Session of 2024
SENATE BILL No. 558
By Committee on Federal and State Affairs
4-1
AN ACT concerning health and healthcare; relating to cannabis and
cannabidiol; creating the Kansas medical cannabis act; providing for
the licensure and regulation of the cultivation, processing,
manufacturing, distribution, sale and use of medical cannabis and
medical cannabis products; imposing a tax on the gross receipts of the
retail sale thereof; providing for distribution of the tax revenues derived
therefrom; establishing the medical cannabis registration fund, the
medical cannabis regulation fund, the medical cannabis revenues fund
and the medical cannabis refund fund; creating the Kansas cannabidiol
regulation act; providing for the licensure, testing and regulation of the
retail sale of cannabidiol products; making exceptions to the crimes of
unlawful manufacture and possession of controlled substances;
amending K.S.A. 2-3901, 8-1567, 21-5703, 21-5705, 21-5706, 21-
5707, 21-5709, 21-5710, 21-6109, 21-6607, 22-3717, 23-3201, 38-
2269, 44-501, 44-706, 44-1009, 44-1015, 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. (a) Sections 1 through 45, and amendments thereto,
shall be known as the Kansas medical cannabis act.
(b) The legislature hereby declares that the Kansas medical cannabis
act is enacted pursuant to the police power of the state to protect the health
of its citizens, which power is reserved to the state of Kansas and its
people under the 10
th
amendment to the constitution of the United States.
New Sec. 2. As used in the Kansas medical cannabis act:
(a) "Advertising" means the act of providing consideration for the
publication, dissemination, solicitation or circulation of visual, oral or
written communication to directly or indirectly induce any person to
patronize a particular licensed medical cannabis facility or purchase a
particular type of medical cannabis or medical cannabis product.
"Advertising" includes marketing, but does not include the packaging and
labeling of any medical cannabis or medical cannabis product.
(b) "Board of healing arts" means the state board of healing arts.
(c) "Cannabinoid" means any of the chemical compounds that are
active principles of cannabis.
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(d) (1) "Cannabis" means all parts of all varieties of the plant
Cannabis sativa whether growing or not, including, but not limited to, the
seeds thereof, the resin extracted from any part of the plant and every
compound, manufacture, salt, derivative, mixture or preparation of the
plant, its seeds or resin.
(2) "Cannabis" does not include:
(A) The mature stalks of the plant, fiber produced from the stalks, oil
or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture or preparation of the mature stalks,
except the resin extracted therefrom, fiber, oil or cake or the sterilized seed
of the plant that is incapable of germination;
(B) any substance listed in schedules II through V of the uniform
controlled substances act;
(C) cannabidiol (other trade name: 2-[(3-methyl-6-(1-methylethenyl)-
2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol); or
(D) industrial hemp, as defined in K.S.A. 2-3901, and amendments
thereto, when cultivated, produced, possessed or used for activities
authorized by the commercial industrial hemp act.
(e) "Caregiver" means an individual who holds a caregiver
identification card issued pursuant to section 9, and amendments thereto.
(f) "Cultivate" means the same as defined in K.S.A. 65-4101, and
amendments thereto.
(g) "Cultivator" means a person licensed pursuant to section 17, and
amendments thereto, to cultivate, prepare and package medical cannabis
and to sell medical cannabis to patients, caregivers, processors and
retailers.
(h) "Department" means the department of health and environment.
(i) "Disposal facility" means a premises licensed pursuant to section
17, and amendments thereto, where medical cannabis waste is disposed of
by one or more processes that render such waste unusable and
unrecognizable through destruction or recycling.
(j) "Director" means the director of the division of alcoholic beverage
control.
(k) "Educational research facility" means a premises licensed
pursuant to section 18, and amendments thereto, where training and
education involving the cultivation, growing, harvesting, curing,
preparing, packaging or testing of medical cannabis and the production,
manufacture, extraction, processing, packaging or creation of medical
cannabis products is provided to individuals.
(l) "Laboratory" means a person licensed pursuant to section 17, and
amendments thereto, to conduct quality control testing on medical
cannabis and medical cannabis products.
(m) "Licensee" means any person holding a license issued pursuant to
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section 17, and amendments thereto, to operate as a cultivator, processor,
laboratory or retailer.
(n) "Licensed premises" means the premises specified in an
application for a cultivator, processor, laboratory or retailer license that is
owned or leased by the person holding such license.
(o) (1) "Major life activity" includes, but is not limited to, caring for
oneself, performing manual tasks, seeing, hearing, eating, sleeping,
walking, standing, lifting, bending, speaking, breathing, learning, reading,
concentrating, thinking, communicating and working.
(2) "Major life activity" also includes the operation of a major bodily
function, including but not limited to, functions of the immune system,
normal cell growth, digestive, bowel, bladder, neurological, brain,
respiratory, circulatory, endocrine and reproductive functions.
(p) "Manufacture" means the production, propagation, compounding
or processing of a medical cannabis product, excluding cannabis plants,
either directly or indirectly, by extraction from substances of natural or
synthetic origin, by means of chemical synthesis or by a combination of
extraction and chemical synthesis.
(q) "Medical cannabis" means cannabis that is cultivated, processed,
manufactured, tested, sold, possessed or used for a medical purposes.
(r) "Medical cannabis concentrate" means a medical cannabis
concentrate produced by extracting cannabinoids and other plant
compounds from cannabis through the use of heat, cold or pressure.
(s) (1) "Medical cannabis product" means a product that contains
cannabinoids that have been extracted from plant material or the resin of a
plant and is intended for administration to a patient, including, but is not
limited to: Suppositories; oils; tinctures; plant material; ingestibles; topical
forms; gels; creams; vapors; patches; liquids and any form administered by
an atomizer or nebulizer.
(2) "Medical cannabis product" does not include any form or method
of using medical cannabis that is considered attractive to children.
(t) "Medical cannabis waste" means any of the following:
(1) Medical cannabis, medical cannabis concentrate or medical
cannabis products that are:
(A) Unused, surplus, returned or expired;
(B) determined to have failed laboratory testing standards and cannot
be remediated or decontaminated; or
(C) part of the inventory of a licensee or educational research facility
and:
(i) Such licensee or facility has permanently closed;
(ii) such inventory was not acquired as authorized by the Kansas
medical cannabis act; or
(iii) such inventory cannot be lawfully transferred or sold to another
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licensee or educational research facility; or
(2) the debris of the plant Cannabis sativa, including any dead plants
or parts of the plant that are not used by a licensee, except "medical
cannabis waste" does not include the seeds, roots, stems, stalks or fan
leaves of such plants.
(u) "Medical provider" means a physician or physician assistant, as
such terms are defined in K.S.A. 65-28a02, and amendments thereto, or an
advanced practice registered nurse, as defined in K.S.A. 65-1113, and
amendments thereto.
(v) "Patient" means an individual who has been issued a valid
identification card pursuant to section 9, and amendments thereto.
(w) "Person" means an individual, partnership, limited partnership,
limited liability partnership, limited liability company, trust, estate,
association, corporation, cooperative or any other legal or commercial
organization.
(x) "Processor" means a person licensed pursuant to section 17, and
amendments thereto, to produce, manufacture, package or create medical
cannabis concentrate or medical cannabis products.
(y) "Qualifying medical condition" means a temporary disability or
illness due to injury or surgery or a permanent disability or illness that
includes:
(1) Alzheimers;
(2) amyotrophic lateral sclerosis;
(3) cancer;
(4) dementia;
(5) inflammatory bowel conditions and diseases;
(6) epilepsy or other seizure disorders;
(7) multiple sclerosis;
(8) Parkinsons disease;
(9) post-traumatic stress disorder;
(10) sickle cell anemia;
(11) spinal cord disease or injury; or
(12) severe or intractable pain that:
(A) Substantially limits the ability of the individual to conduct one or
more major life activities; or
(B) if not alleviated, may cause serious harm to the individual's safety
or physical or mental health.
(z) "Retailer" means a person licensed pursuant to section 17, and
amendments thereto, to sell medical cannabis and medical cannabis
products to patients and caregivers.
(aa) "Secretary" means the secretary of the department of health and
environment.
New Sec. 3. (a) No person shall grow, harvest, process, sell, barter,
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transport, deliver, furnish or otherwise possess any form of cannabis,
except as specifically provided in the medical cannabis regulation act, the
Kansas cannabidiol regulation act, section 46 et seq., and amendments
thereto, or the commercial industrial hemp act, K.S.A. 2-3901 et seq., and
amendments thereto.
(b) Nothing in the Kansas medical cannabis act shall be construed to:
(1) Require a physician to recommend that a patient use medical
cannabis to treat a qualifying medical condition;
(2) permit the use, possession or administration of medical cannabis
other than as authorized by this act;
(3) permit the use, possession or administration of medical cannabis
on federal land located in this state;
(4) permit the use or administration of medical cannabis on any
property owned, operated or leased by any state agency or political
subdivision thereof or any city, county or other municipality;
(5) require any public place to accommodate a patient's use of
medical cannabis;
(6) prohibit any public place from accommodating a patient's use of
medical cannabis; or
(7) 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) The secretary shall administer the provisions of this
act and provide for the registration of patients and caregivers, including
the issuance of identification cards to such patients and caregivers in
accordance with the provisions of this act.
(b) The board of healing arts shall administer the provisions of this
act regarding the certification of physicians and physician assistants
authorizing such physicians and physician assistants to recommend
medical cannabis as a treatment for patients.
(c) The board of nursing shall administer the provisions of this act
regarding the certification of advance practice registered nurses
authorizing such advance practice registered nurses to recommend medical
cannabis as a treatment for patients.
(d) The director shall administer the provisions of this act and provide
for the licensure of cultivators, laboratories, processors, retailers, disposal
facilities and educational research facilities.
New Sec. 5. (a) Except as permitted under subsection (c), the
following individuals shall not solicit or accept, directly or indirectly, any
gift, gratuity, emolument or employment from any person who is an
applicant for any license or is a licensee under the provisions of this act or
any officer, agent or employee thereof, or solicit requests from or
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recommend, directly or indirectly, to any such person, the appointment of
any individual to any place or position:
(1) The secretary or any officer, employee or agent of the department
of health and environment;
(2) the secretary of revenue, the director or any officer, employee or
agent of the division of alcoholic beverage control;
(3) any member of the state board of healing arts; or
(4) any member of the board of nursing.
(b) Except as permitted under subsection (c), an applicant for a
license or a licensee under the provisions of this act shall not offer any gift,
gratuity, emolument or employment to any of the following:
(1) The secretary or any officer, employee or agent of the department;
(2) the secretary of revenue, the director or any officer, employee or
agent of the division of alcoholic beverage control;
(3) any member of the state board of healing arts; or
(4) any member of the board of nursing.
(c) The secretary, the secretary of revenue, the state board of healing
arts and the board of nursing may adopt rules and regulations for their
respective agencies allowing the acceptance of official hospitality by the
respective secretary, members of the state board of healing arts, the board
of nursing and employees of each such respective agency, subject to any
limits as prescribed by such rules and regulations.
(d) If the secretary, the secretary of revenue, any member of the state
board of healing arts, the board of nursing or any employee of each such
respective agency violates any provision of this section, such person shall
be removed from such person's office or employment.
(e) Violation of any provision of this section is a severity level 7,
nonperson felony.
