and cannabis control and the division of alcoholic beverage alcohol and
cannabis control, and who shall receive an annual salary fixed by the
attorney general with the approval of the director of alcoholic beverage
alcohol and cannabis control and the state finance council.
Sec. 72. K.S.A. 44-501 is hereby amended to read as follows: 44-501.
(a) (1) Compensation for an injury shall be disallowed if such injury to the
employee results from:
(A) The employee's deliberate intention to cause such injury;
(B) the employee's willful failure to use a guard or protection against
accident or injury which is required pursuant to any statute and provided
for the employee;
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 80
(C) the employee's willful failure to use a reasonable and proper
guard and protection voluntarily furnished the employee by the employer;
(D) the employee's reckless violation of their employer's workplace
safety rules or regulations; or
(E) the employee's voluntary participation in fighting or horseplay
with a co-employee for any reason, work related or otherwise.
(2) Subparagraphs (B) and (C) of paragraph (1) of subsection (a)
Subsections (a)(1)(B) and (a)(1)(C) shall not apply when it was reasonable
under the totality of the circumstances to not use such equipment, or if the
employer approved the work engaged in at the time of an accident or
injury to be performed without such equipment.
(b) (1) (A) The employer shall not be liable under the workers
compensation act where the injury, disability or death was contributed to
by the employee's use or consumption of alcohol or any drugs, chemicals
or any other compounds or substances, including, but not limited to, any
drugs or medications which that are available to the public without a
prescription from a health care provider, prescription drugs or medications,
any form or type of narcotic drugs, marijuana, stimulants, depressants or
hallucinogens.
(B) (i) In the case of drugs or medications which are available to the
public without a prescription from a health care provider and prescription
drugs or medications, compensation shall not be denied if the employee
can show that such drugs or medications were being taken or used in
therapeutic doses and there have been no prior incidences of the
employee's impairment on the job as the result of the use of such drugs or
medications within the previous 24 months.
(ii) In the case of cannabis, including any cannabis derivatives,
compensation shall not be denied if the employee is registered as a patient
pursuant to section 8, and amendments thereto, such cannabis or cannabis
derivative was used in accordance with the medical cannabis regulation
act, section 1 et seq., and amendments thereto, and there has been no
prior incidence of the employee's impairment on the job as a result of the
use of such cannabis or cannabis derivative within the immediately
preceding 24 months.
(C) It shall be conclusively presumed that the employee was impaired
due to alcohol or drugs if it is shown that, at the time of the injury, the
employee had an alcohol concentration of .04 or more, or a GCMS
confirmatory test by quantitative analysis showing a concentration at or
above the levels shown on the following chart for the drugs of abuse listed:
Confirmatory
test cutoff
levels (ng/ml)
Marijuana metabolite
1
..............................................................15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 81
Cocaine metabolite
2
..................................................................150
Opiates:
Morphine .............................................................................2000
Codeine ...............................................................................2000
6-Acetylmorphine
43
..................................................................10 ng/ml
Phencyclidine ...........................................................................25
Amphetamines:
Amphetamine ......................................................................500
Methamphetamine
34
.............................................................500
1
Delta-9-tetrahydrocannabinol-9-carboxylic acid.
2
Benzoylecgonine.
3
Specimen must also contain amphetamine at a concentration greater
than or equal to 200 ng/mlTest for 6-AM when morphine concentration
exceeds 2,000 ng/ml.
4
Test for 6-AM when morphine concentration exceeds 2,000
ng/mlSpecimen must also contain amphetamine at a concentration
greater than or equal to 200 ng/ml.
(D) If it is shown that the employee was impaired pursuant to
subsection (b)(1)(C) at the time of the injury, there shall be a rebuttable
presumption that the accident, injury, disability or death was contributed to
by such impairment. The employee may overcome the presumption of
contribution by clear and convincing evidence.
(E) An employee's refusal to submit to a chemical test at the request
of the employer shall result in the forfeiture of benefits under the workers
compensation act if the employer had sufficient cause to suspect the use of
alcohol or drugs by the claimant or if the employer's policy clearly
authorizes post-injury testing.
(2) The results of a chemical test shall be admissible evidence to
prove impairment if the employer establishes that the testing was done
under any of the following circumstances:
(A) As a result of an employer mandated drug testing policy, in place
in writing prior to the date of accident or injury, requiring any worker to
submit to testing for drugs or alcohol;
(B) during an autopsy or in the normal course of medical treatment
for reasons related to the health and welfare of the injured worker and not
at the direction of the employer;
(C) the worker, prior to the date and time of the accident or injury,
gave written consent to the employer that the worker would voluntarily
submit to a chemical test for drugs or alcohol following any accident or
injury;
(D) the worker voluntarily agrees to submit to a chemical test for
drugs or alcohol following any accident or injury; or
(E) as a result of federal or state law or a federal or state rule or
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 82
regulation having the force and effect of law requiring a post-injury testing
program and such required program was properly implemented at the time
of testing.
(3) Notwithstanding subsection (b)(2), the results of a chemical test
performed on a sample collected by an employer shall not be admissible
evidence to prove impairment unless the following conditions are met:
(A) The test sample was collected within a reasonable time following
the accident or injury;
(B) the collecting and labeling of the test sample was performed by or
under the supervision of a licensed health care professional;
(C) the test was performed by a laboratory approved by the United
States department of health and human services or licensed by the
department of health and environment, except that a blood sample may be
tested for alcohol content by a laboratory commonly used for that purpose
by state law enforcement agencies;
(D) the test was confirmed by gas chromatography-mass
spectroscopy or other comparably reliable analytical method, except that
no such confirmation is required for a blood alcohol sample;
(E) the foundation evidence must establish, beyond a reasonable
doubt, that the test results were from the sample taken from the employee;
and
(F) a split sample sufficient for testing shall be retained and made
available to the employee within 48 hours of a positive test.
(c) (1) Except as provided in paragraph (2), compensation shall not
be paid in case of coronary or coronary artery disease or cerebrovascular
injury unless it is shown that the exertion of the work necessary to
precipitate the disability was more than the employee's usual work in the
course of the employee's regular employment.
