Session of 2024
SENATE BILL No. 555
By Committee on Federal and State Affairs
3-18
AN ACT concerning health and healthcare; relating to medical cannabis;
creating the medical cannabis pilot program act; authorizing the
secretary of health and environment to enter into contracts for the
limited cultivation, processing and distribution of medical cannabis for
patient use upon a physician's recommendation; imposing terms and
conditions for such contracts; establishing requirements for physician
certifications recommending medical cannabis use; levying an excise
tax on the retail sale of medical cannabis; establishing the medical
cannabis refund fund and the medical cannabis research and education
fund; creating the crime of unlawful storage of medical cannabis;
making exceptions to the crimes of unlawful manufacture and
possession of controlled substances; amending K.S.A. 21-5703, 21-
5705, 21-5706, 21-5707, 21-5709, 21-5710, 23-3201, 38-2269, 44-501,
79-5201 and 79-5210 and K.S.A. 2023 Supp. 65-1120 and 65-28b08
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 27, and
amendments thereto, shall be known and may be cited as the medical
cannabis pilot program act.
New Sec. 2. As used in the medical cannabis pilot program act,
section 1 et seq., and amendments thereto:
(a) "Academic medical center" means a medical school and its
affiliated teaching hospitals and clinics.
(b) "Cannabinoid" means any of the chemical compounds that are
produced naturally in the plant cannabis sativa that can bind on the
cannabinoid receptors in cells.
(c) (1) "Cannabis" means the plant cannabis sativa and all parts
thereof, whether growing or not, including the seeds, the resin extracted
from any part of the plant and any compound, manufacture, salt,
derivative, mixture or preparation of the plant, its seeds or resin.
(2) "Cannabis" does not include:
(A) (i) The mature stalks of the plant;
(ii) fiber produced from mature stalks;
(iii) oil or cake made from the seeds of the plant;
(iv) any other compound, manufacture, salt, derivative, mixture or
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preparation of the mature stalks, fiber, oil or cake, except the resin
extracted from the mature stalks; or
(v) 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.
(d) "Caregiver" means an individual designated on a medical
cannabis certificate who is authorized to purchase and possess medical
cannabis on behalf of a patient named in such medical cannabis certificate.
(e) "Cultivate" means the same as defined in K.S.A. 65-4101, and
amendments thereto.
(f) "Dispense" or "dispensing" means to sell or deliver medical
cannabis or medical cannabis products to a patient or caregiver, including
the packaging and labeling required for such delivery.
(g) "Distribution hub" means a premises owned and operated by a
medical cannabis operator or a pharmacy for the storage, distribution, sale
and delivery of medical cannabis and medical cannabis products to
patients and caregivers.
(h) "Medical cannabis" means cannabis that is cultivated, processed,
tested, dispensed, possessed or used for a medical purpose.
(i) "Medical cannabis certificate" means a document issued by a
physician pursuant to section 20, and amendments thereto, recommending
the use of medical cannabis by the patient named in such document.
(j) "Medical cannabis operator" or "operator" means a person who
cultivates, processes, stores, distributes, sells and delivers medical
cannabis and medical cannabis products in accordance with a contract with
the secretary pursuant to section 4, and amendments thereto.
(k) "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 patient.
(l) "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 of cannabis sativa, including dead plants
and all unused plant parts and roots; and
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(4) any wastewater generated during cultivation and processing.
(m) "Patient" means an individual who possesses a medical cannabis
certificate authorizing such individual to purchase, possess and consume
medical cannabis or medical cannabis products in accordance with this act.
(n) "Person" means any natural person, corporation, limited liability
company, limited company, partnership or limited partnership.
(o) "Pharmacy" means a premises or other site that employs one or
more licensed pharmacists, as defined in K.S.A. 65-1626, and amendments
thereto, to dispense drugs that are offered for sale and that is registered
pursuant to K.S.A. 65-1643, and amendments thereto.
(p) "Physician" means an individual licensed to practice medicine and
surgery in this state.
(q) "Plant" means the plant cannabis sativa produced from a clone or
seed.
(r) (1) "Plant material" means the leaves, stems, buds and flowers of
the plant cannabis sativa.
(2) "Plant material" does not include seedlings, seeds, clones, stalks
or roots of the plant or the weight of any non-cannabis ingredients
combined with cannabis.
(s) "Postsecondary educational institution" means the same as defined
in K.S.A. 74-3201b, and amendments thereto.
(t) "Process" or "processing" means the extraction of cannabinoids
from medical cannabis for the production of medical cannabis products.
(u) "Qualifying medical condition" means any of the following:
(1) Acquired immune deficiency syndrome;
(2) amyotrophic lateral sclerosis;
(3) autism;
(4) cancer;
(5) chronic traumatic encephalopathy;
(6) Crohn's disease;
(7) epilepsy or another seizure disorder;
(8) fibromyalgia;
(9) multiple sclerosis;
(10) Parkinson's disease;
(11) post-traumatic stress disorder;
(12) sickle cell anemia;
(13) spinal cord disease or injury;
(14) traumatic brain injury;
(15) ulcerative colitis; or
(16) pain that is either chronic and severe or intractable.
(v) "Secretary" means the secretary of health and environment.
(w) "Smoking" means the act of consuming cannabis through
combustion and inhalation.
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(x) "State contracted laboratory" means a laboratory that has entered
into a contract with the secretary pursuant to section 7, and amendments
thereto.
(y) "Tetrahydrocannabinol" or "THC" means the primary
psychoactive cannabinoid in cannabis.
(z) "Tetrahydrocannabinol content" means the sum of the amount of
tetrahydrocannabinol and 87.7% of the amount of tetrahydrocannabinolic
acid present in the product.
(aa) "Tetrahydrocannabinolic acid" means the acidic form of THC.
(bb) "Vaporization" means consumption of medical cannabis products
through inhalation of vaporized products.
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 pilot program act
or the commercial industrial hemp act, K.S.A. 2-3901 et seq., and
amendments thereto.
(b) Nothing in the medical cannabis pilot program 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) require any public place to accommodate a patient's use of
medical cannabis;
(5) prohibit any public place from accommodating a patient's use of
medical cannabis; or
(6) 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
institutional review board or equivalent entity.
New Sec. 4. (a) There is hereby established the medical cannabis
pilot program to be administered by the secretary of health and
environment.
(b) The secretary may enter into contracts with medical cannabis
operators for the cultivation and processing of medical cannabis and
medical cannabis products in this state. Each contract shall contain such
terms and conditions as required by this act and such other terms and
conditions as may be required and negotiated by the secretary. No term or
condition of any such contract shall conflict, either directly or indirectly,
with the provisions of this act. Each contract shall expire on or before July
1, 2029.
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(c) The secretary shall not enter into a contract pursuant to subsection
(b) with more than four medical cannabis operators at any one time. For
the privilege of being a medical cannabis operator, each medical cannabis
operator shall agree to pay the secretary an annual amount of not less than
$50,000.
(d) Each contract shall permit the medical cannabis operator to
commence operations in accordance with this act on July 1, 2024, or as
soon thereafter as the facilities of such medical cannabis operator used for
the cultivation or processing of medical cannabis and medical cannabis
products are deemed compliant with the provisions of this act by the
secretary.
(e) No contract shall be assignable except as mutually agreed to by
the medical cannabis operator and the secretary. Any assignee shall satisfy
the requirements of section 5, and amendments thereto, prior to the
execution of any agreement to assign such contract.
(f) If the secretary finds that a medical cannabis operator is in breach
of any provision of the contract or in violation of any provision of this act,
the secretary shall provide written notice of such breach or violation to
such medical cannabis operator. The medical cannabis operator shall have
30 days from the receipt of such written notice to remedy the breach or
violation, unless the written notice provides a longer period of time or the
parties to the contract agree to a longer period of time. If the medical
cannabis operator fails to remedy a breach or violation within the specified
period of time, the secretary may terminate such contract.