(f) Nothing in this section shall be construed to prohibit the
prosecution and punishment of any person for any other crime in the
Kansas criminal code.
New Sec. 6. All actions taken by the secretary, the director, the state
board of healing arts or the board of nursing under the Kansas medical
cannabis act shall be in accordance with the Kansas administrative
procedure act and reviewable in accordance with the Kansas judicial
review act.
New Sec. 7. (a) There is hereby established within the department the
Kansas medical cannabis advisory board. The Kansas medical cannabis
advisory board shall consist of 24 members as follows:
(1) The secretary, or the secretary's designee;
(2) the secretary of agriculture, or the secretary's designee;
(3) the secretary for aging and disability services, or the secretary's
designee;
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(4) four members each appointed respectively by the speaker of the
house of representatives, the president of the senate, the majority leader of
the house of representatives and the minority leader of the senate;
(5) one member appointed by the silver haired legislature;
(6) the director, or the director's designee;
(7) the director of the Kansas bureau of investigation, or the director's
designee;
(8) the executive director of the league of Kansas municipalities, or
the executive director's designee;
(9) 13 members appointed by the governor as follows:
(A) Two members who support the use of cannabis for medical
purposes and who are or were patients who found relief from the use of
medical cannabis;
(B) one member designated by the Kansas association of addiction
professionals;
(C) two licensed physicians who have completed cannabis-specific
continuing medical education training;
(D) two licensed registered nurses who have completed medical
cannabis training;
(E) one licensed pharmacist;
(F) one member who has experience in the science of cannabis;
(G) one member who is an attorney knowledgeable about medical
cannabis laws in the United States;
(H) one member recommended by the secretary of agriculture who
has experience in horticulture; and
(I) two members who have experience in the medical cannabis
industry.
(b) Members of the Kansas medical cannabis advisory board shall
serve for a term of two years. Any vacancy in a position on the board shall
be filled in the same manner as the original appointment.
(c) On or before September 1, 2024, and each year thereafter, the
board shall meet to elect a chairperson and vice chairperson from the
members appointed pursuant to subsection (a)(9).
(d) The Kansas medical cannabis advisory board shall advise the
secretary, the board of healing arts and the board of nursing on the
adoption of rules and regulations pertaining to the following:
(1) Registration of patients and caregivers;
(2) issuance and renewal of identification cards and the fees therefor;
(3) certification of physicians, physician assistants and advance
practice registered nurses, including any continuing education
requirements;
(4) purchasing and transportation of medical cannabis by patients and
caregivers, including, but not limited to, any limits on the form or amount
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of medical cannabis or medical cannabis products that can be purchased or
possessed; and
(5) education, research and treatment with medical cannabis.
(e) The Kansas medical cannabis advisory board shall advise the
secretary of revenue and the director on the adoption of rules and
regulations pertaining to the following:
(1) Applications for licensure;
(2) issuance and renewal of licenses, including the fees therefor;
(3) security of licensed premises;
(4) testing of medical cannabis, medical cannabis concentrate and
medical cannabis products;
(5) transportation of medical cannabis, medical cannabis concentrate
and medical cannabis products;
(6) education, research and advertising of medical cannabis;
(7) electronic monitoring of medical cannabis from seed source to
retail sale to a patient or caregiver as required under section 31, and
amendments thereto;
(8) policies and procedures related to the receipt, storage, packaging,
labeling, handling, manufacturing, tracking and retail sale of medical
cannabis, medical cannabis concentrate and medical cannabis products;
(9) a request for proposal process to identify a laboratory that has
operated within the legal cannabis sector for at least two years for assisting
in duties including, but not limited to, validation of test results and
calibration of equipment pursuant to section 27, and amendments thereto;
(10) purchasing and financial transactions pertaining to ordering
medical cannabis through the internet and delivery protocols;
(11) procedures for a social equity lottery and a general lottery for the
issuance of licenses as required under section 22, and amendments thereto;
and
(12) medical cannabis waste management.
(f) On or before January 15, 2025, and each January 15 thereafter, the
Kansas medical cannabis advisory board shall prepare and submit a report
to the legislature on the implementation of the Kansas medical cannabis
act during the previous calendar year and recommendations for statutory
changes to such act.
New Sec. 8. (a) The secretary shall begin accepting applications for
identification cards on or before January 1, 2025.
(b) The secretary shall develop and publish a website to provide
information about the Kansas medical cannabis act. A link to the website
shall be located in a prominent location on the primary website for the
Kansas medical cannabis advisory board. The department website may
include, but shall not be limited to, the following:
(1) The ability to search for any of the following:
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(A) Certified medical providers;
(B) licensed cultivators and processors or manufacturers; and
(C) licensed retailers;
(2) contact information for applying for an identification card,
including the phone number and email;
(3) information regarding the process for appealing a decision of the
secretary;
(4) application forms for identification cards; and
(5) crop damage report forms, including a portal to upload documents
and pictures.
New Sec. 9. (a) A patient seeking to use medical cannabis or a
caregiver seeking to assist a patient in the use or administration of medical
cannabis shall apply to the secretary for an identification card authorizing
the possession and use of medical cannabis and medical cannabis products
as authorized by this act. The application for an identification card shall be
submitted in such form and manner as prescribed by the secretary and
include the required fee and the written recommendation from the patient's
medical provider to treat such patient with medical cannabis because such
patient has a qualifying medical condition.
(b) (1) The fee for a patient identification card or the renewal thereof
shall be established by rules and regulations adopted by the secretary,
except that such fee shall be waived for any applicant that submits proof
that the applicant:
(A) Qualifies for services under the Kansas medical assistance
program; or
(B) is certified by the Kansas department for aging and disability
services or by the Kansas department for children and families as having a
physical or mental impairment that constitutes a substantial barrier to
employment.
(2) The fee for a caregiver identification card or the renewal thereof
shall be established by rules and regulations adopted by secretary.
(c) The secretary shall not issue an identification card to an applicant
who is under 18 years of age unless the applicant submits written
recommendations from two medical providers that such applicant has a
qualifying medical condition, and such applicant's custodial parent or legal
guardian with responsibility for healthcare decisions for such applicant
obtains a caregiver identification card and is designated as such applicant's
caregiver.
(d) (1) A patient may designate any individual who is 18 years of age
or older as such patient's caregiver, including the owner, operator or any
trained staff of a licensed clinic, healthcare facility, hospice or home health
agency, group home or halfway house, and any individual who has been
designated as a caregiver by another patient.
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(2) A caregiver may be less than 18 years of age if:
(A) The caregiver is the parent of the patient, and the patient is under
18 years of age;
(B) the caregiver is otherwise authorized by law to make healthcare
decisions for the patient; or
(C) it is demonstrated to the satisfaction of the director that the
patient needs a caregiver and there is no individual 18 years of age or older
who can adequately perform the duties of a caregiver for such patient.
(e) A patient or caregiver identification card shall be valid for the
period of time stated on such card and may be renewed by submitting a
renewal application in such form and manner as prescribed by the
secretary and paying the required fee.
(f) (1) Any information collected by the director pursuant to this
section is confidential and not a public record. The secretary may share
information identifying a specific patient or caregiver with a licensed
retailer for the purpose of confirming that such patient or caregiver has a
valid identification card. The provisions of this subsection shall expire on
July 1, 2029, unless the legislature reviews and reenacts such provisions in
accordance with K.S.A. 45-229, and amendments thereto, prior to July 1,
2029.
(2) It shall be a class B nonperson misdemeanor for any person to
release any confidential information collected by the secretary except as
authorized under this act.
New Sec. 10. (a) A written recommendation from a medical provider
shall include a statement that such medical provider has taken
responsibility for an aspect of the medical care, treatment, diagnosis,
counseling or referral of a patient, has conducted a medical examination of
such patient and has determined such patient suffers from a qualifying
medical condition.
(b) In the case of a patient who is under 18 years of age, the medical
provider may recommend treatment with medical cannabis only after
obtaining the consent of the patient's parent or legal guardian responsible
for making healthcare decisions for the patient.
(c) A medical provider who holds a certificate to recommend
treatment with medical cannabis shall be immune from civil liability, shall
not be subject to professional disciplinary action by the state board of
healing arts or the board of nursing and is immune from criminal
prosecution for any of the following actions:
(1) Advising a patient, patient representative or caregiver about the
benefits and risks of medical cannabis to treat a qualifying medical
condition;
(2) recommending that a patient use medical cannabis to treat or
alleviate a qualifying medical condition; and
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(3) monitoring a patient's treatment with medical cannabis.
New Sec. 11. (a) There is hereby established the medical cannabis
registration fund in the state treasury. The secretary shall administer the
medical cannabis registration fund and shall remit all moneys collected
from the payment of all fees and fines imposed by the secretary pursuant
to the Kansas medical cannabis act and any other moneys received by or
on behalf of the secretary pursuant to such act to the state treasurer in
accordance with the provisions of K.S.A. 75-4215, and amendments
thereto. Upon receipt of each such remittance, the state treasurer shall
deposit the entire amount in the state treasury to the credit of the medical
cannabis registration fund. Moneys credited to the medical cannabis
registration fund shall only be expended or transferred as provided in this
section. Expenditures from such fund shall be made in accordance with
appropriation acts upon warrants of the director of accounts and reports
issued pursuant to vouchers approved by the secretary or the secretary's
designee.
(b) Moneys in the medical cannabis registration fund shall be used for
the payment or reimbursement of costs related to the regulation and
enforcement of the possession and use of medical cannabis by the
secretary.
New Sec. 12. (a) In addition to or in lieu of any other civil or criminal
penalty as provided by law, the secretary may impose a civil penalty or
suspend or revoke a patient or caregiver identification card upon a finding
that the patient or caregiver committed a violation as provided in this
section.
(b) Nothing in this act shall be construed to require the secretary to
enforce minor violations if the secretary determines that the public interest
is adequately served by a notice or warning to the alleged offender.
(c) Upon a finding that a patient or caregiver has submitted fraudulent
information or otherwise falsified or misrepresented information required
to be submitted by such patient or caregiver, the secretary may impose a
civil fine in an amount not to exceed $500 for a first offense and may
suspend or revoke the individual's identification card for a second or
subsequent offense.
(d) If the secretary suspends, revokes or refuses to renew any
identification card issued pursuant to this act and determines that there is
clear and convincing evidence of a danger of immediate and serious harm
to any person, the secretary may place under seal all medical cannabis
owned by or in the possession, custody or control of the affected patient or
caregiver. Except as provided in this section, the secretary shall not
dispose of the sealed medical cannabis until a final order is issued
authorizing such disposition. During the pendency of an appeal from any
order issued by the secretary, a court may order the secretary to sell
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medical cannabis that is perishable, and the proceeds of any such sale shall
be deposited with the court.
New Sec. 13. A medical cannabis identification card, or its
equivalent, that is issued under the laws of another state, district, territory,
commonwealth or insular possession of the United States that is verifiable
by the jurisdiction of issuance and allows a nonresident patient to possess
medical cannabis for medical purposes shall have the same force and
effect as an identification card issued by the director pursuant to section 9,
and amendments thereto.
