Kansas Senate Bill SB310 Introduced / Bill

                    Session of 2023
SENATE BILL No. 310
By Committee on Federal and State Affairs
3-13
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 
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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.
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(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 
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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.
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(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 
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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
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(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:
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(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 
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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.
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(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.
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(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.
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(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 
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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 
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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 
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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.
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(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.
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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;
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(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 
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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 
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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.
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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;
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(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.
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(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 
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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 
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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 
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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.
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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 
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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 
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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 
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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 
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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 
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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 
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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.
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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:
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(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 
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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 
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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:
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(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 
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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, 
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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.
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(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, 
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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, 
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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
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(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 
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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 
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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;
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(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.
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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 – 
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 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.
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(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-
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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 
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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.
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(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:
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(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.
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(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 
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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):
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(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 
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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 
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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 
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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;
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(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 
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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;
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(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;
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(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-
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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 
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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 
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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 
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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 
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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, 
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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 
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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 
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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 
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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 
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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 
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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 
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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 
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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 
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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 
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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 
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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;
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(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
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Cocaine metabolite
2
..................................................................150
Opiates:
Morphine .............................................................................2000
Codeine ...............................................................................2000
6-Acetylmorphine
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..................................................................10 ng/ml
Phencyclidine ...........................................................................25
Amphetamines:
Amphetamine ......................................................................500
Methamphetamine
34 
.............................................................500
1
Delta-9-tetrahydrocannabinol-9-carboxylic acid.
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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
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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 
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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 
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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;
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(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 
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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;
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(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 
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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 
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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 
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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 
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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 
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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: 
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(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 
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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 
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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 
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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 
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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 
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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 
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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, 
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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 
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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 
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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
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(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.
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