New Sec. 5. (a) All persons, if individuals, contracting with the
secretary pursuant to section 4, and amendments thereto, and all members,
partners, directors, managers, shareholders and officers of any other person
shall:
(1) Be a citizen of the United States;
(2) have not been convicted of a felony under the laws of this state,
any other state or the United States;
(3) be at least 21 years of age;
(4) not intend to carry on the authorized business activities or conduct
such business activities on behalf of or for the primary benefit of another
person who does not satisfy the requirements of this section;
(5) own or lease the premises on which the authorized business
activities will be conducted; and
(6) have been a resident of this state since July 1, 2021, except if the
person is a business entity, then not less than 80% of the total equity of
such business entity shall be held by individuals who have been a resident
of this state since July 1, 2021.
(b) At least one director, manager or officer of a business entity
contracting with the secretary pursuant to section 4, and amendments
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thereto, shall have held a license as a hemp producer under the commercial
industrial hemp act, K.S.A. 2-3901 et seq., and amendments thereto, for
two years immediately prior to the execution of such contract. Such
individual shall also have served as a director, manager or officer of such
business entity during the same two-year period.
(c) All persons contracting with the secretary pursuant to section 4,
and amendments thereto, who are not individuals shall provide to the
secretary:
(1) A certificate of good standing;
(2) a copy of such person's bylaws, operating agreement or other
document providing for the governance of such person; and
(3) a certified document indicating:
(A) Each individual who holds an ownership interest in such person
and each individual who holds an ownership interest in any business entity
that holds an ownership interest in such person;
(B) the percentage of ownership interest of each such individual or
business entity; and
(C) the residential address of each such individual.
(d) Any contract entered into pursuant to section 4, and amendments
thereto, shall prohibit:
(A) Any compensation, fee, expense or similarly characterized non-
equity 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
the operation of business activities by a medical cannabis operator,
including, but not limited to, profit-based consulting fees and percentage
rent payments;
(B) any convertible notes or other non-equity instruments used to
finance the authorized business activities of a medical cannabis operator if
the beneficiary of any such instrument is domiciled outside of this state;
and
(C) distributions by an operator to any person domiciled outside of
this state that exceed such recipient's pro rata share of the net profits
earned by a medical cannabis operator based on the recipient's ownership
interest in such medical cannabis operator. Each operator shall disclose to
the secretary any financial instrument, equity or distribution structure that
provides for the distribution of moneys by such operator to persons
domiciled, incorporated or otherwise organized outside of this state.
New Sec. 6. (a) Each medical cannabis operator may operate one or
more facilities for the cultivation of medical cannabis. Such facilities may
be contiguous to each other or located on separate parcels of real property.
A medical cannabis operator shall only:
(1) Cultivate and harvest medical cannabis flower in facilities that are
completely enclosed and windowless;
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(2) conduct cultivation activities in such facilities on an aggregate of
25,000 square feet of floor area for mature, flowering cannabis plants.
Such floor area limitation shall not apply to any areas that do not contain
mature, flowering cannabis plants, including areas containing mother
plants, vegetative plants, clones or seedlings; and
(3) use single horizontal tiers for mature, flowering plants when
cultivating medical cannabis.
(b) Each medical cannabis operator may operate one or more
facilities for the processing of medical cannabis into medical cannabis
products. A medical cannabis operator shall only:
(1) Process medical cannabis in a secure, completely enclosed
facility;
(2) use extraction methods that do not involve any high-pressure
systems, potentially explosive systems or non-water or non-oil solvents,
including, but not limited to, butane, propane, ethanol or carbon dioxide;
and
(3) produce only those medical cannabis products that are permitted
for dispensing under section 12, and amendments thereto.
(c) A medical cannabis operator may commence cultivation activities
prior to the execution of a contract pursuant to section 4, and amendments
thereto, if the secretary issues a letter of intent to enter into a contract with
such medical cannabis operator. Such letter of intent shall specify the
medical cannabis operator the secretary intends to enter into a contract
with, the facility premises that may commence cultivation activities prior
to the execution of such contract and the date certain on which such
cultivation activities shall cease if no contract has been executed as of such
date. If a contract has not been executed prior to the date specified in the
letter of intent, such medical cannabis operator shall cease cultivation
activities until a contract is executed between such medical cannabis
operator and the secretary.
(d) A medical cannabis operator may contract with a person licensed
as a hemp processor under the commercial industrial hemp act, K.S.A. 2-
3901 et seq., and amendments thereto, to process medical cannabis into
medical cannabis products. All medical cannabis products produced
pursuant to such contract shall be subject to the testing provisions of
section 7, and amendments thereto, and the tracking requirements of
section 14, and amendments thereto.
(e) Each medical cannabis operator shall have an agreement with a
qualified company that performs audits of industrial safety practices and
hygiene measures. Prior to the commencement of operations, each facility
shall be determined compliant with minimum safety standards in hazard
communication, respiratory protection and emergency action planning.
(f) No medical cannabis or medical cannabis products shall be
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cultivated or processed by a medical cannabis operator for personal use by
any member, partner, director, manager, officer, shareholder or employee
of such medical cannabis operator, or any family member or other
individual residing in the household of such member, partner, director,
manager, officer, shareholder or employee.
New Sec. 7. (a) No batch of medical cannabis or medical cannabis
products shall be sold unless a sample from such batch has been tested and
certified for use or consumption by the state contracted laboratory. Each
contract shall specify batch size, testing and certification requirements and
the identity of the state contracted laboratory. The batch size for medical
cannabis shall not be more than 10 pounds and the batch size for medical
cannabis products shall not be more than five liters or the equivalent of
such amount.
(b) The secretary shall enter into a contract with a laboratory for the
purpose of conducting compliance and quality assurance testing of
medical cannabis and medical cannabis products produced by medical
cannabis operators. The state contracted laboratory shall:
(1) At the time of execution of the contract with the secretary, operate
a laboratory in another state that tests cannabis and that holds an ISO
17025 accreditation;
(2) not be owned, in whole or in part, by any person who is a medical
cannabis operator or who has any ownership interest in a medical cannabis
operator;
(3) not have any member of its board of directors who is a medical
cannabis operator or who has any ownership interest in a medical cannabis
operator; and
(4) not employ any individual or any spouse, parent, child, sibling or
spouse of a child or sibling who is a medical cannabis operator or who has
any ownership interest in a medical cannabis operator.
(c) The state contracted laboratory shall develop testing standards and
procedures in consultation with the secretary. Such standards and
procedures shall include, but are not limited to, the following:
(1) The cleanliness and orderliness of the laboratory premises;
(2) the inspection, cleaning and maintenance of equipment and tools
used for the analysis of test samples;
(3) testing standards and procedures for cannabinoid potency,
terpene profiles and safe levels of contaminants;
(4) the methods for obtaining test samples and implementing an
inventory tracking system to ensure a secure chain of custody;
(5) controlled access areas for storage of medical cannabis and
medical cannabis product test samples, waste and reference standards;
(6) the establishment of a system to record and maintain all required
testing and analysis information, including test results, business records
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43 SB 555 9
and operating processes;
(7) the possession, storage and use of reagents, solutions and
reference standards;
(8) the issuance of a certificate of analysis for each tested batch;
(9) the transport and disposal of unused medical cannabis, medical
cannabis products and waste;
(10) employment records and logs of laboratory personnel;
(11) a written standard operating procedure manual that is regularly
maintained and updated; and
(12) procedures for the immediate recall of medical cannabis or
medical cannabis products that are determined to be unsafe.
(d) Testing standards developed by the state contracted laboratory
shall establish compliance thresholds for each of the following categories:
(1) Microbials;
(2) mycotoxins;
(3) residual solvents;
(4) pesticides;
(5) moisture content; and
(6) heavy metals.
(e) All batches of medical cannabis or medical cannabis product that
are determined to be noncompliant with the testing thresholds shall be
either remediated or destroyed by the medical cannabis operator who
submitted the test sample for such batch. The state contracted laboratory
shall provide guidance on the method of remediation for noncompliant
batches. All remediated batches shall be resubmitted for testing to ensure
compliance after remediation has been completed.
(f) The state contracted laboratory shall also test the cannabinoid
content, terpene profile and tetrahydrocannabinol content of all batches.