New Sec. 14. On or before January 1, 2025, and after consultation
with the Kansas medical cannabis advisory board, the secretary shall adopt
rules and regulations to implement the provisions of this act, including, but
not limited to:
(a) Applications for a patient or caregiver identification card;
(b) issuance and renewal of such identification cards and the fees
therefor;
(c) the period of time for which such cards are valid;
(d) purchasing and transportation of medical cannabis by patients and
caregivers, including, but not limited to, any limits on the form or amount
of medical cannabis or medical cannabis products that can be purchased or
possessed; and
(e) education, research and treatment with medical cannabis.
New Sec. 15. (a) Except as provided in subsection (c), a physician or
physician assistant who is seeking to recommend treatment with medical
cannabis shall apply to the board of healing arts for a certificate
authorizing such physician or physician assistant to recommend treatment
with medical cannabis. The application shall be submitted in such form
and manner as prescribed by the board and by paying the required fee. The
board of healing arts shall grant a certificate to recommend treatment with
medical cannabis if the following conditions are satisfied:
(1) The application is complete and meets the requirements
established in rules and regulations adopted by the board; and
(2) the applicant demonstrates that the applicant does not have an
ownership or investment interest in or compensation arrangement with an
entity licensed under section 17, and amendments thereto, or an applicant
for such licensure.
(b) A certificate to recommend treatment with medical cannabis may
be renewed by submitting a renewal application in such form and manner
as prescribed by the state board and paying the required fee.
(c) This section shall not apply to a physician who recommends
treatment with cannabis or a cannabis-derived drug under any of the
following that is approved by an institutional review board or equivalent
entity, the United States food and drug administration or the national
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institutes of health or one of its cooperative groups or centers under the
United States department of health and human services:
(1) A research protocol;
(2) a clinical trial;
(3) an investigational new drug application; or
(4) an expanded access submission.
(d) On or before January 1, 2025, and after consultation with the
Kansas medical cannabis advisory board, the board of healing arts shall
adopt rules and regulations to implement the provisions of this section,
including, but not limited to:
(1) Applications for a certificate to treat with medical cannabis;
(2) issuance and renewal of certificates including the fees therefor;
(3) the period of time for which such certificates are valid; and
(4) suspension or revocation of a certificate for violations of this act.
New Sec. 16. (a) An advance practice registered nurse who is seeking
to recommend treatment with medical cannabis shall apply to the board of
nursing for a certificate authorizing such advance practice registered nurse
to recommend treatment with medical cannabis. The application shall be
submitted in such form and manner as prescribed by the board and by
paying the required fee. The board shall grant a certificate to recommend
treatment with medical cannabis if the following conditions are satisfied:
(1) The application is complete and meets the requirements
established in rules and regulations adopted by the board; and
(2) the applicant demonstrates that the applicant does not have an
ownership or investment interest in or compensation arrangement with an
entity licensed under section 17, and amendments thereto, or an applicant
for such licensure.
(b) A certificate to recommend treatment with medical cannabis may
be renewed by submitting a renewal application in such form and manner
as prescribed by the board and paying the required fee.
(c) On or before January 1, 2025, and after consultation with the
Kansas medical cannabis advisory board, the board of nursing shall adopt
rules and regulations to implement the provisions of this section,
including, but not limited to:
(1) Applications for a certificate to treat with medical cannabis;
(2) issuance and renewal of certificates including the fees therefor;
(3) the period of time for which such certificates are valid; and
(4) suspension or revocation of a certificate for violations of this act.
New Sec. 17. (a) A person seeking to operate as a cultivator,
processor, laboratory or retailer or to operate a disposal facility shall apply
to the director for a license by submitting an application for such license in
such form and manner as prescribed by the director and paying the
required fee.
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(b) Except as otherwise provided, the director shall issue such license
if:
(1) The application is complete and meets the requirements
established in rules and regulations adopted by the secretary of revenue;
and
(2) the applicant is an individual and:
(A) Is not less than 21 years of age;
(B) (i) is a resident of this state; or
(ii) has been a resident of this state for two consecutive years prior to
the date the application is submitted and has not fewer than two years of
experience in the cannabis industry;
(C) has not previously held a license issued pursuant to this section
that has been revoked;
(D) is in good standing with any other licensing or regulatory body of
this state that has issued a license to such applicant; and
(E) has submitted a tax clearance certificate issued by the department
of revenue; or
(3) the applicant is a business entity and:
(A) The individual submitting the application on behalf of such
business entity would be qualified to hold a license as an individual;
(B) such individual is legally authorized to submit the application on
behalf of such business entity; and
(C) at least
2
/3 of the individuals who have an ownership interest in
such business entity are residents of this state.
(c) No cultivator license shall be issued to an applicant that:
(1) Has an ownership interest in another licensed cultivator; or
(2) has fewer than two years of experience in the cannabis industry.
(d) No laboratory license shall be issued to an applicant that has an
ownership interest in a licensed cultivator, processor, retailer or disposal
facility.
(e) (1) No license shall be issued pursuant to subsection (b) to an
applicant if any individual with an ownership interest in such applicant or
any officer, director, manager or employee of such applicant has been
convicted of a disqualifying felony offense.
(2) For purposes of this subsection, "disqualifying felony offense"
means any felony offense under the laws of this state, any other state or the
United States, except:
(A) Any offense where the unlawful conduct was the medical use of
cannabis or assisting in the medical use of cannabis by another;
(B) any offense that is not a person felony, for which the defendant
was not incarcerated and for which the conviction occurred at least five
years prior to the date the application for a license is submitted; or
(C) any offense for which the defendant was released from parole,
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postrelease supervision or probation at least five years prior to the date the
application for a license is submitted and such defendant has not been
convicted of any offense since such release.
(3) The director may consult with the attorney general, the secretary
of the department of corrections or any district or county attorney as
necessary to determine the application of this subsection.
(f) A license issued pursuant to this section shall be valid for two
years from the date specified on such license. Such license may be
renewed by submitting a renewal application in such form and manner as
prescribed by the director and paying the required fee.
New Sec. 18. (a) A person seeking to operate an educational research
facility shall apply to the director for a license for such facility by
submitting an application for such license in such form and manner as
prescribed by the director and paying the required fee.
(b) The director shall issue a license for such facility if:
(1) The application is complete and meets the requirements
established in rules and regulations adopted by the secretary; and
(2) the applicant submits proof that such applicant has or will have an
employment policy that will not prohibit the employment of individuals
who have been convicted or pleaded guilty to any offense under article 36a
of chapter 21 of the Kansas Statutes Annotated, prior to its transfer, article
57 of chapter 21 of the Kansas Statutes Annotated, and amendments
thereto, or K.S.A. 65-4160 or 65-4162, prior to their repeal, but whose
conduct that resulted in such offense would have been lawful if such
individual had possessed a valid patient or caregiver identification card at
the time of such offense.
(c) A license issued pursuant to this section shall be valid for two
years from the date specified on such license. Such license may be
renewed by submitting a renewal application in such form and manner as
prescribed by the director and paying the required fee.
New Sec. 19. All applicants for a license to be issued pursuant to
section 17, and amendments thereto, shall require any owner, director,
officer or agent of such applicant to be fingerprinted and to submit to a
state and national criminal history record check. The director is authorized
to submit the fingerprints to the Kansas bureau of investigation and the
federal bureau of investigation for a state and national criminal history
record check. The director shall use the information obtained from
fingerprinting and the state and national criminal history record check for
purposes of verifying the identification of the applicant and for making a
determination of the qualifications of the applicant for licensure. The
Kansas bureau of investigation may charge a reasonable fee to the
applicant for fingerprinting and conducting a criminal history record
check, except such fee shall not exceed the actual cost incurred for such
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criminal history record check.
New Sec. 20. (a) The director may refuse to issue or renew a license
pursuant to section 17, and amendments thereto, or may revoke or suspend
such license for any of the following reasons:
(1) The licensee has failed to comply with any provision of the
Kansas medical cannabis act or any rules and regulations adopted by the
secretary;
(2) the applicant or licensee has falsified or misrepresented any
information submitted to the director in order to obtain a license;
(3) the applicant or licensee has failed to adhere to any
acknowledgment, verification or other representation made to the director
when applying for a license; or
(4) the applicant or licensee has failed to submit or disclose
information requested by the director.
(b) (1) Except as provided in paragraph (2), the director shall inspect
the licensed premises of a licensee not more than twice each calendar year
and provide notice of such inspection to the licensee at least 24 hours prior
to the inspection.
(2) The director may conduct additional inspections of a licensed
premises when necessary due to a prior violation of this act. Such
inspection may be conducted without prior notice to the licensee if the
director reasonably believes that such notice will result in the destruction
of evidence in further violation of this act.
(c) During any investigation by the director, the director may require
and conduct interviews with the licensee under investigation and any
owners, officers, employees and agents thereof. Prior to conducting any
such interviews upon the request of the licensee, the director shall provide
the licensee and any other individuals being interviewed sufficient time to
secure legal representation during such interviews.
New Sec. 21. (a) The director shall issue:
(1) Not fewer than two cultivator licenses for each congressional
district and not more than a total of 10 such licenses;
(2) not fewer than one processor license for each congressional
district and not more than a total of four such licenses; and
(3) not fewer than two retailer licenses for each congressional district
and not more than a total of 16 such licenses.
(b) There shall be no limit on the number of educational research
facility licenses or disposal facility licenses.
(c) A cultivator, processor or retailer may also be issued a disposal
facility license.
(d) The fee for any license issued pursuant to section 17, and
amendments thereto, shall not be less than $2,500 nor more than $15,000.
The secretary of revenue may adopt rules and regulations that fix different
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fee amounts for different types of licenses.
New Sec. 22. (a) The director shall establish a general lottery system
for the issuance of licenses pursuant to section 17, and amendments
thereto. Such system shall require all applications for licensure to be
submitted on or before October 1, 2024. The general lottery system shall
ensure that at least 20% of each type of license be issued to an applicant
that is selected pursuant to the social equity lottery established pursuant to
subsection (b).
(b) The director shall establish a social equity lottery system for the
issuance of licenses pursuant to section 17, and amendments thereto. Such
system shall only be open to those applicants that satisfy the socio-
economic demographic criteria adopted by the secretary of revenue.
(c) No lottery system shall be used unless the number of qualified
applicants for licensure exceeds the number of licenses the director may
issue.
New Sec. 23. (a) A cultivator may:
(1) Cultivate medical cannabis in accordance with the provisions of
this act;
(2) transport, deliver and sell medical cannabis to one or more
licensed cultivators, processors or retailers;
(3) purchase and receive medical cannabis from one or more licensed
cultivators; and
(4) transport and deliver medical cannabis waste to one or more
disposal facilities.
(b) (1) Unless authorized by this act, a cultivator shall not transfer or
sell medical cannabis unless samples from each harvest batch or
production batch from which such medical cannabis was derived has been
tested by a licensed laboratory for contaminants and has passed all
contaminant tests required by this act.
(2) A cultivator may transfer medical cannabis that has failed
laboratory testing to a licensed processor only for the purposes of
decontamination or remediation and only in accordance with the
provisions of this act.
(c) A cultivator facility shall not cultivate medical cannabis for
personal, family or household use or on any public land.
(d) The licensed premises of a cultivator shall only be located on land
that has been zoned for commercial or industrial use.