(2) For events occurring on or after July 1, 2014, in the case of a
firefighter as defined by K.S.A. 40-1709(b)(1), and amendments thereto,
or a law enforcement officer as defined by K.S.A. 74-5602, and
amendments thereto, coronary or coronary artery disease or
cerebrovascular injury shall be compensable if:
(A) The injury can be identified as caused by a specific event
occurring in the course and scope of employment;
(B) the coronary or cerebrovascular injury occurred within 24 hours
of the specific event; and
(C) the specific event was the prevailing factor in causing the
coronary or coronary artery disease or cerebrovascular injury.
(d) Except as provided in the workers compensation act, no
construction design professional who is retained to perform professional
services on a construction project or any employee of a construction
design professional who is assisting or representing the construction
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 83
design professional in the performance of professional services on the site
of the construction project, shall be liable for any injury resulting from the
employer's failure to comply with safety standards on the construction
project for which compensation is recoverable under the workers
compensation act, unless responsibility for safety practices is specifically
assumed by contract. The immunity provided by this subsection to any
construction design professional shall not apply to the negligent
preparation of design plans or specifications.
(e) An award of compensation for permanent partial impairment,
work disability, or permanent total disability shall be reduced by the
amount of functional impairment determined to be preexisting. Any such
reduction shall not apply to temporary total disability, nor shall it apply to
compensation for medical treatment.
(1) Where workers compensation benefits have previously been
awarded through settlement or judicial or administrative determination in
Kansas, the percentage basis of the prior settlement or award shall
conclusively establish the amount of functional impairment determined to
be preexisting. Where workers compensation benefits have not previously
been awarded through settlement or judicial or administrative
determination in Kansas, the amount of preexisting functional impairment
shall be established by competent evidence.
(2) In all cases, the applicable reduction shall be calculated as
follows:
(A) If the preexisting impairment is the result of injury sustained
while working for the employer against whom workers compensation
benefits are currently being sought, any award of compensation shall be
reduced by the current dollar value attributable under the workers
compensation act to the percentage of functional impairment determined to
be preexisting. The "current dollar value" shall be calculated by
multiplying the percentage of preexisting impairment by the compensation
rate in effect on the date of the accident or injury against which the
reduction will be applied.
(B) In all other cases, the employer against whom benefits are
currently being sought shall be entitled to a credit for the percentage of
preexisting impairment.
(f) If the employee receives, whether periodically or by lump sum,
retirement benefits under the federal social security act or retirement
benefits from any other retirement system, program, policy or plan which
that is provided by the employer against which the claim is being made,
any compensation benefit payments which the employee is eligible to
receive under the workers compensation act for such claim shall be
reduced by the weekly equivalent amount of the total amount of all such
retirement benefits, less any portion of any such retirement benefit, other
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 84
than retirement benefits under the federal social security act, that is
attributable to payments or contributions made by the employee, but in no
event shall the workers compensation benefit be less than the workers
compensation benefit payable for the employee's percentage of functional
impairment. Where the employee elects to take retirement benefits in a
lump sum, the lump sum payment shall be amortized at the rate of 4% per
year over the employee's life expectancy to determine the weekly
equivalent value of the benefits.
Sec. 73. K.S.A. 44-706 is hereby amended to read as follows: 44-706.
The secretary shall examine whether an individual has separated from
employment for each week claimed. The secretary shall apply the
provisions of this section to the individual's most recent employment prior
to the week claimed. An individual shall be disqualified for benefits:
(a) If the individual left work voluntarily without good cause
attributable to the work or the employer, subject to the other provisions of
this subsection. For purposes of this subsection, "good cause" is cause of
such gravity that would impel a reasonable, not supersensitive, individual
exercising ordinary common sense to leave employment. Good cause
requires a showing of good faith of the individual leaving work, including
the presence of a genuine desire to work. Failure to return to work after
expiration of approved personal or medical leave, or both, shall be
considered a voluntary resignation. After a temporary job assignment,
failure of an individual to affirmatively request an additional assignment
on the next succeeding workday, if required by the employment
agreement, after completion of a given work assignment, shall constitute
leaving work voluntarily. The disqualification shall begin the day
following the separation and shall continue until after the individual has
become reemployed and has had earnings from insured work of at least
three times the individual's weekly benefit amount. An individual shall not
be disqualified under this subsection if:
(1) The individual was forced to leave work because of illness or
injury upon the advice of a licensed and practicing health care provider
and, upon learning of the necessity for absence, immediately notified the
employer thereof, or the employer consented to the absence, and after
recovery from the illness or injury, when recovery was certified by a
practicing health care provider, the individual returned to the employer and
offered to perform services and the individual's regular work or
comparable and suitable work was not available. As used in this paragraph
"health care provider" means any person licensed by the proper licensing
authority of any state to engage in the practice of medicine and surgery,
osteopathy, chiropractic, dentistry, optometry, podiatry or psychology;
(2) the individual left temporary work to return to the regular
employer;
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 85
(3) the individual left work to enlist in the armed forces of the United
States, but was rejected or delayed from entry;
(4) the spouse of an individual who is a member of the armed forces
of the United States who left work because of the voluntary or involuntary
transfer of the individual's spouse from one job to another job, which is for
the same employer or for a different employer, at a geographic location
which makes it unreasonable for the individual to continue work at the
individual's job. For the purposes of this provision the term "armed forces"
means active duty in the army, navy, marine corps, air force, coast guard or
any branch of the military reserves of the United States;
(5) the individual left work because of hazardous working conditions;
in determining whether or not working conditions are hazardous for an
individual, the degree of risk involved to the individual's health, safety and
morals, the individual's physical fitness and prior training and the working
conditions of workers engaged in the same or similar work for the same
and other employers in the locality shall be considered; as used in this
paragraph, "hazardous working conditions" means working conditions that
could result in a danger to the physical or mental well-being of the
individual; each determination as to whether hazardous working
conditions exist shall include, but shall not be limited to, a consideration
of: (A) The safety measures used or the lack thereof; and (B) the condition
of equipment or lack of proper equipment; no work shall be considered
hazardous if the working conditions surrounding the individual's work are
the same or substantially the same as the working conditions generally
prevailing among individuals performing the same or similar work for
other employers engaged in the same or similar type of activity;
(6) the individual left work to enter training approved under section
236(a)(1) of the federal trade act of 1974, provided the work left is not of a
substantially equal or higher skill level than the individual's past adversely
affected employment, as defined for purposes of the federal trade act of
1974, and wages for such work are not less than 80% of the individual's
average weekly wage as determined for the purposes of the federal trade
act of 1974;
(7) the individual left work because of unwelcome harassment of the
individual by the employer or another employee of which the employing
unit had knowledge and that would impel the average worker to give up
such worker's employment;
(8) the individual left work to accept better work; each determination
as to whether or not the work accepted is better work shall include, but
shall not be limited to, consideration of: (A) The rate of pay, the hours of
work and the probable permanency of the work left as compared to the
work accepted; (B) the cost to the individual of getting to the work left in
comparison to the cost of getting to the work accepted; and (C) the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 86
distance from the individual's place of residence to the work accepted in
comparison to the distance from the individual's residence to the work left;
(9) the individual left work as a result of being instructed or requested
by the employer, a supervisor or a fellow employee to perform a service or
commit an act in the scope of official job duties which is in violation of an
ordinance or statute;
(10) the individual left work because of a substantial violation of the
work agreement by the employing unit and, before the individual left, the
individual had exhausted all remedies provided in such agreement for the
settlement of disputes before terminating. For the purposes of this
paragraph, a demotion based on performance does not constitute a
violation of the work agreement;
(11) after making reasonable efforts to preserve the work, the
individual left work due to a personal emergency of such nature and
compelling urgency that it would be contrary to good conscience to
impose a disqualification; or
(12) (A) the individual left work due to circumstances resulting from
domestic violence, including:
(i) The individual's reasonable fear of future domestic violence at or
en route to or from the individual's place of employment;
(ii) the individual's need to relocate to another geographic area in
order to avoid future domestic violence;
(iii) the individual's need to address the physical, psychological and
legal impacts of domestic violence;
(iv) the individual's need to leave employment as a condition of
receiving services or shelter from an agency which provides support
services or shelter to victims of domestic violence; or
(v) the individual's reasonable belief that termination of employment
is necessary to avoid other situations which may cause domestic violence
and to provide for the future safety of the individual or the individual's
family.