(g) The state contracted laboratory may charge medical cannabis
operators for the testing services required under this act.
(h) On or before June 30, 2025, and each June 30 thereafter, the state
contracted laboratory shall submit a report to the secretary containing the
following information for the immediately preceding 12 months:
(1) The total amount of medical cannabis and medical cannabis
products tested, and the percentage certified as satisfying the requirements
for use and consumption;
(2) laboratory testing standards and procedures used and a description
of the relative success of such standards and procedures;
(3) a description of the relative success of the laboratory standards
and testing requirements required under the medical cannabis pilot
program; and
(4) any recommendations regarding any of the requirements of this
act that would improve the medical cannabis pilot program and any
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subsequent medical cannabis programs.
New Sec. 8. (a) (1) The secretary may enter into a contract with one
or more pharmacies to operate a distribution hub for the purpose of
dispensing medical cannabis and medical cannabis products in this state.
Each contract shall contain such terms and conditions as required by this
act and such other terms and conditions as may be required and negotiated
by the secretary. No term or condition of any such contract shall conflict,
either directly or indirectly, with the provisions of this act. Each contract
shall expire on or before July 1, 2029.
(2) For the privilege of operating a distribution hub, each pharmacy
shall agree to pay the secretary an annual amount of not less than $500.
(3) No contract shall be assignable except as mutually agreed to by
the pharmacy and the secretary.
(4) If the secretary finds that a pharmacy is in breach of any provision
of the contract or in violation of any provision of this act, the secretary
shall provide written notice of such breach or violation to such pharmacy.
The pharmacy shall have 30 days from the receipt of such written notice to
remedy the breach or violation unless the written notice provides a longer
period of time or the parties to the contract agree to a longer period of
time. If the pharmacy fails to remedy a breach or violation within the
specified period of time, the secretary may terminate such contract.
(b) On or before September 1, 2024, the secretary shall determine if
pharmacies are precluded from operating distribution hubs by federal law
or regulations. If the secretary determines that pharmacies are precluded
from operating distribution hubs, the secretary may enter into contracts
with one or more medical cannabis operators for the operation of
distribution hubs. A medical cannabis operator shall not operate more than
seven distribution hubs. The provisions of section 4, and amendments
thereto, shall apply to any contract entered into between the secretary and
a medical cannabis operator pursuant to this section.
(c) Each distribution hub may obtain medical cannabis and medical
cannabis products from one or more medical cannabis operators, including
the operator that owns and operates such distribution hub. A distribution
hub may sell and deliver medical cannabis and medical cannabis products
to patients and caregivers in accordance with subsection (b).
(d) When selling or delivering medical cannabis and medical
cannabis products the distribution hub shall:
(1) Dispense medical cannabis and medical cannabis products only to
a patient or caregiver who provides a valid medical cannabis certificate
and a valid driver's license, state-issued nondriver's identification card or
other government-issued photo identification card;
(2) verify that the patient or caregiver purchasing the medical
cannabis or medical cannabis products is the individual named on the
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medical cannabis certificate by using the valid photo identification
provided;
(3) ensure that the medical cannabis certificate submitted for such
patient or caregiver by such patient's physician matches the certificate
provided by such patient or caregiver;
(4) create and maintain records of all sales, including the type of
medical cannabis or medical cannabis product sold, the amount thereof,
date of sale and the name of the patient or caregiver to whom it was sold;
and
(5) comply with the packaging and labeling requirements of section
12, and amendments thereto.
(e) When verifying the validity of a medical cannabis certificate that
designates a caregiver, the caregiver and the patient shall both be
physically present at the time of verification and both shall provide the
required photo identification. All verified medical cannabis certificates
shall be maintained by the distribution hub either in physical or electronic
form.
(f) Each distribution hub shall take reasonable measures to prevent
the public disclosure of any information contained on a medical cannabis
certificate or photo identification, except as required by this act or court
order.
(g) (1) All sales of medical cannabis and medical cannabis products
shall require the patient or caregiver to order such medical cannabis or
medical cannabis products and complete payment prior to receiving such
medical cannabis or medical cannabis products at the distribution hub or
by delivery. Each patient or caregiver shall establish an account with a
distribution hub for the purpose of completing payment for medical
cannabis or medical cannabis products. A patient or caregiver account shall
be funded by a transfer of funds through a bank transfer, automated
clearing house transfer or debit transaction. Funds transferred to a patient
or caregiver account shall be nonrefundable.
(2) No medical cannabis or medical cannabis products shall be
purchased with cash or a credit card.
(3) Distribution hubs shall ensure that all patient and caregiver
financial account information is kept secure and confidential.
(h) No sale of medical cannabis or medical cannabis products shall
exceed the amount allowed under section 22, and amendments thereto.
(i) Each distribution hub shall take reasonable measures to prevent
diversion or theft of medical cannabis and medical cannabis products from
any distribution hub or vehicle used for delivery that is operated by such
distribution hub.
New Sec. 9. (a) A distribution hub may transport and deliver medical
cannabis and medical cannabis products from the premises of such
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distribution hub to patients and caregivers. The medical cannabis operator
or pharmacy shall conduct a criminal history background check on all
individuals who transport or deliver medical cannabis or medical cannabis
products on behalf of such distribution hub. No individual who has been
convicted of a felony shall transport or deliver medical cannabis or
medical cannabis products.
(b) All vehicles used for the transportation of medical cannabis or
medical cannabis products shall have GPS tracking, a dashboard camera
and a camera covering all areas containing medical cannabis or medical
cannabis products within such vehicle. Such vehicle cameras shall record
activity any time such vehicle is being loaded with medical cannabis or
medical cannabis products or is located outside the premises of a
distribution hub.
(c) A distribution hub may contract with one or more delivery service
providers for the purpose of delivering medical cannabis and medical
cannabis products to patients and caregivers. Such delivery service
providers shall comply with applicable provisions of this act relating to the
delivery of medical cannabis and medical cannabis products, vehicles used
for such deliveries and individuals making such deliveries. The
distribution hub shall be responsible for ensuring such compliance.
(d) A distribution hub may sell products that are reasonably necessary
for patients to consume medical cannabis and medical cannabis products
in accordance with this act. The sale of pipes, water pipes or other
paraphernalia utilized for the smoking of cannabis, tobacco or other
smokable products shall be prohibited.
New Sec. 10. Each distribution hub shall collaborate with the
secretary in the collection of patient data through voluntary surveys
completed by patients. Data collected via such surveys shall be collected
by distribution hubs and may be used by the secretary for the purpose of
studying medical cannabis. Such survey results shall be collected and
compiled in a manner that protects against disclosure of patient identities.
Distribution hubs shall provide patients and caregivers the option to
participate in such surveys at such times that the patient or caregiver is
receiving medical cannabis or medical cannabis products from the
distribution hub.
New Sec. 11. (a) On or before June 30, 2025, and each June 30
thereafter, each medical cannabis operator shall submit a report to the
secretary for each facility used for the cultivation or processing of medical
cannabis by such operator. Each report shall contain the following
information for the immediately preceding 12 months:
(1) The total amount of medical cannabis cultivated and harvested;
(2) the total amount of medical cannabis processed into medical
cannabis products;
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(3) a description of the cultivation and processing procedures used
and the relative effectiveness of such procedures;
(4) a description of the impact the requirements of this act had on the
business operations of the medical cannabis operator under the medical
cannabis pilot program; and
(5) any recommendations regarding any of the requirements of this
act that would improve the medical cannabis pilot program or any
subsequent medical cannabis program.
(b) On or before June 30, 2025, and each June 30 thereafter, each
distribution hub shall submit a report to the secretary. Each report shall
contain the following information for the immediately preceding 12
months:
(1) The total amount of medical cannabis and medical cannabis
products sold to patients and caregivers and the portion of such amount
that was provided in person at a distribution hub and that was delivered;
(2) a description of the operating procedures used in the storage,
transportation, sale and delivery of medical cannabis and medical cannabis
products to patients and caregivers;
(3) a description of the impact the requirements of this act had on the
business operations of the distribution hub under the medical cannabis
pilot program; and
(4) any recommendations regarding any of the requirements of this
act that would improve the medical cannabis pilot program or any
subsequent medical cannabis program.