New Sec. 24. (a) A processor may:
(1) Purchase and receive medical cannabis from one or more licensed
cultivators or processors;
(2) subject to subsection (b), process medical cannabis obtained from
a licensed cultivator into medical cannabis concentrate or medical
cannabis products;
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(3) transport, deliver and sell processed medical cannabis, medical
cannabis concentrate and medical cannabis products to one or more
licensed processors or retailer; and
(4) transport and deliver medical cannabis waste to one or more
disposal facilities.
(b) A processor shall not transfer, sell or process into a concentrate or
medical cannabis product any medical cannabis, medical cannabis
concentrate or medical cannabis product unless samples from each harvest
batch or production batch from which such medical cannabis, medical
cannabis concentrate or medical cannabis product was derived has been
tested by a licensed laboratory for contaminants and has passed all
contaminant tests required by this act.
(c) When packaging medical cannabis, medical cannabis concentrate
and medical cannabis products, a processor shall comply with any
packaging and labeling requirements established by rules and regulations
adopted by the secretary of revenue.
(d) The licensed premises of a processor shall only be located on land
that has been zoned for commercial or industrial use.
New Sec. 25. (a) A retailer may:
(1) Purchase and receive medical cannabis and medical cannabis
products from one or more licensed cultivators or processors;
(2) sell medical cannabis and medical cannabis products to patients
and caregivers in accordance with subsection (b); and
(3) transport and deliver medical cannabis waste to one or more
disposal facilities.
(b) When selling medical cannabis and medical cannabis products, a
retailer shall:
(1) Sell medical cannabis and medical cannabis products only to a
person who provides a current, valid patient or caregiver identification
card and only in accordance with a written recommendation issued by a
medical provider; and
(2) comply with any packaging and labeling requirements established
by rules and regulations adopted by the secretary of revenue.
(c) A retailer shall not make public any information received or
collected by such licensee that identifies or would tend to identify any
specific patient.
New Sec. 26. (a) A disposal facility may:
(1) Transport and receive medical cannabis waste to or from a
cultivator, processor, retailer, laboratory or another disposal facility; and
(2) dispose of medical cannabis waste received from a cultivator,
processor, retailer, laboratory or another disposal facility and medical
cannabis waste produced by the licensee if the licensee also holds a
cultivator, processor, retailer or laboratory license.
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(b) All medical cannabis waste disposed of pursuant to this act shall
be subject to any rules and regulations adopted by the secretary relating to
the proper disposal of such materials in order to preserve the health and
safety of the public.
(c) All medical cannabis waste shall be documented and tracked
through the electronic inventory tracking system established under section
31, and amendments thereto. Such documentation shall include:
(1) Unique identification numbers for inventory lots;
(2) the total weight of the medical cannabis waste disposed of;
(3) the name of the licensee providing the medical cannabis waste;
and
(4) photographs of the disposed medical cannabis waste.
(d) The seeds, roots, stems, stalks and fan leaves of cannabis plants
may be disposed of by a licensee without a disposal facility license. Such
disposal may be conducted on the licensed premises by open burning,
incineration, burying, mulching, composting or any other method
approved by the secretary.
New Sec. 27. (a) On or before January 1, 2025, the director shall
contract with a private laboratory for the purpose of conducting
compliance and quality assurance testing of licensed laboratories to
provide public safety and ensure that quality medical cannabis and medical
cannabis products are available to patients and caregivers.
(b) Any private laboratory contracting with the director shall:
(1) Be prohibited from conducting any other commercial medical
cannabis or medical cannabis product testing in this state;
(2) have held a license, permit or other certification to test medical
cannabis issued by another state for at least one year prior to contracting
with the director and have entered into a contract with another state for
compliance and quality assurance testing;
(3) not employ, or be owned by any individual:
(A) That has a direct or indirect financial interest in any licensee;
(B) whose spouse, parent, child, spouse of a child, sibling or spouse
of a sibling has an active application for a license; or
(C) that is a member of the board of directors of any licensee; and
(4) be accessible for any medical cannabis testing needs of any state
agency, including, but not limited to, the department, the Kansas bureau of
investigation and the state fire marshal.
New Sec. 28. (a) The director shall recommend to the secretary of
revenue rules and regulations as necessary to develop acceptable testing
and research practices in consultation with the private laboratory
contracting with the director under section 27, and amendments thereto.
Such rules and regulations shall, include, but are not limited to, testing,
standards, quality control analysis, equipment certification and calibration
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and identification of chemicals and other substances used in bona fide
research methods.
(b) The director shall also recommend to the secretary of revenue
rules and regulations for laboratory testing performed under this act
concerning:
(1) The cleanliness and orderliness of the premises of a licensed
laboratory and the security of such facilities;
(2) the inspection, cleaning and maintenance of equipment or utensils
used for the analysis of test samples;
(3) testing procedures and standards for cannabinoid and terpenoid
potency and safe levels of contaminants and appropriate remediation and
validation procedures;
(4) controlled access areas for the storage of medical cannabis,
medical cannabis concentrate and medical cannabis product test samples,
medical cannabis waste and reference standards;
(5) records to be retained and computer systems to be utilized by the
laboratory;
(6) the possession, storage and use by the laboratory of reagents,
solutions and reference standards;
(7) a certificate of analysis for each lot of reference standard;
(8) the transport and disposal of medical cannabis waste;
(9) the use of the electronic inventory tracking system established
under section 31, and amendments thereto, to ensure all test harvest and
production batches or samples containing medical cannabis, medical
cannabis concentrate or medical cannabis products are identified and
tracked from the point such batches or samples are transferred from a
licensee or a patient or caregiver through the point of transfer, destruction
or disposal. Such inventory tracking system shall include the results of any
tests that are conducted;
(10) the employment of laboratory personnel;
(11) a written standard operating procedure manual to be maintained
and updated by the laboratory;
(12) the successful participation in a proficiency testing program
approved by the director for conducting testing in order to obtain and
maintain certification;
(13) the establishment of and adherence to a quality assurance and
quality control program to ensure sufficient monitoring of laboratory
processes and the quality of results reported;
(14) the immediate recall of medical cannabis, medical cannabis
concentrate or medical cannabis products that test above allowable
thresholds or are otherwise determined to be unsafe;
(15) the establishment of a system to document the complete chain of
custody for batches or samples from receipt through disposal;
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(16) the establishment of a system to retain and maintain all required
records, including business records, and processes to ensure results are
reported in a timely and accurate manner; and
(17) any other aspect of laboratory testing of medical cannabis,
medical cannabis concentrate or medical cannabis product deemed
necessary by the director.
New Sec. 29. (a) A laboratory shall:
(1) Comply with all applicable local ordinances, including, but not
limited to, any zoning, occupancy, licensing and building codes;
(2) establish policies to prevent the existence or appearance of undue
commercial, financial or other influences that diminish, or have the effect
of diminishing the public confidence in, the competency, impartiality and
integrity of the testing processes or results of such laboratory. Such
policies shall prohibit employees, owners or agents of a laboratory who
participate in any aspect of the analysis and results of a sample from
improperly influencing the testing process, manipulating data or benefiting
from any ongoing financial, employment, personal or business relationship
with the licensee that submitted the sample for testing;
(3) not test samples for any licensee in which an owner, employee or
agent of the laboratory has any form of ownership or financial interest in
such licensee that submitted the sample for testing;
(4) promptly provide the director access to:
(A) A report of a test and any underlying data that is conducted on a
sample; and
(B) laboratory premises and to any material or information requested
by the director to determine compliance with the requirements of this
section;
(5) retain all results of laboratory tests conducted on medical
cannabis, medical cannabis concentrate or medical cannabis products for a
period of at least two years and make such results available to the director
upon request;
(6) establish standards, policies and procedures for laboratory testing
procedures;
(7) (A) test samples from each harvest batch or product batch, as
appropriate, of medical cannabis, medical cannabis concentrate and
medical cannabis product for each of the following categories of testing,
consistent with standards developed by the director:
(i) Microbials;
(ii) mycotoxins;
(iii) residual solvents;
(iv) pesticides;
(v) tetrahydrocannabinol and other cannabinoid potency;
(vi) terpenoid potency type and concentration;
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(vii) moisture content;
(viii) homogeneity; and
(ix) heavy metals; and
(B) only accept a test batch of usable medical cannabis, medical
cannabis concentrate or medical cannabis product for testing purposes
from a:
(i) Cultivator that has separated each harvest lot of usable cannabis
into harvest batches containing not more than 10 pounds, except harvest
batches of fresh, uncured medical cannabis or fresh or frozen medical
cannabis to be sold to a processor in order to make a concentrate may be
separated into batches containing not more than 20 pounds; and
(ii) processor that has separated each medical cannabis production lot
into production batches containing not more than 10 pounds.
(b) A laboratory may:
(1) Accept samples of medical cannabis, medical cannabis
concentrate or medical cannabis product from:
(A) A licensee or any entity authorized to possess such samples only
for testing and research purposes, including the provision of testing
services for samples submitted by a licensee for product development. A
laboratory shall not be prohibited from obtaining a license under this act
due to such facility performing other testing and research on medical
cannabis and medical cannabis products; or
(B) an individual person for testing if such person is a:
(i) Patient or caregiver and such person provides the laboratory with
the individual's valid identification card and a valid photo identification; or
(ii) participant in an approved clinical or observational study
conducted by a research facility as described in section 15(c), and
amendments thereto; and
(2) transfer samples of medical cannabis, medical cannabis
concentrate and medical cannabis product to or from another laboratory or
any licensee. All laboratory reports shall identify the laboratory that
performed the testing of the sample.
(c) (1) A laboratory shall be inspected prior to initial licensure and
further inspected up to six times annually by an inspector approved by the
director. The director may enter the licensed premises of a laboratory to
conduct investigations and additional inspections when the director
believes an investigation or additional inspection is necessary due to a
possible violation of this act.
(2) After January 1, 2025, accreditation by the national environmental
laboratory accreditation program, ANSI/ASQ national accreditation board
or another accrediting body approved by the director shall be required for
licensure of a laboratory and the renewal thereof.
New Sec. 30. (a) The director shall recommend such rules and
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regulations as necessary to implement the provisions of this act. After a
public hearing on a proposed rule and regulation has been held as required
by law, the director shall submit such proposed rule and regulation to the
secretary of revenue, who shall adopt the rule and regulation upon
approval by the secretary. Such rules and regulations shall include, but are
not limited to:
(1) Establishing internal control policies and procedures for the
review of license applications and the issuance and renewal of licenses;
(2) establishing fees for licenses;
(3) verifying the sources of financing for license applicants;
(4) establishing policies and procedures for the reporting and tracking
of:
(A) Adverse events;
(B) product recalls; and
(C) complaints; and
(5) any other policies and procedures recommended by the Kansas
medical cannabis advisory board.
(b) It is intended by this act that the director shall have broad
discretionary powers to govern the traffic in medical cannabis in this state
and to strictly enforce all the provisions of this act in the interest of
sanitation, purity of products, truthful representation and honest dealings
in such manner as generally will promote the public health and welfare.
All valid rules and regulations adopted under the provisions of this act
shall be absolutely binding upon all licensees and enforceable by the
director through the power of suspension or revocation of licenses.
New Sec. 31. The director shall establish and maintain an electronic
database to monitor medical cannabis from its seed source through its
cultivation, testing, processing, distribution and dispensing. The director
may contract with a separate entity to establish and maintain all or any
portion of the electronic database on behalf of the agency.