(B) An individual may prove the existence of domestic violence by
providing one of the following:
(i) A restraining order or other documentation of equitable relief by a
court of competent jurisdiction;
(ii) a police record documenting the abuse;
(iii) documentation that the abuser has been convicted of one or more
of the offenses enumerated in articles 34 and 35 of chapter 21 of the
Kansas Statutes Annotated, prior to their repeal, or articles 54 or 55 of
chapter 21 of the Kansas Statutes Annotated, and amendments thereto, or
K.S.A. 2022 Supp. 21-6104, 21-6325, 21-6326 or 21-6418 through 21-
6422, and amendments thereto, where the victim was a family or
household member;
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 87
(iv) medical documentation of the abuse;
(v) a statement provided by a counselor, social worker, health care
provider, clergy, shelter worker, legal advocate, domestic violence or
sexual assault advocate or other professional who has assisted the
individual in dealing with the effects of abuse on the individual or the
individual's family; or
(vi) a sworn statement from the individual attesting to the abuse.
(C) No evidence of domestic violence experienced by an individual,
including the individual's statement and corroborating evidence, shall be
disclosed by the department of labor unless consent for disclosure is given
by the individual.
(b) If the individual has been discharged or suspended for misconduct
connected with the individual's work. The disqualification shall begin the
day following the separation and shall continue until after the individual
becomes reemployed and in cases where the disqualification is due to
discharge for misconduct has had earnings from insured work of at least
three times the individual's determined weekly benefit amount, except that
if an individual is discharged for gross misconduct connected with the
individual's work, such individual shall be disqualified for benefits until
such individual again becomes employed and has had earnings from
insured work of at least eight times such individual's determined weekly
benefit amount. In addition, all wage credits attributable to the
employment from which the individual was discharged for gross
misconduct connected with the individual's work shall be canceled. No
such cancellation of wage credits shall affect prior payments made as a
result of a prior separation.
(1) (A) For the purposes of this subsection, "misconduct" is defined as
a violation of a duty or obligation reasonably owed the employer as a
condition of employment including, but not limited to, a violation of a
company rule, including a safety rule, if:
(A)(i) The individual knew or should have known about the rule;
(B)(ii) the rule was lawful and reasonably related to the job; and
(C)(iii) the rule was fairly and consistently enforced.
(B) The term "misconduct":
(i) Does not include any violation of a duty, obligation or company
rule if:
(a) The individual is a registered patient pursuant to section 8, and
amendments thereto; and
(b) the basis for the violation is the possession of an identification
card issued under section 8, and amendments thereto, or the possession or
use of medical cannabis in accordance with the medical cannabis
regulation act, section 1 et seq., and amendments thereto; and
(ii) includes any violation of a duty, obligation or company rule if the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 88
individual ingested cannabis in the workplace, worked while under the
influence of cannabis or tested positive for a controlled substance.
(2) (A) Failure of the employee to notify the employer of an absence
and an individual's leaving work prior to the end of such individual's
assigned work period without permission shall be considered prima facie
evidence of a violation of a duty or obligation reasonably owed the
employer as a condition of employment.
(B) For the purposes of this subsection, misconduct shall include, but
not be limited to, violation of the employer's reasonable attendance
expectations if the facts show:
(i) The individual was absent or tardy without good cause;
(ii) the individual had knowledge of the employer's attendance
expectation; and
(iii) the employer gave notice to the individual that future absence or
tardiness may or will result in discharge.
(C) For the purposes of this subsection, if an employee disputes being
absent or tardy without good cause, the employee shall present evidence
that a majority of the employee's absences or tardiness were for good
cause. If the employee alleges that the employee's repeated absences or
tardiness were the result of health related issues, such evidence shall
include documentation from a licensed and practicing health care provider
as defined in subsection (a)(1).
(3) (A) (i) The term "gross misconduct" as used in this subsection
shall be construed to mean conduct evincing extreme, willful or wanton
misconduct as defined by this subsection. Gross misconduct shall include,
but not be limited to:
(i)(a) Theft;
(ii)(b) fraud;
(iii)(c) intentional damage to property;
(iv)(d) intentional infliction of personal injury; or
(v)(e) any conduct that constitutes a felony.
(ii) The term "gross misconduct":
(a) Does not include any conduct of an individual if:
(1) The individual is a registered patient pursuant to section 8, and
amendments thereto; and
(2) the basis for such conduct is the possession of an identification
card issued under section 8, and amendments thereto, or the possession or
use of medical cannabis in accordance with the medical cannabis
regulation act, section 1 et seq., and amendments thereto; and
(b) includes any conduct of an individual if the individual ingested
cannabis in the workplace, worked while under the influence of cannabis
or tested positive for a controlled substance.