New Sec. 12. (a) Only the following forms of medical cannabis may
be dispensed under the medical cannabis pilot program:
(1) Medical cannabis flower;
(2) pills or tablets;
(3) tinctures;
(4) patches; or
(5) ointments.
(b) The smoking, combustion or vaporization of medical cannabis or
medical cannabis products is prohibited. The inhalation of vapors released
by the non-combustive heating of cannabis flower shall not be considered
smoking or vaporization.
(c) Medical cannabis shall not contain a tetrahydrocannabinol content
in excess of 35%. Any medical cannabis having more than such amount of
THC shall be processed into medical cannabis products or destroyed.
(d) All medical cannabis and medical cannabis products sold to
patients and caregivers shall:
(1) Be contained in tamper-proof and child-resistant packaging; and
(2) have an attached label displaying:
(A) The patient's name, and, if applicable, the caregiver's name;
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(B) the date of purchase;
(C) the name and address of the medical cannabis operator that
produced the medical cannabis or medical cannabis product and the name,
address and phone number of the distribution hub that sold such medical
cannabis or medical cannabis product;
(D) the directions for use and the date on which the medical cannabis
or medical cannabis product was packaged;
(E) the tetrahydrocannabinol content contained in each serving if it is
a medical cannabis product, or as a percentage by weight if it is medical
cannabis; and
(F) a statement that reads "Medical cannabis use is not recommended
for women who are pregnant."; and
(G) a statement that reads "DO NOT OPEN THIS BAG WHILE IN
TRANSIT. It is illegal to possess medical cannabis or medical cannabis
products outside of this sealed bag while inside any motor vehicle,
watercraft or aircraft."
New Sec. 13. (a) No signage, including any advertisements for
medical cannabis or medical cannabis products, shall be visible from the
exterior of any facility of a medical cannabis operator used for cultivation
or processing.
(b) No medical cannabis operator shall advertise the sale, possession
or use of medical cannabis or medical cannabis products through
television, radio, billboards, portable signage or other broadcast media,
except advertisements for medical cannabis or medical cannabis products
may be published via the internet. Advertisements permitted under this
section, including any advertisements published by a distribution hub,
shall not contain any:
(1) Representation or suggestion that any medical cannabis or
medical cannabis product is an effective treatment for any illness, disease,
adverse condition or malady, whether such illness, disease, condition or
malady is a qualifying medical condition;
(2) representation or suggestion that a medical cannabis brand or
product is more effective or safer than other drugs or treatments, including
other medical cannabis brands or products;
(3) statement that is false or misleading or is otherwise in violation of
the Kansas consumer protection act;
(4) statement that falsely disparages a competitor's products;
(5) statement, design, representation, picture or illustration that:
(A) Is obscene or indecent;
(B) encourages or represents the use of cannabis or cannabis products
for any purpose other than for treating a qualifying medical condition; or
(C) portrays anyone under 21 years of age;
(6) offer of a prize or award to any person; or
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(7) statement that indicates or implies that the product or entity in the
advertisement has been approved or endorsed by any agency, officer or
agent of the state of Kansas or any person or entity associated with the
state.
(c) No medical cannabis operator or pharmacy shall engage, contract
or otherwise enter into any agreement with any person for the purpose of
advertising medical cannabis or medical cannabis products in any manner
prohibited by this section.
New Sec. 14. (a) Each medical cannabis operator shall monitor all
medical cannabis and medical cannabis products that become part of such
operator's inventory from the seed source through the cultivation, testing,
processing, distribution and dispensing of such medical cannabis or
medical cannabis product utilizing a tracking system as agreed to by the
secretary. The same tracking system shall be utilized by all operators. Each
distribution hub operated by a pharmacy shall participate in the tracking
system through coordination with the medical cannabis operators that sell
medical cannabis and medical cannabis products to such distribution hub.
(b) Upon request, a medical cannabis operator shall make all tracking
information available to the secretary, the state contracted laboratory and
any law enforcement agency, its officers and agents.
New Sec. 15. (a) No distribution hub shall be located within 1,000
feet of the boundaries of a parcel of real estate having situated on it a
school, public library or public park.
(b) No cultivation or processing facility shall be located within 500
feet of the boundaries of a parcel of real estate having situated on it a
school, public library or public park. A cultivator or processor facility shall
be located on real property that is classified as an industrial zone.
(c) It shall not be a violation of this section if a distribution hub or
cultivation or processing facility existed at a location prior to the
establishment of a school, public library or public park that is located on
real estate that is within minimum required distance of such facility as
specified in this section.
(d) 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.
(e) All distribution hubs and cultivator and processing facilities shall
comply 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
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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; and
(3) "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. 16. (a) The premises for any distribution hub or cultivation
or processing facility shall be equipped with security equipment and
measures to prevent unauthorized access and the theft, diversion or
inversion of medical cannabis or medial cannabis products. As a condition
of each contract, such security equipment and measures shall include:
(1) Exterior lighting sufficient to illuminate all entrances to such
premises;
(2) electronic video monitoring in accordance with subsection (c);
(3) except for areas designated for patient and caregiver access,
controlled access to all areas within 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 such areas and retains such information for at least
one year;
(4) secured windows, if any, to prevent opening or other access to
such areas 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) for distribution hubs, manual, silent alarms in each area
designated for patient and caregiver access that provides for the
immediate, automatic notification of local law enforcement agencies.
(b) Any electronic video monitoring system shall:
(1) Include coverage of:
(A) The interior and exterior of all entrances to the premises;
(B) any area designated for parking on the premises;
(C) each area designated for patient and caregiver access;
(D) all vaults, safes or storage areas containing medical cannabis or
medical cannabis products; and
(E) all areas where medical cannabis and medical cannabis products
are cultivated, processed, prepared for sale or delivery or disposed of as
waste;
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(2) store all video recordings for at least 90 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 upon request to the secretary and any law enforcement agency,
its officers and agents; and
(3) accurately display the date and time of all recorded events in a
manner that does not obstruct the recorded view.
(c) Each medical cannabis operator and pharmacy shall establish
policies and procedures for the security of premises of each facility
operated by such operator. Such policies and procedures shall include:
(1) Controlling access to all areas that are not designated for patient
and caregiver access;
(2) posting signage stating that all transactions are cashless and that
no money is kept on premises;
(3) use of electronic video monitoring systems;
(4) use of alarm systems, including the use of manual, silent alarms
for distribution hubs; and
(5) communication with local law enforcement agencies regarding
unauthorized security breaches and the employment and identity of any
armed security personnel by the licensee.
(d) Each medical cannabis operator and pharmacy shall ensure that all
employees have completed training in security equipment and measures,
including:
(1) Prevention of theft, diversion and inversion of medical cannabis
and medical cannabis products;
(2) emergency response procedures;
(3) appropriate use of force; and
(4) controlling access to areas that are not designated for patient and
caregiver access.
(e) Except as provided in subsection (b)(2), each medical cannabis
operator and pharmacy shall retain all documents related to security
equipment and measures and any other documents related to the operations
of the facility for a period of two years. Such documents shall be made
available upon request to the secretary.
(f) Each medical cannabis operator and pharmacy shall ensure that all
medical cannabis waste is destroyed or otherwise disposed of in a manner
that prevents access to such waste by any person not authorized by such
operator or pharmacy.
(g) For distribution hubs and cultivation and processing facilities
whose physical structures are in existence on July 1, 2024, the
requirements of this section shall be satisfied on or before September 1,
2024. For all other facilities, the requirements of this section shall be
satisfied prior to commencement of operations.
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New Sec. 17. (a) All individuals holding an ownership interest in or
actively engaging in the operations of a medical cannabis operator or a
distribution hub operated by a pharmacy shall not have been convicted of a
felony. Each medical cannabis operator and pharmacy shall take
reasonable measures to ensure compliance with this section, including, but
not limited to, conducting criminal history background checks. Each
operator and pharmacy shall maintain an employee roster and log that
includes the identity, address, contact information and criminal history
background check information for each employed individual.