New Sec. 32. (a) There is hereby established the medical cannabis
regulation fund in the state treasury. The director of the Kansas medical
cannabis agency shall administer the medical cannabis regulation fund and
remit all moneys collected from the payment of all fees and fines imposed
by the director pursuant to the Kansas medical cannabis act and any other
moneys received by or on behalf of the director pursuant to this act to the
state treasurer in accordance with the provisions of K.S.A. 75-4215, and
amendments thereto. Upon receipt of each such remittance, the state
treasurer shall deposit the entire amount in the state treasury to the credit
of the medical cannabis regulation fund. Moneys credited to the medical
cannabis regulation fund shall only be expended or transferred as provided
in this section. Expenditures from such fund shall be made in accordance
with appropriation acts upon warrants of the director of accounts and
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reports issued pursuant to vouchers approved by the director, or the
director's designee.
(b) Moneys in the medical cannabis regulation fund shall be used for
costs related to the regulation and enforcement of the cultivation,
possession, processing and sale of medical cannabis by the Kansas medical
cannabis agency.
New Sec. 33. (a) In addition to or in lieu of any other civil or criminal
penalty as provided by law, the director may impose a civil penalty or
suspend or revoke a license upon a finding that the licensee committed a
violation as provided in this section.
(b) (1) Upon a finding that a licensee has sold, transferred or
otherwise distributed medical cannabis in violation of this act, the director
may impose a civil fine not to exceed $1,000 for a first offense and not to
exceed $5,000 for a second or subsequent offense.
(2) Upon a showing that a licensee acted willfully or with gross
negligence in selling, transferring or otherwise distributing medical
cannabis in violation of this act, the director may suspend or revoke such
licensee's license.
(c) (1) Upon a finding that a patient or caregiver intentionally
diverted medical cannabis or medical cannabis products to an unauthorized
person in violation of this act, the director may impose a civil fine not to
exceed $2,000 for a first offense and not to exceed $5,000 for a second or
subsequent offense.
(2) Upon a showing that a patient or caregiver acted willfully or with
gross negligence in intentionally diverting medical cannabis or medical
cannabis products to an unauthorized person in violation of this act, the
director may suspend or revoke such patient's or caregiver's identification
card.
(d) Upon a showing that a patient or caregiver violated any reporting
requirements with respect to medical cannabis cultivated by such patient
or caregiver, the director may impose a civil fine not to exceed $250.
New Sec. 34. (a) A tax is hereby imposed upon the privilege of
selling medical cannabis and medical cannabis products in this state by
any retailer at the rate of 4% on the gross receipts received from the sale of
medical cannabis to patients and caregivers holding an identification card
issued pursuant to section 9, 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
th
day of each calendar month, every retailer
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
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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 to the credit
of the medical cannabis revenues fund, established by section 37, and
amendments thereto.
New Sec. 35. The director of taxation shall have the power to:
(a) Require any retailer to furnish additional information deemed
necessary for the purpose of computing the amount of the taxes due
pursuant to section 34, and amendments thereto;
(b) examine all books, records and files of such persons or entities;
and
(c) issue subpoenas and examine witnesses under oath, and if any
witness fails or refuses to appear at the request of the director, or refuses
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. 36. 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 practical, shall have full force and effect with
respect to taxes, penalties and fines imposed by section 34, and
amendments thereto.
New Sec. 37. (a) There is hereby established the medical cannabis
revenues fund in the state treasury. All expenditures and transfers from
such fund shall be made in accordance with appropriation acts. All moneys
credited to such Kfund shall be expended or transferred only for the
purposes of medical cannabis research, public health programs, mental
health programs, telemedicine programs, drug and alcohol abuse and
prevention programs, elementary and secondary school health programs,
broadband or high-speed internet connectivity initiatives, expenditures
from the state water plan fund and property tax relief for individuals who
are 60 years of age or older.
(b) (1) On July 1, 2024, and each July 1 thereafter, or as soon
thereafter such date as moneys are available, the first $4,000,000 credited
to the medical cannabis revenues fund shall be transferred by the director
of accounts and reports from the medical cannabis revenues fund to the
operating grant, including official hospitality, account of the department of
commerce in the state general fund to be expended for the expansion of
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broadband internet connectivity.
(2) On July 1, 2024, and each July 1 thereafter, or as soon thereafter
such date as moneys are available, after the transfer has been made under
paragraph (1), the next $4,000,000 credited to the medical cannabis
revenues fund shall be transferred by the director of accounts and reports
from the medical cannabis revenues fund to the community crisis
stabilization centers fund of the Kansas department for aging and disability
services.
(3) On July 1, 2024, and each July 1 thereafter, or as soon thereafter
such date as moneys are available, after the transfers have been made
under paragraphs (1) and (2), the next $4,000,000 credited to the medical
cannabis revenues fund shall be transferred by the director of accounts and
reports from the medical cannabis revenues fund to the state water plan
fund established by K.S.A. 82a-951, and amendments thereto.
(c) 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 34, 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. 38. No state or municipal law enforcement agency, or any
officer or employee thereof, shall provide any identifying information
concerning a patient or caregiver who has been issued an identification
card pursuant to section 9, and amendments thereto, to any federal law
enforcement agency or law enforcement agency of another jurisdiction for
the purpose of any investigation of a crime involving possession of
cannabis, unless such law enforcement agency recognizes the lawful
purchase, possession and consumption of medical cannabis under the
Kansas medical cannabis act.
New Sec. 39. Nothing in this act shall prohibit a commercial real
property owner or a business owner from prohibiting the consumption of
medical cannabis or medical cannabis products on such owner's premises
or within 10 feet of any entryway to such premises.
New Sec. 40. (a) No rental agreement for subsidized housing shall
contain a provision or impose a rule that prohibits a patient or caregiver
who has been issued an identification card pursuant to section 9, and
amendments thereto, to agree, as a condition of tenancy, to a prohibition or
restriction on the possession or use of medical cannabis in such person's
residence. A landlord may impose reasonable restrictions related to the use
of medical cannabis by any person in public areas of the premises and such
possession and use shall be in accordance with this act.
(b) As used in this section:
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(1) "Rental agreement" means an agreement, written or oral, and
valid rules and regulations embodying the terms and conditions concerning
the use and occupancy of a dwelling unit; and
(2) (A) "Subsidized housing" means a rental unit for which the
landlord receives rental assistance payments under a rental assistance
agreement administered by the United States department of agriculture
under the multi-family housing rental assistance program under title V of
the federal housing act of 1949 or receives housing assistance payments
under a housing assistance payment contract administered by the United
States department of housing and urban development under the housing
choice voucher program, the new construction program, the substantial
rehabilitation program or the moderate rehabilitation program under
section 8 of the United States housing act of 1937.
(B) "Subsidized housing" does not include owner-occupied housing
accommodations of four units or fewer.
New Sec. 41. No patient or caregiver who has been issued an
identification card pursuant to section 9, and amendments thereto, shall be
denied the ability to purchase or possess a firearm, ammunition or firearm
accessories solely on the basis that such individual purchases, possesses or
consumes medical cannabis in accordance with the provisions of this act.
New Sec. 42. (a) A patient or caregiver who has been issued an
identification card pursuant to section 9, and amendments thereto, shall not
be denied eligibility in any public assistance or social welfare programs,
including, but not limited to, the state medical assistance program, the
supplemental nutrition assistance program, the women, infants and
children nutrition program and the temporary assistance for needy families
program solely on the basis that such individual purchases, possesses or
consumes medical cannabis in accordance with this act.
(b) Nothing in this section shall be construed to require the state
medical assistance program or any other public assistance program to
reimburse an individual for the costs associated with the purchase,
possession or consumption of medical cannabis, unless otherwise required
by federal law.
(c) Nothing in this section shall be construed to prohibit a person
from taking any action necessary to procure or retain any monetary benefit
provided under federal law, or any rules and regulations adopted
thereunder, or to obtain or maintain any license, certificate, registration or
other legal status issued or bestowed under federal law, or any rules and
regulations adopted thereunder.
New Sec. 43. (a) The board of education of a school district may
prohibit the consumption of medical cannabis on the premises of any
school operated by such school district except by patients who have been
issued an identification card pursuant to section 9, and amendments
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thereto, and who consume medical cannabis through any means other than
smoking in accordance with the provisions of this act.
(b) No student shall be denied participation in any curricular or
extracurricular activities solely on the basis that such student possesses or
consumes medical cannabis in accordance with the provisions of this act.
New Sec. 44. (a) The governing body or the chief administrative
officer, if no governing body exists, of a postsecondary educational
institution, as defined in K.S.A. 74-3201b, and amendments thereto, shall
permit any student enrolled in such postsecondary educational institution
who is a patient that has been issued an identification card pursuant to
section 9, and amendments thereto, to possess and consume medical
cannabis in accordance with the provisions of this act.
(b) No student shall be denied participation in any curricular or
extracurricular activities solely on the basis that such student possesses or
consumes medical cannabis in accordance with the provisions of this act.
New Sec. 45. The provisions of the Kansas medical cannabis act are
hereby declared to be severable. If any part or provision of the Kansas
medical cannabis 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 Kansas medical cannabis act and any such remaining
parts or provisions shall continue in full force and effect.
New Sec. 46. The provisions of sections 46 through 67, and
amendments thereto, shall be known and may be cited as the Kansas
cannabidiol regulation act.
New Sec. 47. As used in the Kansas cannabidiol regulation act:
(a) "Cannabidiol" means the compound (other trade name: 2-[(3-
methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-
benzenediol)) derived from any part of the cannabis sativa plant that
contains not more than 0.3% tetrahydrocannabinol.
(b) (1) "Cannabidiol products" means any product that contains
cannabidiol that is intended for consumption or topical application,
including, but not limited to, oils, lotions, tinctures, edibles and capsules.
(2) "Cannabidiol products" does not include medical cannabis,
medical cannabis concentrate or medical cannabis products, as such terms
are defined in section 2, and amendments thereto, or hemp products, as
defined in K.S.A. 2-3901, and amendments thereto.
(c) "Director" means the director of the division of alcoholic beverage
control.
(d) "Person" means any natural person, corporation, partnership, trust,
association or other form of business organization.
(e) "Retailer" means a person licensed pursuant to this act that
engages in the retail sale of cannabidiol products.
(f) "Sale" means any transfer, exchange or barter in any manner or by
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any means whatsoever for a consideration and includes all sales made by
any person, whether principal, proprietor, agent, servant or employee of a
retailer.
(g) "Secretary" means the secretary of revenue.
New Sec. 48. (a) No person shall engage in the retail sale of
cannabidiol products in this state except as specifically authorized in this
act.
(b) Nothing in this act shall prohibit:
(1) The possession and transportation of cannabidiol products for the
personal use of the possessor, the possessor's family and guests;
(2) any licensed practicing physician or dentist from possessing or
using cannabidiol products in the strict practice of the medical or dental
profession, including any cannabidiol treatment preparations, as defined in
K.S.A. 2023 Supp. 65-6235, and amendments thereto;
(3) any hospital or other institution caring for sick and diseased
persons, from possessing and using cannabidiol products for the treatment
of bona fide patients of such hospital or institution, including any
cannabidiol treatment preparations, as defined in K.S.A. 2023 Supp. 65-
6235, and amendments thereto; or
(4) any pharmacy employing a licensed pharmacist from possessing
and using cannabidiol products in the compounding of prescriptions,
including any cannabidiol treatment preparations, as defined in K.S.A.