(B) For the purposes of this subsection, the following shall be
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 89
conclusive evidence of gross misconduct:
(i) The use of alcoholic liquor, cereal malt beverage or a
nonprescribed controlled substance by an individual while working;
(ii) the impairment caused by alcoholic liquor, cereal malt beverage
or a nonprescribed controlled substance by an individual while working;
(iii) a positive breath alcohol test or a positive chemical test,
provided:
(a) The test was either:
(1) Required by law and was administered pursuant to the drug free
workplace act, 41 U.S.C. § 701 et seq.;
(2) administered as part of an employee assistance program or other
drug or alcohol treatment program in which the employee was
participating voluntarily or as a condition of further employment;
(3) requested pursuant to a written policy of the employer of which
the employee had knowledge and was a required condition of
employment;
(4) required by law and the test constituted a required condition of
employment for the individual's job; or
(5) there was reasonable suspicion to believe that the individual used,
had possession of, or was impaired by alcoholic liquor, cereal malt
beverage or a nonprescribed controlled substance while working;
(b) the test sample was collected either:
(1) As prescribed by the drug free workplace act, 41 U.S.C. § 701 et
seq.;
(2) as prescribed by an employee assistance program or other drug or
alcohol treatment program in which the employee was participating
voluntarily or as a condition of further employment;
(3) as prescribed by the written policy of the employer of which the
employee had knowledge and which constituted a required condition of
employment;
(4) as prescribed by a test which was required by law and which
constituted a required condition of employment for the individual's job; or
(5) at a time contemporaneous with the events establishing probable
cause;
(c) the collecting and labeling of a chemical test sample was
performed by a licensed health care professional or any other individual
certified pursuant to paragraph (b)(3)(A)(iii)(f) subsection (b)(3)(B)(iii)(f)
or authorized to collect or label test samples by federal or state law, or a
federal or state rule or regulation having the force or effect of law,
including law enforcement personnel;
(d) the chemical test was performed by a laboratory approved by the
United States department of health and human services or licensed by the
department of health and environment, except that a blood sample may be
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 90
tested for alcohol content by a laboratory commonly used for that purpose
by state law enforcement agencies;
(e) the chemical test was confirmed by gas chromatography, gas
chromatography-mass spectroscopy or other comparably reliable
analytical method, except that no such confirmation is required for a blood
alcohol sample or a breath alcohol test;
(f) the breath alcohol test was administered by an individual trained
to perform breath tests, the breath testing instrument used was certified
and operated strictly according to a description provided by the
manufacturers and the reliability of the instrument performance was
assured by testing with alcohol standards; and
(g) the foundation evidence establishes, beyond a reasonable doubt,
that the test results were from the sample taken from the individual;
(iv) an individual's refusal to submit to a chemical test or breath
alcohol test, provided:
(a) The test meets the standards of the drug free workplace act, 41
U.S.C. § 701 et seq.;
(b) the test was administered as part of an employee assistance
program or other drug or alcohol treatment program in which the
employee was participating voluntarily or as a condition of further
employment;
(c) the test was otherwise required by law and the test constituted a
required condition of employment for the individual's job;
(d) the test was requested pursuant to a written policy of the employer
of which the employee had knowledge and was a required condition of
employment; or
(e) there was reasonable suspicion to believe that the individual used,
possessed or was impaired by alcoholic liquor, cereal malt beverage or a
nonprescribed controlled substance while working;
(v) an individual's dilution or other tampering of a chemical test.
(C) For purposes of this subsection:
(i) "Alcohol concentration" means the number of grams of alcohol
per 210 liters of breath;
(ii) "alcoholic liquor" means the same as provided in K.S.A. 41-102,
and amendments thereto;
(iii) "cereal malt beverage" means the same as provided in K.S.A. 41-
2701, and amendments thereto;
(iv) "chemical test" includes, but is not limited to, tests of urine,
blood or saliva;
(v) "controlled substance" means the same as provided in K.S.A.
2022 Supp. 21-5701, and amendments thereto;
(vi) "required by law" means required by a federal or state law, a
federal or state rule or regulation having the force and effect of law, a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 91
county resolution or municipal ordinance, or a policy relating to public
safety adopted in an open meeting by the governing body of any special
district or other local governmental entity;
(vii) "positive breath test" means a test result showing an alcohol
concentration of 0.04 or greater, or the levels listed in 49 C.F.R. part 40, if
applicable, unless the test was administered as part of an employee
assistance program or other drug or alcohol treatment program in which
the employee was participating voluntarily or as a condition of further
employment, in which case "positive chemical test" shall mean a test result
showing an alcohol concentration at or above the levels provided for in the
assistance or treatment program; and
(viii) "positive chemical test" means a chemical result showing a
concentration at or above the levels listed in K.S.A. 44-501, and
amendments thereto, or 49 C.F.R. part 40, as applicable, for the drugs or
abuse listed therein, unless the test was administered as part of an
employee assistance program or other drug or alcohol treatment program
in which the employee was participating voluntarily or as a condition of
further employment, in which case "positive chemical test" means a
chemical result showing a concentration at or above the levels provided for
in the assistance or treatment program.
(4) An individual shall not be disqualified under this subsection if the
individual is discharged under the following circumstances:
(A) The employer discharged the individual after learning the
individual was seeking other work or when the individual gave notice of
future intent to quit, except that the individual shall be disqualified after
the time at which such individual intended to quit and any individual who
commits misconduct after such individual gives notice to such individual's
intent to quit shall be disqualified;
(B) the individual was making a good-faith good faith effort to do the
assigned work but was discharged due to:
(i) Inefficiency;
(ii) unsatisfactory performance due to inability, incapacity or lack of
training or experience;
(iii) isolated instances of ordinary negligence or inadvertence;
(iv) good-faith good faith errors in judgment or discretion; or
(v) unsatisfactory work or conduct due to circumstances beyond the
individual's control; or
(C) the individual's refusal to perform work in excess of the contract
of hire.