(b) All directors, managers, officers and any other employee of a
medical cannabis operator or pharmacy shall be considered to be actively
engaged in the operations of such operator or pharmacy. Independent
contractors shall not be considered to be actively engaged in operations if
such contractors are not directly engaged in the cultivation, processing or
sale of medical cannabis or medical cannabis products.
New Sec. 18. (a) A financial institution that provides financial
services to any medical cannabis operator, pharmacy or state contracted
laboratory 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 medical cannabis operator,
pharmacy or state contracted laboratory is in compliance with the
provisions of this act and all applicable tax laws of this state.
(b) Upon the request of a financial institution, the secretary, medical
cannabis operator, pharmacy or state contracted laboratory shall provide to
the financial institution the following information:
(1) Whether a person with whom the financial institution is seeking to
do business has a contract with the secretary to operate as a medical
cannabis operator, operate a distribution hub or a state contracted
laboratory;
(2) the name of any other business or individual affiliated with such
person; and
(3) information relating to sales and volume of product sold by such
person, if applicable.
(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
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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 that complies with the
requirements of the financial crimes enforcement network of the United
States treasury department; 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. 19. The secretary shall designate at least five physicians for
the purpose of issuing medical cannabis certificates to patients. Designated
physicians may issue medical cannabis certificates to patients suffering
from a qualifying medical condition when such patient's primary care
physician declines to issue such certificate for any reason. To the extent
practicable, the secretary shall designate physicians from different parts of
the state to ensure patients are able to have reasonable geographic access
to such physicians.
New Sec. 20. (a) It shall be unlawful for:
(1) A patient to purchase, possess or consume medical cannabis and
medical cannabis products unless such patient holds a valid medical
cannabis certificate; and
(2) any other individual to purchase or possess medical cannabis and
medical cannabis products on behalf of a patient or to assist such patient in
the consumption of medical cannabis and medical cannabis products
unless such individual is designated as such patient's caregiver on a valid
medical cannabis certificate and holds a copy of such valid medical
cannabis certificate.
(b) Patients and caregivers shall be at least 21 years of age.
(c) A physician may issue a medical cannabis certificate if the:
(1) Physician is the patient's primary care physician or a physician
designated by the secretary pursuant to section 19, and amendments
thereto, and determined that the patient suffers from one or more
qualifying medical conditions;
(2) physician has reviewed the patient's medical records and has
reasonably determined that such patient is not currently or likely to be
diagnosed with schizophrenia after taking into consideration such patient's
family history of schizophrenia;
(3) physician has informed the patient of the risks and benefits of
medical cannabis use as it pertains to the patient's qualifying medical
condition and medical history;
(4) physician reasonably believes that the benefits of medical
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cannabis use by the patient outweigh its risks after considering the patient's
history of substance abuse and the potential detrimental effects of medical
cannabis use on the patient's health; and
(5) caregiver, if designated, is present at the time the medical
cannabis certificate is issued and the physician reasonably believes that the
patient would not be capable or would have significant difficulty in
purchasing, possessing or consuming medical cannabis or medical
cannabis products without the assistance of the caregiver.
(d) A medical cannabis certificate shall be in writing, signed by the
physician, patient and caregiver, if designated, and include the following:
(1) The name, address and phone number of the patient and any
caregiver, if designated;
(2) the name, address and phone number of the physician issuing the
certificate;
(3) the date such certificate was issued;
(4) a statement from the physician certifying that:
(A) The physician is either the patient's primary care physician or a
designated physician pursuant to section 19, and amendments thereto,
authorized to issue medical cannabis certificates;
(B) the qualifying medical condition the patient suffers from; and
(C) the physician recommends the patient treat the symptoms of the
qualifying medical condition by consumption of medical cannabis and
medical cannabis products;
(5) a certification by the patient and caregiver, if designated, that
neither the patient nor caregiver has knowingly misstated, misled, lied to
or otherwise provided false information to the physician that is relevant to
the diagnosis of the qualifying medical condition or the issuance of the
medical cannabis certificate;
(6) a certification by the physician, patient and caregiver, if
designated, that all of the information contained in the medical cannabis
certificate is true and accurate to the best of their belief;
(7) the name and address of the designated distribution hub for the
purchase of medical cannabis and medical cannabis products by the patient
and caregiver, if designated;
(8) an authorization, including a waiver of applicable healthcare
privacy rights, by the patient allowing the physician to communicate with
the designated distribution hub and discuss any of the information
contained in the medical cannabis certificate;
(9) the identification, if any, of one caregiver to assist the patient in
the purchase, possession and consumption of medical cannabis and
medical cannabis products; and
(10) a certification by the caregiver, if designated, that such caregiver
has not been convicted of any drug-related felony, whether such conviction
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has been expunged.
(e) The physician issuing the medical cannabis certificate shall
transmit a copy of such certificate sent to the designated distribution hub.
Patients and caregivers shall only purchase medical cannabis and medical
cannabis products from the designated distribution hub, except that
patients and caregivers may purchase medical cannabis and medical
cannabis products from an alternate distribution hub if:
(1) The designated distribution hub transmits a copy of the patient's
medical cannabis certificate to such alternate distribution hub;
(2) the designated distribution hub notifies such alternate distribution
hub of the amount of medical cannabis and medical cannabis products
purchased by the patient or caregiver in the 30 days prior to transmitting
such patient's medical cannabis certificate;
(3) the patient or caregiver does not purchase in the aggregate an
amount of medical cannabis and medical cannabis products that exceeds
the amount specified in section 22, and amendments thereto, from all
distribution hubs; and
(4) such alternate distribution hub notifies the designated distribution
hub of the amount of medical cannabis and medical cannabis products
purchased by the patient or caregiver.
(f) A medical cannabis certificate shall be valid for a period of one
year from the date of issuance.
(g) The physician issuing the medical cannabis certificate for a
patient shall not also serve as such patient's designated caregiver.
(h) A physician who issues a medical cannabis certificate shall be
exempt from liability for any injuries or other damages arising from or
otherwise related to the purchase, possession or consumption of medical
cannabis or medical cannabis products by the patient or caregiver, if any,
named on such certificate if, at the time such certificate is issued, such
physician:
(1) Has reviewed such patient's medical records and reasonably
believes that such patient is not pregnant and is not likely to suffer from
schizophrenia; and
(2) reasonably believes that such patient suffers from a qualifying
medical condition based on the information provided by such patient and
such information is supported by such patient's medical records.
(i) Providing false information to a physician for the purpose of
obtaining a medical cannabis certificate shall not be a confidential
communication between such physician and patient and neither the patient
or the caregiver, if designated, shall have a privilege in any prosecution for
unlawfully possessing a controlled substance under K.S.A. 21-5706, and
amendments thereto, or unlawfully possessing drug paraphernalia under
K.S.A. 21-5709, and amendments thereto.
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(j) Nothing in this act shall be construed to prohibit a person who is
designated as a caregiver on a valid medical cannabis certificate from
being issued a medical cannabis certificate as a patient.
New Sec. 21. Law enforcement agencies may obtain verification of a
medical cannabis certificate from a patient's physician or a distribution hub
when necessary to verify that a patient or caregiver is in compliance with
this act. Each patient and caregiver shall promptly deliver such patient's
medical cannabis certificate upon demand of any officer of a court of
competent jurisdiction or any law enforcement officer when the certificate
is in such patient's or caregiver's immediate possession at the time of the
demand.
New Sec. 22. (a) A patient who holds a valid medical cannabis
certificate may:
(1) Use or consume medical cannabis and medical cannabis products;
(2) subject to subsection (b), purchase and possess medical cannabis
and medical cannabis products; and
(3) purchase and possess any paraphernalia or accessories used to
administer or consume medical cannabis and medical cannabis products.
(b) A patient shall not purchase medical cannabis or medical cannabis
products in an amount that exceeds in the aggregate 200 grams of
unprocessed medical cannabis flower or 3.47 grams of
tetrahydrocannabinol contained in any medical cannabis product during
any 30-day period of time.