2023 Supp. 65-6235, and amendments thereto.
(c) For purposes of this section, "guest" means a natural person who
is known to the host and receives a personal invitation to an event
conducted by the host. "Guest" does not mean a natural person who
receives an invitation to an event conducted by the host when such
invitation has been made available to the general public.
New Sec. 49. (a) A license shall allow a retailer to engage in the retail
sale of cannabidiol products. A license shall permit the retail sale of
cannabidiol products only on the licensed premises and shall not permit
the sale of such products for resale in any form.
(b) A licensee may:
(1) Charge a delivery fee for delivery of cannabidiol products;
(2) distribute to the public, without charge, consumer advertising
specialties bearing advertising matter, subject to rules and regulations of
the secretary limiting the form and distribution of such specialties so that
they are not conditioned on or an inducement to the purchase of
cannabidiol products; and
(3) sell any other good or service on the licensed premises.
New Sec. 50. (a) No license shall be issued to a person who:
(1) Is not a citizen of the United States;
(2) has been convicted of a felony under the laws of this state, any
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other state or the United States, except for any cannabis-related offenses or
any conviction that has been expunged;
(3) has had a license revoked for cause under the provisions of this
act;
(4) is not at least 21 years of age;
(5) intends to carry on the business authorized by the license as agent
of another;
(6) at the time of application for renewal of any license issued under
this act would not be eligible for the license upon a first application;
(7) does not own the premises for which a license is sought, or does
not, at the time of application, have a written lease thereon;
(8) does not provide any data or information required by section 51,
and amendments thereto;
(9) is a copartnership, unless all of the copartners are qualified to
obtain a license;
(10) is a corporation or limited liability company, except as provided
in subsection (b) or (c); or
(11) is a trust, if any grantor, beneficiary or trustee would be
ineligible to receive a license under this act for any reason, except that the
provisions of paragraph (4) shall not apply in determining whether a
beneficiary would be eligible for a license.
(b) Any limited liability company applying for a license shall be
required to meet the qualifications for licensure of a corporation. Such
applicant shall submit a copy of its articles of organization and operating
agreement to the director in such form and manner as prescribed by the
director.
(c) (1) No corporation, either organized under the laws of this state,
any other state or a foreign country, shall be issued a license unless the
corporation has first procured a certificate of authority from the secretary
of state to do business in this state as provided by law, appointed a citizen
of the United States who is a resident of Kansas as its agent and filed with
the director a duly authenticated copy of a duly executed power of
attorney, authorizing the agent to accept service of process from the
director and the courts of this state and to exercise full authority of the
corporation and full authority, control and responsibility for the conduct of
all business and transactions of the corporation within the state relative to
the business licensed and the retail sale of cannabidiol products. The agent
shall be satisfactory to and approved by the director with respect to the
agent's character. The agent shall at all times be maintained by the
corporation.
(2) As a condition precedent to the issuance of a license to a
corporation, such corporation shall file with the secretary of state of the
state of Kansas, a duly authorized and executed power of attorney,
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authorizing the secretary of state to accept service of process from the
director and the courts of this state and to accept service of any notice or
order provided for in this act. Such acts by the secretary of state shall be
fully binding upon the corporation.
New Sec. 51. (a) If an applicant for licensure is not a resident of the
state of Kansas on the date of submission of such application, the director
may require the individual applicant, or if the applicant is a corporation,
partnership or trust, each individual officer, director, stockholder, copartner
or trustee to:
(1) Submit to a national criminal history record check and provide the
director with a legible set of fingerprints;
(2) disclose to the director any substantial financial interest the
applicant owns in any entity that receives proceeds from the sale of
cannabidiol products; and
(3) submit a release allowing the director to have access to and
review of the applicant's financial records to verify ownership and to
ensure that the applicant is not an agent of another person. Such release
shall remain in effect after the license has been issued until the license is
canceled or revoked.
(b) The director shall submit the fingerprints provided under
subsection (a) to the Kansas bureau of investigation and to the federal
bureau of investigation and receive a reply to enable the director to verify
the identity of such applicant or such individuals specified in subsection
(a) and whether such applicant or such individuals have been convicted of
any crimes that would disqualify the applicant or such individuals from
holding a license under this act. The director is authorized to use the
information obtained from the national criminal history record check to
determine such applicant's or individual's eligibility to hold such license.
(c) All costs incurred pursuant to this section to ensure that the
applicant is qualified for licensure shall be paid by the applicant.
(d) If the applicant is not a Kansas resident, no license shall be issued
until the applicant has appointed a citizen of the United States who is a
resident of Kansas as the applicant's agent and filed with the director a
duly authenticated copy of a duly executed power of attorney, authorizing
the agent to accept service of process from the director and the courts of
this state and to exercise full authority, control and responsibility for the
conduct of all business and transactions within the state relative to the
business licensed and the retail sale of cannabidiol products. The agent
shall be satisfactory to and approved by the director, except that the
director shall not approve as an agent any person who:
(1) Has been convicted of a felony under the laws of this state, any
other state or the United States, except for any cannabis-related offenses or
any conviction that has been expunged;
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(2) has had a license issued under this act revoked for cause; or
(3) is less than 21 years of age.
(e) As a condition precedent to the issuance of a license to a
nonresident applicant, such applicant shall file with the secretary of state a
written irrevocable consent that any action or garnishment proceeding may
be commenced against such applicant in the proper court of any county in
this state in which the cause of action arises or in which the plaintiff
resides by the service of process on the resident agent specified in
subsection (d), and stipulating and agreeing that such service shall be
taken and held in all courts to be as valid and binding as if due service had
been made upon the applicant. The written consent shall state that the
courts of this state have jurisdiction over the person of such applicant and
are the proper and convenient forum for such action and shall waive the
right to request a change of jurisdiction or venue to a court outside this
state and that all actions arising under this act and commenced by the
applicant shall be brought in this state's courts as the proper and
convenient forum. Such consent shall be executed by the applicant and if a
corporation, by the president and secretary of the corporate applicant, and
shall be accompanied by a duly certified copy of the order or resolution of
the board of directors, trustees or managers authorizing the president and
secretary to execute such consent.
New Sec. 52. (a) Applications for a license shall be completed and
submitted to the director in such form and manner as prescribed by the
director. Each applicant shall submit an application fee of $25 for each
application or renewal application to defray the cost of processing the
application. Any license fee paid by an applicant shall be returned to the
applicant if the application is denied.
(b) Payment of all fees required to be paid pursuant to this section
may be made by personal, certified or cashier's check, United States post
office money order, debit or credit card or cash, or by electronic payment
authorized by the applicant in a manner prescribed by the director.
(c) All fees received by the director pursuant to this section shall be
remitted by the director to the state treasurer in accordance with the
provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
each such remittance, the state treasurer shall deposit the entire amount in
the state treasury to the credit of the state general fund.
(d) The license fee shall be $50.
New Sec. 53. (a) Except as provided by subsection (b), within 30
days after an application is filed for a license, the director shall enter an
order either denying or granting such license. If the director does not enter
an order within the time prescribed, the license applied for shall be deemed
to have been denied. The director, with the written consent of the
applicant, may delay entering an order on an application for an additional
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period of not to exceed 30 days. A license shall be issued and renewed by
the director to qualified applicants upon written application, receipt of
bond properly executed and payment in advance of the application fee and
the required portion of the license fee.
(b) In order to complete any national criminal history record check of
an applicant, and if the applicant is not a resident of the state of Kansas on
the date of submission of such application or has not been a resident for at
least one year immediately preceding the date of submission of such
application, the director shall enter an order either denying or granting the
license within 90 days after such application is filed. If the director does
not enter an order within the time prescribed, the license applied for shall
be deemed to have been denied. The director, with the written consent of
the applicant, may delay entering an order on an application for an
additional period of not to exceed 30 days.
New Sec. 54. (a) A license shall apply only to the premises described
in the application and in the license issued. Only one location shall be
described in each license. After such license has been granted for such
premises, the director may endorse such license with the permission to
abandon such premises. To obtain such permission the licensee shall file a
written request for such permission with the director that includes a
statement under oath that the new premises to be specified on the license is
in compliance with the requirements of this act. No such change in
premises shall be made by any licensee until such license has been
endorsed to that effect in writing by the director.
(b) Each licensee shall cause such license to be framed and displayed
in plain view in a conspicuous location on the licensed premises.
New Sec. 55. (a) The license term for a license shall commence on
the effective date as specified on the license and shall end two years after
that date unless sooner suspended, involuntarily canceled or revoked. The
director may, at the director's sole discretion and after examination of the
circumstances, extend the license term of any license for not more than 30
days beyond the date such license would expire pursuant to this section.
(b) A license shall be purely a personal privilege and shall not: (1)
Constitute property; (2) be subject to attachment, garnishment or
execution; (3) be alienable or transferable, voluntarily or involuntarily; or
(4) be subject to being encumbered or hypothecated. A license shall not
descend by the laws of testate or intestate devolution but shall cease and
expire upon the death of the licensee, except that executors, administrators
or representatives of the estate of any deceased licensee and the trustee of
any insolvent or bankrupt licensee, when such estate consists in part of
cannabidiol products, may continue the business of the sale of cannabidiol
products under order of the appropriate court and may exercise the
privilege of the deceased, insolvent or bankrupt licensee after the death of
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such decedent, or after such insolvency or bankruptcy, until the expiration
of such license but not longer than one year after the death, bankruptcy or
insolvency of such licensee.
(c) When the licensee pays the full amount of the license fee upon
application and is prevented from operating under such license in
accordance with the provisions of this act for the entire second year of the
license term, a refund shall be made of
1
/2 of the license fee paid by such
licensee. The secretary of revenue may adopt rules and regulations that
provide for the authorization of refunds of
1
/2 of the license fee paid when
the licensee does not use such license for the entire second year of the
license term as a result of the cancellation of the license upon the request
of the licensee for voluntary reasons.
(d) Any licensee may renew such license at the expiration thereof if
such licensee is qualified to receive a license and the premises for which
such renewal license is sought are suitable for such purpose.
New Sec. 56. (a) The director shall propose rules and regulations as
necessary to develop acceptable testing and research practices in
consultation with the laboratory the director has contracted with under
section 27, and amendments thereto, including, but not limited to, testing,
standards, quality control analysis, equipment certification and calibration
and chemical identification and substances used in bona fide research
methods.