(c) If the individual has failed, without good cause, to either apply for
suitable work when so directed by the employment office of the secretary
of labor, or to accept suitable work when offered to the individual by the
employment office, the secretary of labor, or an employer, such
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 92
disqualification shall begin with the week in which such failure occurred
and shall continue until the individual becomes reemployed and has had
earnings from insured work of at least three times such individual's
determined weekly benefit amount. In determining whether or not any
work is suitable for an individual, the secretary of labor, or a person or
persons designated by the secretary, shall consider the degree of risk
involved to health, safety and morals, physical fitness and prior training,
experience and prior earnings, length of unemployment and prospects for
securing local work in the individual's customary occupation or work for
which the individual is reasonably fitted by training or experience, and the
distance of the available work from the individual's residence.
Notwithstanding any other provisions of this act, an otherwise eligible
individual shall not be disqualified for refusing an offer of suitable
employment, or failing to apply for suitable employment when notified by
an employment office, or for leaving the individual's most recent work
accepted during approved training, including training approved under
section 236(a)(1) of the trade act of 1974, if the acceptance of or applying
for suitable employment or continuing such work would require the
individual to terminate approved training and no work shall be deemed
suitable and benefits shall not be denied under this act to any otherwise
eligible individual for refusing to accept new work under any of the
following conditions:
(1) If the position offered is vacant due directly to a strike, lockout or
other labor dispute;
(2) if the remuneration, hours or other conditions of the work offered
are substantially less favorable to the individual than those prevailing for
similar work in the locality;
(3) if as a condition of being employed, the individual would be
required to join or to resign from or refrain from joining any labor
organization; and
(4) if the individual left employment as a result of domestic violence,
and the position offered does not reasonably accommodate the individual's
physical, psychological, safety, or legal needs relating to such domestic
violence.
(d) For any week with respect to which the secretary of labor, or a
person or persons designated by the secretary, finds that the individual's
unemployment is due to a stoppage of work which exists because of a
labor dispute or there would have been a work stoppage had normal
operations not been maintained with other personnel previously and
currently employed by the same employer at the factory, establishment or
other premises at which the individual is or was last employed, except that
this subsection (d) shall not apply if it is shown to the satisfaction of the
secretary of labor, or a person or persons designated by the secretary, that:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 93
(1) The individual is not participating in or financing or directly interested
in the labor dispute which caused the stoppage of work; and (2) the
individual does not belong to a grade or class of workers of which,
immediately before the commencement of the stoppage, there were
members employed at the premises at which the stoppage occurs any of
whom are participating in or financing or directly interested in the dispute.
If in any case separate branches of work which are commonly conducted
as separate businesses in separate premises are conducted in separate
departments of the same premises, each such department shall, for the
purpose of this subsection be deemed to be a separate factory,
establishment or other premises. For the purposes of this subsection,
failure or refusal to cross a picket line or refusal for any reason during the
continuance of such labor dispute to accept the individual's available and
customary work at the factory, establishment or other premises where the
individual is or was last employed shall be considered as participation and
interest in the labor dispute.
(e) For any week with respect to which or a part of which the
individual has received or is seeking unemployment benefits under the
unemployment compensation law of any other state or of the United
States, except that if the appropriate agency of such other state or the
United States finally determines that the individual is not entitled to such
unemployment benefits, this disqualification shall not apply.
(f) For any week with respect to which the individual is entitled to
receive any unemployment allowance or compensation granted by the
United States under an act of congress to ex-service men and women in
recognition of former service with the military or naval services of the
United States.
(g) If the individual, or another in such individual's behalf with the
knowledge of the individual, has knowingly made a false statement or
representation, or has knowingly failed to disclose a material fact to obtain
or increase benefits under this act or any other unemployment
compensation law administered by the secretary of labor, unless the
individual has repaid the full amount of the overpayment as determined by
the secretary or the secretary's designee, including, but not limited to, the
total amount of money erroneously paid as benefits or unlawfully
obtained, interest, penalties and any other costs or fees provided by law. If
the individual has made such repayment, the individual shall be
disqualified for a period of one year for the first occurrence or five years
for any subsequent occurrence, beginning with the first day following the
date the department of labor confirmed the individual has successfully
repaid the full amount of the overpayment. In addition to the penalties set
forth in K.S.A. 44-719, and amendments thereto, an individual who has
knowingly made a false statement or representation or who has knowingly
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 94
failed to disclose a material fact to obtain or increase benefits under this
act or any other unemployment compensation law administered by the
secretary of labor shall be liable for a penalty in the amount equal to 25%
of the amount of benefits unlawfully received. Notwithstanding any other
provision of law, such penalty shall be deposited into the employment
security trust fund. No person who is a victim of identify theft shall be
subject to the provisions of this subsection. The secretary shall investigate
all cases of an alleged false statement or representation or failure to
disclose a material fact to ensure no victim of identity theft is disqualified,
required to repay or subject to any penalty as provided by this subsection
as a result of identity theft.
(h) For any week with respect to which the individual is receiving
compensation for temporary total disability or permanent total disability
under the workmen's compensation law of any state or under a similar law
of the United States.
(i) For any week of unemployment on the basis of service in an
instructional, research or principal administrative capacity for an
educational institution as defined in K.S.A. 44-703(v), and amendments
thereto, if such week begins during the period between two successive
academic years or terms or, when an agreement provides instead for a
similar period between two regular but not successive terms during such
period or during a period of paid sabbatical leave provided for in the
individual's contract, if the individual performs such services in the first of
such academic years or terms and there is a contract or a reasonable
assurance that such individual will perform services in any such capacity
for any educational institution in the second of such academic years or
terms.
(j) For any week of unemployment on the basis of service in any
capacity other than service in an instructional, research, or administrative
capacity in an educational institution, as defined in K.S.A. 44-703(v), and
amendments thereto, if such week begins during the period between two
successive academic years or terms if the individual performs such
services in the first of such academic years or terms and there is a
reasonable assurance that the individual will perform such services in the
second of such academic years or terms, except that if benefits are denied
to the individual under this subsection and the individual was not offered
an opportunity to perform such services for the educational institution for
the second of such academic years or terms, such individual shall be
entitled to a retroactive payment of benefits for each week for which the
individual filed a timely claim for benefits and for which benefits were
denied solely by reason of this subsection.
(k) For any week of unemployment on the basis of service in any
capacity for an educational institution as defined in K.S.A. 44-703(v), and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 95
amendments thereto, if such week begins during an established and
customary vacation period or holiday recess, if the individual performs
services in the period immediately before such vacation period or holiday
recess and there is a reasonable assurance that such individual will perform
such services in the period immediately following such vacation period or
holiday recess.