(c) Caregivers who hold a valid medical cannabis certificate on which
such individual is the designated caregiver may purchase and possess
medical cannabis, medical cannabis products, paraphernalia and
accessories used to administer or consume medical cannabis and medical
cannabis products on behalf of the patient named on the medical cannabis
certificate, and may reasonably assist such patient with using or
consuming medical cannabis and medical cannabis products. The
provisions of subsection (b) shall apply to the purchase of medical
cannabis and medical cannabis products by a caregiver. No other use or
consumption of any medical cannabis or medical cannabis products
purchased and possessed by a caregiver on behalf of a patient shall be
permitted.
(d) Nothing in this section shall be construed to authorize a patient to
operate a motor vehicle, watercraft or aircraft while under the influence of
medical cannabis or medical cannabis products. No patient or caregiver
shall possess medical cannabis or medical cannabis products while
operating or traveling in any motor vehicle, watercraft or aircraft unless
such medical cannabis or medical cannabis products are contained in the
original, sealed packaging obtained from the distribution hub. Any medical
cannabis or medical cannabis products in a motor vehicle, watercraft or
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aircraft that are not contained in the original, sealed packaging shall be
considered unlawful possession under this act, and neither the patient or
the caregiver, if designated, shall have a privilege in any prosecution for
unlawfully possessing a controlled substance under K.S.A. 21-5706, and
amendments thereto, or unlawfully possessing drug paraphernalia under
K.S.A. 21-5709, and amendments thereto.
New Sec. 23. Nothing in this act authorizes the secretary 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. 24. No provisions of the medical cannabis pilot program
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,
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;
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(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;
(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. 21-5914, and
amendments thereto, or committed to a care and treatment facility, as
defined in K.S.A. 21-5914, and amendments thereto.
New Sec. 25. On or before January 15 of each year, the secretary
shall prepare and submit a report to the governor and the legislature on the
medical cannabis pilot program. Each report shall contain:
(a) The information submitted by each medical cannabis operator in
the reports required pursuant to section 11, and amendments thereto;
(b) a description by the secretary of the relative success of policies,
procedures, standards and requirements imposed under the medical
cannabis pilot program; and
(c) any recommendations from the secretary that would help make the
medical cannabis pilot program and any subsequent cannabis-related
program successful.
New Sec. 26. The provisions of the medical cannabis pilot program
act are declared to be severable. If any part or provision of the medical
cannabis pilot program 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 pilot program act, and any such
remaining provisions shall continue in full force and effect.
New Sec. 27. The provisions of the medical cannabis pilot program
act, sections 1 through 27, and amendments thereto, shall expire on July 1,
2029.
New Sec. 28. (a) It shall be unlawful to store or otherwise leave
medical cannabis or a medical cannabis product where it is readily
accessible to a person under 21 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) As used in this section:
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(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 access to
such container solely to individuals who are 21 years of age or older.
(d) This section shall be a part of and supplemental to the Kansas
criminal code.
(e) The provisions of this section shall expire on July 1, 2029.
New Sec. 29. (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 or medical cannabis products and such
person is a patient whose possession is authorized by the medical
cannabis pilot program act, section 1 et seq., and amendments thereto.
(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" and "medical cannabis product" mean the
same as defined in section 2, and amendments thereto.
(c) The provisions of this section shall expire on July 1, 2029.
New Sec. 30. (a) A covered entity, solely on the basis that an
individual consumes medical cannabis as authorized by the medical
cannabis pilot program act, section 1 et seq., 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;
(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 or medical cannabis products.
(b) A covered entity may consider an individual's consumption of
medical cannabis or medical cannabis products 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
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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 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.
(e) The provisions of this section shall expire on July 1, 2029.
New Sec. 31. (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 or medical cannabis products
as authorized by the medical cannabis pilot program act, section 1 et seq.,
and amendments thereto.
(b) This section shall be a part of and supplemental to the revised
Kansas code for care of children.
(c) The provisions of this section shall expire on July 1, 2029.
New Sec. 32. (a) Notwithstanding the provisions of K.S.A. 65-2836,
and amendments thereto, the board shall not revoke, suspend or limit a
physician's license, publicly censure a physician or place a physician's
license under probationary conditions for any of the following:
(1) The physician has:
(A) Advised a patient about the possible benefits and risks of using
medical cannabis; or
(B) advised the patient that using medical cannabis may mitigate the
patient's symptoms; or
(2) the physician is a patient or caregiver and possesses or has
possessed or uses or has used medical cannabis or medical cannabis
products as authorized by the medical cannabis pilot program act, section
1 et seq., and amendments thereto.
(b) As used in this section, the terms "caregiver," "medical cannabis,"
"medical cannabis product," and "patient" mean the same as such terms are
defined in section 2, and amendments thereto.
(c) The provisions of this section shall expire on July 1, 2029.
New Sec. 33. (a) Notwithstanding the provisions of K.S.A. 65-28a05,
and amendments thereto, the board shall not revoke, suspend or limit a
physician assistant's license, publicly or privately censure a physician
assistant or deny an application for a license or for reinstatement of a
license for any of the following:
(1) The physician assistant has:
(A) Advised a patient about the possible benefits and risks of using
medical cannabis; or
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(B) advised the patient that using medical cannabis may mitigate the
patient's symptoms; or
(2) the physician assistant is a patient or caregiver and possesses or
has possessed or uses or has used medical cannabis or medical cannabis
products as authorized by the medical cannabis pilot program act, section
1 et seq., and amendments thereto.
(b) As used in this section, the terms "caregiver," "medical cannabis,"
"medical cannabis product" and "patient" mean the same as such terms are
defined in section 2, and amendments thereto.
(c) The provisions of this section shall expire on July 1, 2029.
New Sec. 34. (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 or medical
cannabis products as authorized by the medical cannabis pilot program act,
section 1 et seq., 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; or
(3) office of the attorney general.
(c) The provisions of this section shall expire on July 1, 2029.
New Sec. 35. (a) A tax is hereby imposed upon the privilege of
selling medical cannabis and medical cannabis products in this state by
any medical cannabis operator at the rate of 8% on the gross receipts
received from the sale of medical cannabis and medical cannabis products
to patients and caregivers holding a valid medical cannabis certificate as
authorized by the medical cannabis pilot program act, section 1 et seq., and
amendments thereto. The tax imposed by this section shall be paid by the
patient or caregiver at the time of purchase.
(b) On or before the 20
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day of each calendar month, every medical
cannabis operator shall file a return with the director of taxation showing
the quantity of medical cannabis and medical cannabis products sold to
patients and caregivers within this state during the preceding calendar
month. Each return shall be accompanied by a remittance for the full tax
liability shown.
(c) All moneys received by the director of taxation or the director's
designee from taxes imposed by this section shall be remitted 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. Subject to the
maintenance requirements of the medical cannabis refund fund established
by section 38, and amendments thereto, an amount equal to 20% of such
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deposit shall be credited to the medical cannabis research and education
fund established by section 39, and amendments thereto, and the
remaining amount of any such deposit shall be credited to the state general
fund.
New Sec. 36. The director of taxation shall have the power to require
any medical cannabis operator to furnish additional information deemed
necessary for the purpose of computing the amount of the taxes due
pursuant to section 35, and amendments thereto, and, for such purpose, to
examine all books, records and files of such persons or entities. The
director also shall have the power to issue subpoenas and examine
witnesses under oath, and if any witness shall fail or refuse to appear at the
request of the director, or refuse access to books, records and files, the
district court of the proper county, or the judge thereof, on application of
the director, shall compel obedience by proceedings for contempt, as in the
case of disobedience of the requirements of a subpoena issued from such
court or a refusal to testify therein.
New Sec. 37. The provisions of K.S.A. 75-5133, 79-3610, 79-3611,
79-3612, 79-3613, 79-3615 and 79-3617, and amendments thereto,
relating to the assessment, collection, appeal and administration of the
retailers' sales tax, insofar as practicable, shall have full force and effect
with respect to taxes, penalties and fines imposed by sections 35 and 36,
and amendments thereto.