(b) The director shall recommend rules and regulations for laboratory
testing performed under this act concerning:
(1) The cleanliness and orderliness of the premises of a laboratory
facility and the establishing of such facilities in secure locations;
(2) the inspection, cleaning and maintenance of any equipment or
utensils used for the analysis of test samples;
(3) testing procedures and standards for cannabinoid and terpenoid
potency and safe levels of contaminants and appropriate remediation and
validation procedures;
(4) controlled access areas for storage of cannabidiol product test
samples, cannabidiol waste and reference standards;
(5) records to be retained and computer systems to be utilized by the
laboratory facility;
(6) the possession, storage and use by the laboratory facility of
reagents, solutions and reference standards;
(7) a certificate of analysis for each lot of reference standard;
(8) the transport and disposal of unused cannabidiol products and
waste;
(9) the mandatory use by a laboratory facility of an inventory tracking
system to ensure all test harvest and production batches or samples
containing cannabidiol products are identified and tracked from the point
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where such batches or samples are transferred from a retailer through the
point of transfer, destruction or disposal. The inventory tracking system
reporting shall include the results of any tests that are conducted;
(10) the employment of laboratory personnel;
(11) a written standard operating procedure manual to be maintained
and updated by the laboratory facility;
(12) the successful participation in a proficiency testing program
approved by the director for conducting testing in order to obtain and
maintain certification;
(13) the establishment of and adherence to a quality assurance and
quality control program to ensure sufficient monitoring of laboratory
processes and the quality of results reported;
(14) the immediate recall of cannabidiol products that test above
allowable thresholds or are otherwise determined to be unsafe;
(15) the establishment by the laboratory of a system to document the
complete chain of custody for samples from receipt through disposal;
(16) the establishment by the laboratory facility of a system to retain
and maintain all required records, including business records, and
processes to ensure results are reported in a timely and accurate manner;
and
(17) any other aspect of laboratory testing of cannabidiol products
deemed necessary by the director.
New Sec. 57. (a) The director shall approve one or more laboratory
facilities for the testing of cannabidiol products in accordance with this
act.
(b) A laboratory facility shall:
(1) Not be owned by a person who is a direct or indirect beneficial
owner of a retailer;
(2) comply with all applicable local ordinances, including, but not
limited to, any zoning, occupancy, licensing and building codes;
(3) establish policies to prevent the existence or appearance of undue
commercial, financial or other influences that diminish, or have the effect
of diminishing the public confidence in, the competency, impartiality and
integrity of the testing processes or results of such laboratory. Such
policies shall prohibit employees, owners or agents of a laboratory who
participate in any aspect of the analysis and results of a sample from
improperly influencing the testing process, manipulating data or benefiting
from any ongoing financial, employment, personal or business relationship
with the licensee that submitted the sample for testing;
(4) not test samples for any retailer in which an owner, employee or
agent of the laboratory facility has any form of ownership or financial
interest in such retailer that submitted the sample for testing;
(5) promptly provide the director access to:
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(A) A report of a test and any underlying data that is conducted on a
sample; and
(B) laboratory premises and to any material or information requested
by the director to determine compliance with the requirements of this
section;
(6) retain all results of laboratory tests conducted on cannabidiol
products for a period of at least two years and make such results available
to the director upon request;
(7) establish standards, policies and procedures for laboratory testing
procedures;
(8) (A) test samples from each harvest batch or product batch, as
appropriate, of cannabidiol product for each of the following categories of
testing, consistent with standards developed by the director:
(i) Microbials;
(ii) mycotoxins;
(iii) residual solvents;
(iv) pesticides;
(v) tetrahydrocannabinol and other cannabinoid potency;
(vi) terpenoid potency type and concentration;
(vii) moisture content;
(viii) homogeneity; and
(ix) heavy metals; and
(B) only accept a test batch of usable cannabidiol product for testing
purposes from a retailer that has separated each cannabidiol production lot
into production batches containing not more than 10 pounds.
(c) A laboratory facility may:
(1) Transfer samples to another laboratory facility for testing. All
laboratory reports provided to a retailer shall identify the laboratory
facility that performed the testing of the sample; and
(2) transport samples of cannabidiol product for testing between the
retailer requesting testing services and the laboratory facility performing
testing services.
(d) (1) A laboratory facility shall be inspected prior to initial approval
and up to six times annually by an inspector approved by the director. The
director may enter the laboratory facility to conduct investigations and
additional inspections when the director believes an investigation or
additional inspection is necessary due to a possible violation of this act.
(2) After January 1, 2025, accreditation by the national environmental
laboratory accreditation program, ANSI/ASQ national accreditation board
or another accrediting body approved by the director shall be required for
approval of a laboratory facility.
New Sec. 58. (a) All cannabidiol products sold at retail in this state
shall be from a batch of such product that has been tested in accordance
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with this act and any rules and regulations adopted pursuant thereto.
(b) A sample of each batch shall be submitted to an approved
laboratory facility for testing by either the manufacturer of such
cannabidiol product or the retailer. The laboratory facility shall certify
each batch that satisfies the definition of cannabidiol product under section
47, and amendments thereto, and any requirements of the director
regarding purity of the product. Any batch that is not certified shall be
destroyed or returned to the manufacturer.
New Sec. 59. (a) Cannabidiol products shall not be sold, conveyed or
otherwise transferred by a retailer to any individual who is less than 18
years of age.
(b) All cannabidiol products shall be sold in sealed, child-proof
packaging that is properly labeled in accordance with rules and regulations
adopted by the secretary. Such packaging shall not contain any words,
images, symbols or other markings that would make the cannabidiol
product appealing to minors.
(c) All cannabidiol products shall be tracked through an electronic
product tracking system approved by the director with each product label
containing a unique quick-response code or other unique identifier for easy
identification in the tracking system.
New Sec. 60. (a) Any citation issued by an agent of the division of
alcoholic beverage control for a violation of this act shall be delivered to
the licensee or a person in charge of the licensed premises at the time of
the alleged violation. A copy of such citation also shall be delivered by
United States mail to the licensee within 30 days of the alleged violation.
(b) Any duly authorized law enforcement officer who observes a
violation of this act may, after serving notice to the licensee or a person in
charge of the licensed premises, submit a report of such violation to the
division of alcoholic beverage control for review. Upon receipt of such
report, the director shall review the report and determine if administrative
action will be taken against the licensee. If the director determines that
administrative action will be taken, an administrative citation and notice of
administrative action shall be delivered by United States mail to the
licensee within 30 days of the date of the alleged violation.
(c) The notice required to be served to the licensee or a person in
charge of the licensed premises at the time of the alleged violation
pursuant to subsection (b) shall be in writing and shall contain the
following:
(1) The name of the licensee;
(2) the date and time of the alleged violation;
(3) a description of the alleged violation; and
(4) a statement that a report of the alleged violation will be submitted
to the division of alcoholic beverage control for review.
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(d) Any citations not issued in accordance with the provisions of this
section shall be void and unenforceable.
(e) For purposes of this section, "person in charge" means any
individual or employee present on the licensed premises at the time of the
alleged violation who is responsible for the operation of the licensed
premises. If no designated individual or employee is a person in charge,
then any employee present is the person in charge.
New Sec. 61. Any licensee who has been the subject of an operation
conducted by the division of alcoholic beverage control or any local law
enforcement agency to determine compliance with the provisions of laws
relating to the retail sale of cannabidiol products shall be issued a written
notice of compliance with such laws within 30 days of the date of such
operation.
New Sec. 62. (a) In addition to or in lieu of any other civil or criminal
penalty provided by law, the director, upon a finding that a licensee has
violated any provision of this act, may impose on such licensee a civil fine
not to exceed $1,000 for each violation.
(b) No fine shall be imposed pursuant to this section except upon the
written order of the director to the licensee who committed the violation.
Such order shall state the violation, the fine to be imposed and the right of
the licensee to appeal the order. Such order shall be subject to appeal and
review in accordance with the provisions of the Kansas administrative
procedure act and K.S.A. 41-321, and amendments thereto.
(c) Any fine imposed pursuant to 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 to the credit
of the state general fund.
New Sec. 63. (a) The director may suspend, involuntarily cancel or
revoke any license issued pursuant to this act if the director determines
that:
(1) The licensee has:
(A) Fraudulently obtained the license by providing false information
on the application therefor, or at any hearing thereon;
(B) violated any of the provisions of the Kansas cannabidiol
regulation act, any rules or regulations adopted pursuant to such act or any
lawful order issued by the director; or
(C) become ineligible to obtain a license or permit under section 50,
and amendments thereto.
(2) the licensee or the licensee's spouse has been convicted of a
violation of the laws of any state or the laws of the United States relating
to controlled substances or has forfeited a bond to appear in court to
answer charges for any such violation within the 10 years immediately
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preceding the date of application for renewal of such license or the date of
revocation of such licensee.
(b) Except as provided in subsection (c), no license shall be
suspended, involuntarily canceled or revoked unless there is an
opportunity for a hearing before the director.
(c) When proceedings for the suspension, involuntary cancellation or
revocation of a license are filed and the licensee has been issued more than
one license for premises in this state, any order of the director suspending
or revoking the license at any one place of business shall suspend or
revoke all licenses issued to the distributor. When one person is the holder
of stock or an ownership interest in two or more corporations licensed
under the provisions of this act, any order of the director suspending or
revoking the license of any such corporation shall operate as a suspension
or revocation of the license of all corporation licensees of which the
person is a stockholder.
(d) Whenever the director denies an application for any license or
suspends, involuntarily cancels or revokes any license, the director shall
prepare an order so providing that shall be signed by the director, or the
director's designee, and the seal of the director shall be affixed thereto. The
order shall state the reason or reasons for the denial, suspension,
involuntary cancellation or revocation. The order shall be served in
accordance with the provisions of K.S.A. 77-531, and amendments
thereto.
(e) Notwithstanding any provision of the law to the contrary, the
secretary may designate the director to be the presiding officer in any
proceeding conducted pursuant to this section.
New Sec. 64. Notwithstanding the provisions of the Kansas
administrative procedure act governing the issuance of any written
administrative notice or order concerning the imposition of any proposed
civil fine or other penalty to be imposed for a violation of any of the
provisions of the Kansas cannabidiol regulation act, such notice or order
shall be issued not later than 90 days after the date that a citation for such
violation was issued.
New Sec. 65. (a) Any applicant or licensee aggrieved by any order of
the director may appeal from such order to the secretary by filing a notice
of appeal with the secretary. Such notice of appeal shall be either mailed to
the secretary by certified mail or filed with the secretary within 15 days
after service of the order being appealed or, if such appeal is taken because
the director has failed to enter the order on an application for a license,
within 15 days after the date that an application for a license is considered
to have been denied as provided in section 53, and amendments thereto.
The notice of appeal shall be filed in such form and manner as prescribed
by the secretary. Whenever any such notice of appeal is filed, the secretary
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shall notify, in writing, the director of such appeal.
(b) For the purpose of hearing or conducting any appeal authorized to
be heard by the secretary, the secretary shall have the power to:
(1) Examine or cause to be examined, under oath, any licensee, the
director or other person and to examine or cause to be examined books and
records of any such licensee;
(2) hear testimony and take proof material for such testimony's
information in hearing such appeal;
(3) administer or cause to be administered oaths; and
(4) issue subpoenas to require the attendance of witnesses and the
production of books that shall be effective in any part of this state.
(c) Any district court may, by order duly entered, require the
attendance of witnesses and the production of relevant books subpoenaed
by the secretary. The district court may compel obedience to the order by
proceedings for contempt.
(d) The provisions of the Kansas administrative procedure act shall
apply to all proceedings involving the following:
(1) Denial of an application for any license to be issued pursuant to
this act;
(2) suspension, involuntary cancellation or revocation of any such
license; and
(3) assessment of any civil fine pursuant to section 15, and
amendments thereto.
New Sec. 66. (a) The director shall propose such rules and
regulations as necessary to carry out the intent and purposes of this act.