(l) For any week of unemployment on the basis of any services,
substantially all of which consist of participating in sports or athletic
events or training or preparing to so participate, if such week begins during
the period between two successive sport seasons or similar period if such
individual performed services in the first of such seasons or similar periods
and there is a reasonable assurance that such individual will perform such
services in the later of such seasons or similar periods.
(m) For any week on the basis of services performed by an alien
unless such alien is an individual who was lawfully admitted for
permanent residence at the time such services were performed, was
lawfully present for purposes of performing such services, or was
permanently residing in the United States under color of law at the time
such services were performed, including an alien who was lawfully present
in the United States as a result of the application of the provisions of
section 212(d)(5) of the federal immigration and nationality act. Any data
or information required of individuals applying for benefits to determine
whether benefits are not payable to them because of their alien status shall
be uniformly required from all applicants for benefits. In the case of an
individual whose application for benefits would otherwise be approved, no
determination that benefits to such individual are not payable because of
such individual's alien status shall be made except upon a preponderance
of the evidence.
(n) For any week in which an individual is receiving a governmental
or other pension, retirement or retired pay, annuity or other similar
periodic payment under a plan maintained by a base period employer and
to which the entire contributions were provided by such employer, except
that:
(1) If the entire contributions to such plan were provided by the base
period employer but such individual's weekly benefit amount exceeds such
governmental or other pension, retirement or retired pay, annuity or other
similar periodic payment attributable to such week, the weekly benefit
amount payable to the individual shall be reduced, but not below zero, by
an amount equal to the amount of such pension, retirement or retired pay,
annuity or other similar periodic payment which is attributable to such
week; or
(2) if only a portion of contributions to such plan were provided by
the base period employer, the weekly benefit amount payable to such
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 96
individual for such week shall be reduced, but not below zero, by the
prorated weekly amount of the pension, retirement or retired pay, annuity
or other similar periodic payment after deduction of that portion of the
pension, retirement or retired pay, annuity or other similar periodic
payment that is directly attributable to the percentage of the contributions
made to the plan by such individual; or
(3) if the entire contributions to the plan were provided by such
individual, or by the individual and an employer, or any person or
organization, who is not a base period employer, no reduction in the
weekly benefit amount payable to the individual for such week shall be
made under this subsection; or
(4) whatever portion of contributions to such plan were provided by
the base period employer, if the services performed for the employer by
such individual during the base period, or remuneration received for the
services, did not affect the individual's eligibility for, or increased the
amount of, such pension, retirement or retired pay, annuity or other similar
periodic payment, no reduction in the weekly benefit amount payable to
the individual for such week shall be made under this subsection.
No reduction shall be made for payments made under the social
security act or railroad retirement act of 1974.
(o) For any week of unemployment on the basis of services
performed in any capacity and under any of the circumstances described in
subsection (i), (j) or (k) that an individual performed in an educational
institution while in the employ of an educational service agency. For the
purposes of this subsection, the term "educational service agency" means a
governmental agency or entity which is established and operated
exclusively for the purpose of providing such services to one or more
educational institutions.
(p) For any week of unemployment on the basis of service as a school
bus or other motor vehicle driver employed by a private contractor to
transport pupils, students and school personnel to or from school-related
functions or activities for an educational institution, as defined in K.S.A.
44-703(v), and amendments thereto, if such week begins during the period
between two successive academic years or during a similar period between
two regular terms, whether or not successive, if the individual has a
contract or contracts, or a reasonable assurance thereof, to perform
services in any such capacity with a private contractor for any educational
institution for both such academic years or both such terms. An individual
shall not be disqualified for benefits as provided in this subsection for any
week of unemployment on the basis of service as a bus or other motor
vehicle driver employed by a private contractor to transport persons to or
from nonschool-related functions or activities.
(q) For any week of unemployment on the basis of services
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 97
performed by the individual in any capacity and under any of the
circumstances described in subsection (i), (j), (k) or (o) which that are
provided to or on behalf of an educational institution, as defined in K.S.A.
44-703(v), and amendments thereto, while the individual is in the employ
of an employer which is a governmental entity, Indian tribe or any
employer described in section 501(c)(3) of the federal internal revenue
code of 1986 which is exempt from income under section 501(a) of the
code.
(r) For any week in which an individual is registered at and attending
an established school, training facility or other educational institution, or is
on vacation during or between two successive academic years or terms. An
individual shall not be disqualified for benefits as provided in this
subsection provided:
(1) The individual was engaged in full-time employment concurrent
with the individual's school attendance;
(2) the individual is attending approved training as defined in K.S.A.
44-703(s), and amendments thereto; or
(3) the individual is attending evening, weekend or limited day time
classes, which would not affect availability for work, and is otherwise
eligible under K.S.A. 44-705(c), and amendments thereto.
(s) For any week with respect to which an individual is receiving or
has received remuneration in the form of a back pay award or settlement.
The remuneration shall be allocated to the week or weeks in the manner as
specified in the award or agreement, or in the absence of such specificity
in the award or agreement, such remuneration shall be allocated to the
week or weeks in which such remuneration, in the judgment of the
secretary, would have been paid.
(1) For any such weeks that an individual receives remuneration in
the form of a back pay award or settlement, an overpayment will be
established in the amount of unemployment benefits paid and shall be
collected from the claimant.
(2) If an employer chooses to withhold from a back pay award or
settlement, amounts paid to a claimant while they claimed unemployment
benefits, such employer shall pay the department the amount withheld.
With respect to such amount, the secretary shall have available all of the
collection remedies authorized or provided in K.S.A. 44-717, and
amendments thereto.
(t) (1) Any applicant for or recipient of unemployment benefits who
tests positive for unlawful use of a controlled substance or controlled
substance analog shall be required to complete a substance abuse treatment
program approved by the secretary of labor, secretary of commerce or
secretary for children and families, and a job skills program approved by
the secretary of labor, secretary of commerce or the secretary for children
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 98
and families. Subject to applicable federal laws, any applicant for or
recipient of unemployment benefits who fails to complete or refuses to
participate in the substance abuse treatment program or job skills program
as required under this subsection shall be ineligible to receive
unemployment benefits until completion of such substance abuse
treatment and job skills programs. Upon completion of both substance
abuse treatment and job skills programs, such applicant for or recipient of
unemployment benefits may be subject to periodic drug screening, as
determined by the secretary of labor. Upon a second positive test for
unlawful use of a controlled substance or controlled substance analog, an
applicant for or recipient of unemployment benefits shall be ordered to
complete again a substance abuse treatment program and job skills
program, and shall be terminated from unemployment benefits for a period
of 12 months, or until such applicant for or recipient of unemployment
benefits completes both substance abuse treatment and job skills programs,
whichever is later. Upon a third positive test for unlawful use of a
controlled substance or controlled substance analog, an applicant for or a
recipient of unemployment benefits shall be terminated from receiving
unemployment benefits, subject to applicable federal law.