New Sec. 38. There is hereby established in the state treasury the
medical cannabis refund fund. The medical cannabis refund fund shall be
held by the state treasurer for prompt refunding of all overpayments of the
tax levied and collected pursuant to section 35, and amendments thereto.
The medical cannabis refund fund shall be maintained in an amount
determined by the secretary of revenue as necessary to meet current
refunding requirements, but such amount shall not exceed $10,000.
New Sec. 39. There is hereby established in the state treasury the
medical cannabis research and education fund to be administered by the
secretary for health and environment. All expenditures and transfers from
the medical cannabis research and education 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
secretary or the secretary's designee. All moneys credited to such fund
shall be expended or transferred only for the purposes of medical cannabis
research and education.
New Sec. 40. For purposes of sections 35 through 40, and
amendments thereto, the terms "medical cannabis," "medical cannabis
operator" and "medical cannabis product" mean the same as defined in
section 2, and amendments thereto.
New Sec. 41. The provisions of sections 35 through 41, and
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amendments thereto, shall expire on July 1, 2029.
Sec. 42. K.S.A. 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
K.S.A. 65-4107(d)(3) or (f)(1), and amendments thereto, or an analog
thereof;
(B) the controlled substance is not a fentanyl-related controlled
substance; and
(C) 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 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 K.S.A. 65-4107(d)(3) or (f)(1), and
amendments thereto, or an analog thereof, or is a fentanyl-related
controlled substance.
(c) The provisions of K.S.A. 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.
(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. 21-
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5705, and amendments thereto.
(g) The provisions of this section shall not apply to a medical
cannabis operator, as such term is defined in section 2, and amendments
thereto, that is producing medical cannabis or medical cannabis products,
as such terms are defined in section 2, and amendments thereto, when
used for acts authorized by the medical cannabis pilot program act,
section 1 et seq., and amendments thereto.
Sec. 43. K.S.A. 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:
(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
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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.
(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:
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(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 (a)(4) and (a)(5) shall not apply to a medical
cannabis operator, as such term is defined in section 2, and amendments
thereto, or a state contracted laboratory or any employee or agent thereof
that is growing, testing, processing, distributing or selling medical
cannabis or medical cannabis products, as such terms are defined in
section 2, and amendments thereto, in accordance with the medical
cannabis pilot program 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
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.
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(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.
Sec. 44. K.S.A. 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):
(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
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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);
(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.
(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. 2023
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. 2023 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
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 or medical cannabis
products, as such terms are defined in section 2, and amendments thereto,
the provisions of subsections (b) and (c) shall not apply to any person who
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holds a valid medical cannabis certificate issued pursuant to the medical
cannabis pilot program act, section 1 et seq., and amendments thereto,
and whose possession is authorized by such act.
(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. 45. K.S.A. 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. 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. 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
pilot program 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
telephone, wire, radio, computer, computer networks, beepers, pagers and
all other means of communication.
Sec. 46. K.S.A. 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
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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
who holds a valid medical cannabis certificate issued pursuant to the
medical cannabis pilot program act, section 1 et seq., and amendments
thereto, whose possession of such equipment or material is used solely to
produce or for the administration of medical cannabis or medical
cannabis products, as such terms are defined in section 2, and
amendments thereto, in a manner authorized by the medical cannabis pilot
program act.
Sec. 47. K.S.A. 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
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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. 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. 21-5701
through 21-5717, and amendments thereto, except subsection (b) of K.S.A.
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. 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;
(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
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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 medical
cannabis operator, as such term is defined in section 2, and amendments
thereto, whose distribution or manufacture is used solely to distribute or
produce medical cannabis or medical cannabis products, as such terms
are defined in section 2, and amendments thereto, in a manner authorized
by the medical cannabis pilot program 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. 48. K.S.A. 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 consumes
medical cannabis or medical cannabis products in accordance with the
medical cannabis pilot program act, section 1 et seq., and amendments
thereto, when determining the legal custody, residency or parenting time of
a child.
Sec. 49. 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
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
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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 or medical cannabis products in accordance with
the medical cannabis pilot program act, section 1 et seq., 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
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
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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
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. 50. 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:
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(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;
(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 holds a valid medical
cannabis certificate issued pursuant to the medical cannabis pilot
program act, section 1 et seq., and amendments thereto, such cannabis or
cannabis derivative was used in accordance with such act, 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:
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Confirmatory
test cutoff
levels (ng/ml)
Marijuana metabolite
1
..............................................................15
Cocaine metabolite
2
..................................................................150
Opiates:
Morphine .............................................................................2000
Codeine ...............................................................................2000
6-Acetylmorphine
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..................................................................10 ng/ml
Phencyclidine ...........................................................................25
Amphetamines:
Amphetamine ......................................................................500
Methamphetamine
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.............................................................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
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injury;
(D) the worker voluntarily agrees to submit to a chemical test for
drugs or alcohol following any accident or injury; or
(E) as a result of federal or state law or a federal or state rule or
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.
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(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
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
is provided by the employer against which the claim is being made, any
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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 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. 51. K.S.A. 2023 Supp. 65-1120 is hereby amended to read as
follows: 65-1120. (a) Grounds for disciplinary actions. The board may
deny, revoke, limit or suspend any license or authorization to practice
nursing as a registered professional nurse, as a licensed practical nurse, as
an advanced practice registered nurse or as a registered nurse anesthetist
that is issued by the board or applied for under this act, or may require the
licensee to attend a specific number of hours of continuing education in
addition to any hours the licensee may already be required to attend or
may publicly or privately censure a licensee or holder of a temporary
permit or authorization, if the applicant, licensee or holder of a temporary
permit or authorization is found after hearing:
(1) To be guilty of fraud or deceit in practicing nursing or in
procuring or attempting to procure a license to practice nursing;
(2) to have been guilty of a felony or to have been guilty of a
misdemeanor involving an illegal drug offense unless the applicant or
licensee establishes sufficient rehabilitation to warrant the public trust,
except that notwithstanding K.S.A. 74-120, and amendments thereto, no
license or authorization to practice nursing as a licensed professional
nurse, as a licensed practical nurse, as an advanced practice registered
nurse or registered nurse anesthetist shall be granted to a person with a
felony conviction for a crime against persons as specified in article 34 of
chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article
54 of chapter 21 of the Kansas Statutes Annotated, and amendments
thereto, or K.S.A. 21-6104, 21-6325, 21-6326 or 21-6418, and
amendments thereto;
(3) has been convicted or found guilty or has entered into an agreed
disposition of a misdemeanor offense related to the practice of nursing as
determined on a case-by-case basis;
(4) to have committed an act of professional incompetency as defined
in subsection (e);
(5) to be unable to practice with skill and safety due to current abuse
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of drugs or alcohol;
(6) to be a person who has been adjudged in need of a guardian or
conservator, or both, under the act for obtaining a guardian or conservator,
or both, and who has not been restored to capacity under that act;
(7) to be guilty of unprofessional conduct as defined by rules and
regulations of the board;
(8) to have willfully or repeatedly violated the provisions of the
Kansas nurse practice act or any rules and regulations adopted pursuant to
that act, including K.S.A. 65-1114 and 65-1122, and amendments thereto;
(9) to have a license to practice nursing as a registered nurse or as a
practical nurse denied, revoked, limited or suspended, or to be publicly or
privately censured, by a licensing authority of another state, agency of the
United States government, territory of the United States or country or to
have other disciplinary action taken against the applicant or licensee by a
licensing authority of another state, agency of the United States
government, territory of the United States or country. A certified copy of
the record or order of public or private censure, denial, suspension,
limitation, revocation or other disciplinary action of the licensing authority
of another state, agency of the United States government, territory of the
United States or country shall constitute prima facie evidence of such a
fact for purposes of this paragraph (9); or
(10) to have assisted suicide in violation of K.S.A. 21-3406, prior to
its repeal, or K.S.A. 21-5407, and amendments thereto, as established by
any of the following:
(A) A copy of the record of criminal conviction or plea of guilty for a
felony in violation of K.S.A. 21-3406, prior to its repeal, or K.S.A. 21-
5407, and amendments thereto.
(B) A copy of the record of a judgment of contempt of court for
violating an injunction issued under K.S.A. 60-4404, and amendments
thereto.
(C) A copy of the record of a judgment assessing damages under
K.S.A. 60-4405, and amendments thereto.
(b) Proceedings. Upon filing of a sworn complaint with the board
charging a person with having been guilty of any of the unlawful practices
specified in subsection (a), two or more members of the board shall
investigate the charges, or the board may designate and authorize an
employee or employees of the board to conduct an investigation. After
investigation, the board may institute charges. If an investigation, in the
opinion of the board, reveals reasonable grounds for believing the
applicant or licensee is guilty of the charges, the board shall fix a time and
place for proceedings, which shall be conducted in accordance with the
provisions of the Kansas administrative procedure act.
(c) Witnesses. No person shall be excused from testifying in any
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proceedings before the board under this act or in any civil proceedings
under this act before a court of competent jurisdiction on the ground that
such testimony may incriminate the person testifying, but such testimony
shall not be used against the person for the prosecution of any crime under
the laws of this state except the crime of perjury as defined in K.S.A. 21-
5903, and amendments thereto.
(d) Costs. If final agency action of the board in a proceeding under
this section is adverse to the applicant or licensee, the costs of the board's
proceedings shall be charged to the applicant or licensee as in ordinary
civil actions in the district court, but if the board is the unsuccessful party,
the costs shall be paid by the board. Witness fees and costs may be taxed
by the board according to the statutes relating to procedure in the district
court. All costs accrued by the board, when it is the successful party, and
which that the attorney general certifies cannot be collected from the
applicant or licensee shall be paid from the board of nursing fee fund. All
moneys collected following board proceedings shall be credited in full to
the board of nursing fee fund.
(e) Professional incompetency defined. As used in this section,
"professional incompetency" means:
(1) One or more instances involving failure to adhere to the
applicable standard of care to a degree which that constitutes gross
negligence, as determined by the board;
(2) repeated instances involving failure to adhere to the applicable
standard of care to a degree which that constitutes ordinary negligence, as
determined by the board; or
(3) a pattern of practice or other behavior which that demonstrates a
manifest incapacity or incompetence to practice nursing.
(f) Criminal justice information. The board upon request shall receive
from the Kansas bureau of investigation such criminal history record
information relating to arrests and criminal convictions as necessary for
the purpose of determining initial and continuing qualifications of
licensees of and applicants for licensure by the board.
(g) Medical cannabis exemption. The board shall not deny, revoke,
limit or suspend the license of any licensee or publicly or privately
censure any licensee for:
(1) Advising a patient about the possible benefits and risks of using
medical cannabis or that using medical cannabis may mitigate the
patient's symptoms; or
(2) any actions as a patient or caregiver holding a valid medical
cannabis ceertificate issued pursuant to the medical cannabis pilot
program act, section 1 et seq., and amendments thereto, including whether
the licensee possesses or has possessed or uses or has used medical
cannabis in accordance with such act.
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Sec. 52. K.S.A. 2023 Supp. 65-28b08 is hereby amended to read as
follows: 65-28b08. (a) The board may deny, revoke, limit or suspend any
license or authorization issued to a certified nurse-midwife to engage in
the independent practice of midwifery that is issued by the board or
applied for under this act, or may publicly censure a licensee or holder of a
temporary permit or authorization, if the applicant or licensee is found
after a hearing:
(1) To be guilty of fraud or deceit while engaging in the independent
practice of midwifery or in procuring or attempting to procure a license to
engage in the independent practice of midwifery;
(2) to have been found guilty of a felony or to have been found guilty
of a misdemeanor involving an illegal drug offense unless the applicant or
licensee establishes sufficient rehabilitation to warrant the public trust,
except that notwithstanding K.S.A. 74-120, and amendments thereto, no
license or authorization to practice and engage in the independent practice
of midwifery shall be granted to a person with a felony conviction for a
crime against persons as specified in article 34 of chapter 21 of the Kansas
Statutes Annotated, prior to its repeal, or article 54 of chapter 21 of the
Kansas Statutes Annotated, and amendments thereto, or K.S.A. 21-6104,
21-6325, 21-6326 or 21-6418, and amendments thereto;
(3) to have committed an act of professional incompetence as defined
in subsection (c);
(4) to be unable to practice the healing arts with reasonable skill and
safety by reason of impairment due to physical or mental illness or
condition or use of alcohol, drugs or controlled substances. All
information, reports, findings and other records relating to impairment
shall be confidential and not subject to discovery or release to any person
or entity outside of a board proceeding;
(5) to be a person who has been adjudged in need of a guardian or
conservator, or both, under the act for obtaining a guardian or conservator,
or both, and who has not been restored to capacity under that act;
(6) to be guilty of unprofessional conduct as defined by rules and
regulations of the board;
(7) to have willfully or repeatedly violated the provisions of the
Kansas nurse practice act or any rules and regulations adopted pursuant to
such act;
(8) to have a license to practice nursing as a registered nurse or as a
practical nurse denied, revoked, limited or suspended, or to have been
publicly or privately censured, by a licensing authority of another state,
agency of the United States government, territory of the United States or
country or to have other disciplinary action taken against the applicant or
licensee by a licensing authority of another state, agency of the United
States government, territory of the United States or country. A certified
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copy of the record or order of public or private censure, denial, suspension,
limitation, revocation or other disciplinary action of the licensing authority
of another state, agency of the United States government, territory of the
United States or country shall constitute prima facie evidence of such a
fact for purposes of this paragraph; or
(9) to have assisted suicide in violation of K.S.A. 21-3406, prior to its
repeal, or K.S.A. 21-5407, and amendments thereto, as established by any
of the following:
(A) A copy of the record of criminal conviction or plea of guilty to a
felony in violation of K.S.A. 21-3406, prior to its repeal, or K.S.A. 21-
5407, and amendments thereto;
(B) a copy of the record of a judgment of contempt of court for
violating an injunction issued under K.S.A. 60-4404, and amendments
thereto; or
(C) a copy of the record of a judgment assessing damages under
K.S.A. 60-4405, and amendments thereto.
(b) No person shall be excused from testifying in any proceedings
before the board under this act or in any civil proceedings under this act
before a court of competent jurisdiction on the ground that such testimony
may incriminate the person testifying, but such testimony shall not be used
against the person for the prosecution of any crime under the laws of this
state, except the crime of perjury as defined in K.S.A. 21-5903, and
amendments thereto.
(c) The board shall not deny, revoke, limit or suspend the license or
authorization issued to a certified nurse-midwife or publicly or privately
censure a certified nurse-midwife for:
(1) Advising a patient about the possible benefits and risks of using
medical cannabis or that using medical cannabis may mitigate the
patient's symptoms; or
(2) any actions as a patient or caregiver holding a valid medical
cannabis certificate issued pursuant to the medical cannabis pilot
program act, section 1 et seq., and amendments thereto, including whether
the licensee possesses or has possessed or uses or has used medical
cannabis in accordance with such act.
(d) As used in this section, "professional incompetency" means:
(1) One or more instances involving failure to adhere to the
applicable standard of care to a degree which that constitutes gross
negligence, as determined by the board;
(2) repeated instances involving failure to adhere to the applicable
standard of care to a degree which that constitutes ordinary negligence, as
determined by the board; or
(3) a pattern of practice or other behavior which that demonstrates a
manifest incapacity or incompetence to engage in the independent practice
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of midwifery.
(d)(e) The board, upon request, shall receive from the Kansas bureau
of investigation such criminal history record information relating to arrests
and criminal convictions, as necessary, for the purpose of determining
initial and continuing qualifications of licensees and applicants for
licensure by the board.
Sec. 53. 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. 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. 21-5701, and amendments thereto,
which 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. 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. 54. 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. 55. K.S.A. 21-5703, 21-5705, 21-5706, 21-5707, 21-5709, 21-
5710, 23-3201, 38-2269, 44-501, 79-5201 and 79-5210 and K.S.A. 2023
Supp. 65-1120 and 65-28b08 are hereby repealed.
Sec. 56. This act shall take effect and be in force from and after its
publication in the Kansas register.
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