(2) Any individual who has been discharged or refused employment
for failing a preemployment drug screen required by an employer may
request that the drug screening specimen be sent to a different drug testing
facility for an additional drug screening. Any such individual who requests
an additional drug screening at a different drug testing facility shall be
required to pay the cost of drug screening.
(3) The provisions of this subsection shall not apply to any individual
who is a registered patient pursuant to section 8, and amendments thereto,
for activities authorized by the medical cannabis regulation act, section 1
et seq., and amendments thereto.
(u) If the individual was found not to have a disqualifying
adjudication or conviction under K.S.A. 39-970 or 65-5117, and
amendments thereto, was hired and then was subsequently convicted of a
disqualifying felony under K.S.A. 39-970 or 65-5117, and amendments
thereto, and discharged pursuant to K.S.A. 39-970 or 65-5117, and
amendments thereto. The disqualification shall begin the day following the
separation and shall continue until after the individual becomes
reemployed and has had earnings from insured work of at least three times
the individual's determined weekly benefit amount.
(v) Notwithstanding the provisions of any subsection, an individual
shall not be disqualified for such week of part-time employment in a
substitute capacity for an educational institution if such individual's most
recent employment prior to the individual's benefit year begin date was for
a non-educational institution and such individual demonstrates application
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 99
for work in such individual's customary occupation or for work for which
the individual is reasonably fitted by training or experience.
Sec. 74. K.S.A. 44-1009 is hereby amended to read as follows: 44-
1009. (a) It shall be an unlawful employment practice:
(1) For an employer, because of the race, religion, color, sex,
disability, national origin or ancestry of any person to refuse to hire or
employ such person to bar or discharge such person from employment or
to otherwise discriminate against such person in compensation or in terms,
conditions or privileges of employment; to limit, segregate, separate,
classify or make any distinction in regards to employees; or to follow any
employment procedure or practice which, in fact, results in discrimination,
segregation or separation without a valid business necessity.
(2) For a labor organization, because of the race, religion, color, sex,
disability, national origin or ancestry of any person, to exclude or to expel
from its membership such person or to discriminate in any way against any
of its members or against any employer or any person employed by an
employer.
(3) For any employer, employment agency or labor organization to
print or circulate or cause to be printed or circulated any statement,
advertisement or publication, or to use any form of application for
employment or membership or to make any inquiry in connection with
prospective employment or membership, which expresses, directly or
indirectly, any limitation, specification or discrimination as to race,
religion, color, sex, disability, national origin or ancestry, or any intent to
make any such limitation, specification or discrimination, unless based on
a bona fide occupational qualification.
(4) For any employer, employment agency or labor organization to
discharge, expel or otherwise discriminate against any person because such
person has opposed any practices or acts forbidden under this act or
because such person has filed a complaint, testified or assisted in any
proceeding under this act.
(5) For an employment agency to refuse to list and properly classify
for employment or to refuse to refer any person for employment or
otherwise discriminate against any person because of such person's race,
religion, color, sex, disability, national origin or ancestry; or to comply
with a request from an employer for a referral of applicants for
employment if the request expresses, either directly or indirectly, any
limitation, specification or discrimination as to race, religion, color, sex,
disability, national origin or ancestry.
(6) For an employer, labor organization, employment agency, or
school which provides, coordinates or controls apprenticeship, on-the-job,
or other training or retraining program, to maintain a practice of
discrimination, segregation or separation because of race, religion, color,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 100
sex, disability, national origin or ancestry, in admission, hiring,
assignments, upgrading, transfers, promotion, layoff, dismissal,
apprenticeship or other training or retraining program, or in any other
terms, conditions or privileges of employment, membership,
apprenticeship or training; or to follow any policy or procedure which, in
fact, results in such practices without a valid business motive.
(7) For any person, whether an employer or an employee or not, to
aid, abet, incite, compel or coerce the doing of any of the acts forbidden
under this act, or attempt to do so.
(8) For an employer, labor organization, employment agency or joint
labor-management committee to:
(A) Limit, segregate or classify a job applicant or employee in a way
that adversely affects the opportunities or status of such applicant or
employee because of the disability of such applicant or employee;
(B) participate in a contractual or other arrangement or relationship,
including a relationship with an employment or referral agency, labor
union, an organization providing fringe benefits to an employee or an
organization providing training and apprenticeship programs that has the
effect of subjecting a qualified applicant or employee with a disability to
the discrimination prohibited by this act;
(C) utilize standards criteria, or methods of administration that have
the effect of discrimination on the basis of disability or that perpetuate the
discrimination of others who are subject to common administrative
control;
(D) exclude or otherwise deny equal jobs or benefits to a qualified
individual because of the known disability of an individual with whom the
qualified individual is known to have a relationship or association;
(E) not make reasonable accommodations to the known physical or
mental limitations of an otherwise qualified individual with a disability
who is an applicant or employee, unless such employer, labor organization,
employment agency or joint labor-management committee can
demonstrate that the accommodation would impose an undue hardship on
the operation of the business thereof;
(F) deny employment opportunities to a job applicant or employee
who is an otherwise qualified individual with a disability, if such denial is
based on the need to make reasonable accommodation to the physical or
mental impairments of the employee or applicant;
(G) use qualification standards, employment tests or other selection
criteria that screen out or tend to screen out an individual with a disability
or a class of individuals with disabilities unless the standard, test or other
selection criteria, as used, is shown to be job-related for the position in
question and is consistent with business necessity; or
(H) fail to select and administer tests concerning employment in the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 101
most effective manner to ensure that, when such test is administered to a
job applicant or employee who has a disability that impairs sensory,
manual or speaking skills, the test results accurately reflect the skills,
aptitude or whatever other factor of such applicant or employee that such
test purports to measure, rather than reflecting the impaired sensory,
manual or speaking skills of such employee or applicant (, except where
such skills are the factors that the test purports to measure).
(9) For any employer to:
(A) Seek to obtain, to obtain or to use genetic screening or testing
information of an employee or a prospective employee to distinguish
between or discriminate against or restrict any right or benefit otherwise
due or available to an employee or a prospective employee; or
(B) subject, directly or indirectly, any employee or prospective
employee to any genetic screening or test.
(10) (A) For an employer, because a person is a registered patient or
caregiver pursuant to section 8, and amendments thereto, or possesses or
uses medical cannabis in accordance with the medical cannabis
regulation act, section 1 et seq., and amendments thereto, to:
(i) Refuse to hire or employ a person;
(ii) bar or discharge such person from employment; or
(iii) otherwise discriminate against such person in compensation or
in terms, conditions or privileges of employment without a valid business
necessity.
(B) For a labor organization, because a person is a registered patient
or caregiver pursuant to section 8, and amendments thereto, or possesses
or uses medical cannabis in accordance with the medical cannabis
regulation act, section 1 et seq., and amendments thereto, to exclude or
expel such person from its membership.
(C) Nothing in this paragraph shall be construed to prohibit a person
from taking any action necessary to procure or retain any monetary
benefit provided under federal law, or any rules and regulations adopted
thereunder, or to obtain or maintain any license, certificate, registration
or other legal status issued or bestowed under federal law, or any rules
and regulations adopted thereunder.
(D) Nothing in this paragraph shall be construed to provide a cause
of action against an employer for wrongful discharge or discrimination for
any unlawful act involving cannabis.
(b) It shall not be an unlawful employment practice to fill vacancies
in such way as to eliminate or reduce imbalance with respect to race,
religion, color, sex, disability, national origin or ancestry.
(c) It shall be an unlawful discriminatory practice:
(1) For any person, as defined herein being the owner, operator,
lessee, manager, agent or employee of any place of public accommodation
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 102
to refuse, deny or make a distinction, directly or indirectly, in offering its
goods, services, facilities, and accommodations to any person as covered
by this act because of race, religion, color, sex, disability, national origin or
ancestry, except where a distinction because of sex is necessary because of
the intrinsic nature of such accommodation.
(2) For any person, whether or not specifically enjoined from
discriminating under any provisions of this act, to aid, abet, incite, compel
or coerce the doing of any of the acts forbidden under this act, or to
attempt to do so.
(3) For any person, to refuse, deny, make a distinction, directly or
indirectly, or discriminate in any way against persons because of the race,
religion, color, sex, disability, national origin or ancestry of such persons
in the full and equal use and enjoyment of the services, facilities,
privileges and advantages of any institution, department or agency of the
state of Kansas or any political subdivision or municipality thereof.
Sec. 75. K.S.A. 44-1015 is hereby amended to read as follows: 44-
1015. As used in this act, unless the context otherwise requires:
(a) "Commission" means the Kansas human rights commission.
(b) "Real property" means and includes:
(1) All vacant or unimproved land; and
(2) any building or structure which that is occupied or designed or
intended for occupancy, or any building or structure having a portion
thereof which that is occupied or designed or intended for occupancy.
(c) "Family" includes a single individual.
(d) "Person" means an individual, corporation, partnership,
association, labor organization, legal representative, mutual company,
joint-stock company, trust, unincorporated organization, trustee, trustee in
bankruptcy, receiver and fiduciary.
(e) "To rent" means to lease, to sublease, to let and otherwise to grant
for a consideration the right to occupy premises not owned by the
occupant.
(f) "Discriminatory housing practice" means any act that is unlawful
under K.S.A. 44-1016, 44-1017 or 44-1026, and amendments thereto, or
section 56, and amendments thereto.
(g) "Person aggrieved" means any person who claims to have been
injured by a discriminatory housing practice or believes that such person
will be injured by a discriminatory housing practice that is about to occur.
(h) "Disability" has the meaning provided by means the same as
defined in K.S.A. 44-1002, and amendments thereto.
(i) "Familial status" means having one or more individuals less than
18 years of age domiciled with:
(1) A parent or another person having legal custody of such
individual or individuals; or
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2417 103
(2) the designee of such parent or other person having such custody,
with the written permission of such parent or other person.
Sec. 76. K.S.A. 79-5201 is hereby amended to read as follows: 79-
5201. As used in this act article 52 of chapter 79 of the Kansas Statutes
Annotated, and amendments thereto:
(a) "Marijuana" means any marijuana, whether real or counterfeit, as
defined by K.S.A. 2022 Supp. 21-5701, and amendments thereto, which is
held, possessed, transported, transferred, sold or offered to be sold in
violation of the laws of Kansas;
(b) "Controlled substance" means any drug or substance, whether real
or counterfeit, as defined by K.S.A. 2022 Supp. 21-5701, and amendments
thereto, which that is held, possessed, transported, transferred, sold or
offered to be sold in violation of the laws of Kansas. Such term shall not
include marijuana;
(c)(b) "dealer" means any person who, in violation of Kansas law,
manufactures, produces, ships, transports or imports into Kansas or in any
manner acquires or possesses more than 28 grams of marijuana, or more
than one gram of any controlled substance, or 10 or more dosage units of
any controlled substance which that is not sold by weight;
(d)(c) "domestic marijuana plant" means any cannabis plant at any
level of growth which that is harvested or tended, manicured, irrigated,
fertilized or where there is other evidence that it has been treated in any
other way in an effort to enhance growth.;
(d) "marijuana" means any marijuana, whether real or counterfeit,
as defined in K.S.A. 2022 Supp. 21-5701, and amendments thereto, that is
held, possessed, transported, transferred, sold or offered for sale in
violation of the laws of Kansas; and
(e) "medical cannabis" means the same as defined in section 2, and
amendments thereto.
Sec. 77. K.S.A. 79-5210 is hereby amended to read as follows: 79-
5210. Nothing in this act requires persons registered under article 16 of
chapter 65 of the Kansas Statutes Annotated, and amendments thereto, or
otherwise lawfully in possession of marijuana, medical cannabis or a
controlled substance to pay the tax required under this act.
Sec. 78. K.S.A. 38-2269, 41-201, 44-501, 44-706, 44-1009, 44-1015,
79-5201 and 79-5210 and K.S.A. 2022 Supp. 19-101a, 21-5703, 21-5705,
21-5706, 21-5707, 21-5709, 21-5710, 21-6607, 22-3717 and 23-3201 are
hereby repealed.
Sec. 79. This act shall take effect and be in force from and after its
publication in the statute book.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40