After the hearing on a proposed rule and regulation has been held as
required by law, the director shall submit the proposed rule and regulation
to the secretary of revenue who, if the secretary approves it, shall adopt the
rule and regulation.
(b) It is intended by this act that the director of alcoholic beverage
control shall have broad discretionary powers to govern the retail sale of
cannabidiol products and to strictly enforce all the provisions of this act in
the interest of sanitation, purity of products, truthful representation and
honest dealings in such manner as generally will promote the public health
and welfare. All valid rules and regulations adopted under the provisions
of this act shall be absolutely binding upon all licensees and enforceable
by the director of alcoholic beverage control through the power of
suspension, involuntary cancellation or revocation of licenses.
(c) The rules and regulations adopted by the secretary of revenue
shall include:
(1) Prescribing the nature, form and capacity of all cannabidiol
products for sale at retail;
(2) prescribing the nature of and the representations to be shown on
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the labels attached to any cannabidiol products and requiring that such
labels shall set forth in plain and legible print in the English language the
concentration of tetrahydocannabinol in such cannabidiol product;
(3) prescribing administrative procedures for the issuance of licenses
and the investigation of license applications;
(4) prescribing conditions for the issuance of duplicate licenses in lieu
of those lost or destroyed;
(5) prescribing those violations of the rules and regulations for which
licenses shall be suspended, involuntarily canceled or revoked;
(6) establishing standards of purity, sanitation and honest advertising
and representations;
(7) establishing standards for testing cannabidiol products for
tetrahydrocannabinol concentration and any impurities in such products;
and
(8) providing for such other details as are necessary or convenient to
the administration and enforcement of this act.
New Sec. 67. If any provision of the Kansas cannabidiol regulation
act, or its application to any person or circumstance, is determined by a
court to be invalid or unconstitutional, the remaining provisions shall be
construed in accordance with the intent of the legislature to further limit
rather than to expand commerce in cannabidiol products and to enhance
strict regulatory control over the retail sale of cannabidiol products
through the licensure regulatory system imposed by the Kansas
cannabidiol regulation act upon all cannabidiol products.
New Sec. 68. (a) A covered entity, solely on the basis that an
individual consumes medical cannabis in accordance with the provisions
of the Kansas medical cannabis 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.
(b) A covered entity may take into account an individual's
consumption of medical cannabis when making treatment or coverage
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recommendations or decisions, solely to the extent that such consumption
has been found by a physician, following an individualized evaluation of
the individual, to be medically significant to the provision of the
anatomical gift.
(c) Nothing in this section shall be construed to require a covered
entity to make a referral or recommendation for or perform a medically
inappropriate organ transplant.
(d) As used in this section:
(1) The terms "anatomical gift," "covered entity" and "organ
transplant" mean the same as such terms are defined in K.S.A. 65-3276,
and amendments thereto; and
(2) the term "medical cannabis" means the same as defined in section
2, and amendments thereto.
New Sec. 69. (a) No order shall be issued pursuant to K.S.A. 38-
2242, 38-2243 or 38-2244, and amendments thereto, if the sole basis for
the threat to the child's safety or welfare is that the child resides with an
individual who consumes medical cannabis in accordance with the
provisions of the Kansas medical cannabis act, section 1 et seq., and
amendments thereto, or the child consumes medical cannabis in
accordance with such act.
(b) This section shall be a part of and supplemental to the revised
Kansas code for care of children.
New Sec. 70. (a) Notwithstanding any other provision of law, any
person, board, commission or similar body that determines the
qualifications of individuals for licensure, certification or registration shall
not disqualify an individual from licensure, certification or registration
solely because such individual consumes medical cannabis in accordance
with the Kansas medical cannabis 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;
(3) office of the attorney general;
(4) department of health and environment; or
(5) division of alcoholic beverage control.
New Sec. 71. (a) Subject to the provisions of K.S.A. 44-1018, and
amendments thereto, it shall be unlawful for any person:
(1) To refuse to sell or rent after the making of a bona fide offer, to
fail to transmit a bona fide offer or refuse to negotiate in good faith for the
sale or rental of, or otherwise make unavailable or deny, real property to
any person because such person consumes medical cannabis in accordance
with the provisions of the Kansas medical cannabis act, section 1 et seq.,
and amendments thereto;
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(2) to discriminate against any person in the terms, conditions or
privileges of sale or rental of real property, or in the provision of services
or facilities in connection therewith, because such person consumes
medical cannabis in accordance with the provisions of the Kansas medical
cannabis act, section 1 et seq., and amendments thereto; and
(3) to discriminate against any person in such person's use or
occupancy of real property because such person associates with another
person who consumes medical cannabis in accordance with the provisions
of the Kansas medical cannabis act, section 1 et seq., and amendments
thereto.
(b) (1) It shall be unlawful for any person or other entity whose
business includes engaging in real estate-related transactions to
discriminate against any person in making available such a transaction, or
in the terms or conditions of such a transaction, because such person or
any person associated with such person in connection with any real estate
related transaction consumes medical cannabis in accordance with the
provisions of the Kansas medical cannabis act, section 1 et seq., and
amendments thereto.
(2) Nothing in this subsection prohibits a person engaged in the
business of furnishing appraisals of real property to take into consideration
factors other than an individual's consumption of medical cannabis in
accordance with the provisions of the Kansas medical cannabis act, section
1 et seq., and amendments thereto.
(3) As used in this subsection, "real estate related transaction" means
the same as that term is defined in K.S.A. 44-1017, and amendments
thereto.
(c) It shall be unlawful to coerce, intimidate, threaten or interfere with
any person in the exercise or enjoyment of, or on account of such person's
having exercised or enjoyed, or on account of such person's having aided
or encouraged any other person in the exercise or enjoyment of, any right
granted or protected by subsection (a) or (b).
(d) Nothing in this section shall be construed to prohibit a person
from taking any action necessary to procure or retain any monetary benefit
provided under federal law, or any rules and regulations adopted
thereunder, or to obtain or maintain any license, certificate, registration or
other legal status issued or bestowed under federal law, or any rules and
regulations adopted thereunder.
(e) The provisions of this section shall be a part of and supplemental
to the Kansas act against discrimination.
New Sec. 72. (a) Any individual or group health insurance policy,
medical service plan, contract, hospital service corporation contract,
hospital and medical service corporation contract, fraternal benefit society
or health maintenance organization, municipal group-funded pool and the
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state employee healthcare benefits plan shall not exclude coverage for an
insured individual solely on the basis that such insured individual
purchases, possesses or consumes medical cannabis in accordance with the
provisions of the Kansas medical cannabis act, section 1 et seq., and
amendments thereto.
(b) No health insurance exchange established within this state or any
health insurance exchange administered by the federal government or its
agencies within this state shall exclude from coverage an insured
individual solely on the basis that such insured individual purchases,
possesses or consumes medical cannabis in accordance with the provisions
of the Kansas medical cannabis act, section 1 et seq., and amendments
thereto.
(c) Nothing in this section shall be construed to prohibit a person
from taking any action necessary to procure or retain any monetary benefit
provided under federal law, or any rules and regulations adopted
thereunder, or to obtain or maintain any license, certificate, registration or
other legal status issued or bestowed under federal law, or any rules and
regulations adopted thereunder.
Sec. 73. K.S.A. 2-3901 is hereby amended to read as follows: 2-3901.
(a) K.S.A. 2-3901 et seq., and amendments thereto, shall be known and
may be cited as the commercial industrial hemp act.
(b) As used in the commercial industrial hemp act:
(1) "Commercial" means the cultivation or production of industrial
hemp for any purpose authorized under K.S.A 2-3906, and amendments
thereto.
(2) "Delta-9 tetrahydrocannabinol concentration" means the
combined total percentage of delta-9 tetrahydrocannabinol and its optical
isomers, their salts and acids, and salts of their acids, reported as free
THC:
(A) On a dry weight basis, of any part of the plant cannabis sativa L.;
or
(B) on a percentage by weight basis in hemp products, waste or
substances resulting from the production or processing of industrial hemp.
(3) "Effective disposal" includes, but is not limited to:
(A) Destruction; or
(B) any other method of disposing of industrial hemp or hemp
products found to be in violation of this act that is permitted under the
provisions of 7 U.S.C. § 1621 et seq. and any rules and regulations
adopted thereunder.
(4) "Hemp products" means all products made from industrial hemp,
including, but not limited to, cloth, cordage, fiber, food, fuel, paint, paper,
particleboard, plastics, seed, seed meal and seed oil for consumption and
any extract from industrial hemp intended for further processing. Final
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"hemp products" may contain a tetrahydrocannabinol concentration of not
more than 0.3%. As used in this paragraph, "tetrahydrocannabinol
concentration" means the same as in K.S.A. 65-6235(b)(3), and
amendments thereto.
(5) "Hemp producer" means any individual, licensed or otherwise,
engaging in the cultivation or production of industrial hemp for
commercial purposes pursuant to K.S.A. 2-3906, and amendments thereto.
(6) "Hemp processor" means a person registered under K.S.A. 2-
3907, and amendments thereto, to process and manufacture industrial
hemp and hemp products.
(7) "Industrial hemp" means all parts and varieties of the plant
cannabis sativa L., whether growing or not, that contain a delta-9
tetrahydrocannabinol concentration of not more than 0.3% on a dry weight
basis.
(8) "Person" means an individual, corporation, partnership,
association, joint stock company, trust, unincorporated organization or any
similar entity or any combination of the foregoing acting in concert.
(9) "State educational institution" means the university of Kansas,
Kansas state university, Wichita state university, Emporia state university,
Pittsburg state university, Fort Hays state university, or any other
accredited college, university, technical college or community college
within Kansas.
(10) "Authorized seed or clone plants" means a source of industrial
hemp seeds or clone plants that:
(A) Has been certified by a certifying agency, as defined by K.S.A. 2-
1415, and amendments thereto;
(B) has been produced from plants that were tested during the active
growing season and were found to produce industrial hemp having a
tetrahydrocannabinol concentration that does not exceed 0.3% on a dry
weight basis and has been certified in writing by the grower or distributor
of such seeds or clone plants to possess such qualities; or
(C) meets any other authorized standards approved by the Kansas
department of agriculture through rules and regulations, except that no
seed or clone plants shall be considered authorized seed or clone plants if
they do not meet any standard adopted by the United States department of
agriculture pursuant to 7 U.S.C. § 1621 et seq., and amendments thereto.
Sec. 74. K.S.A. 8-1567 is hereby amended to read as follows: 8-1567.
(a) Driving under the influence is operating or attempting to operate any
vehicle within this state while:
(1) The alcohol concentration in the person's blood or breath as
shown by any competent evidence, including other competent evidence, as
defined in K.S.A. 8-1013(f)(1), and amendments thereto, is 0.08 or more;
(2) the alcohol concentration in the person's blood or breath, as
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measured within three hours of the time of operating or attempting to
operate a vehicle, is 0.08 or more;
(3) under the influence of alcohol to a degree that renders the person
incapable of safely driving a vehicle;
(4) under the influence of any drug or combination of drugs to a
degree that renders the person incapable of safely driving a vehicle; or
(5) under the influence of a combination of alcohol and any drug or
drugs to a degree that renders the person incapable of safely driving a
vehicle.
(b) (1) Driving under the influence is:
(A) On a first conviction, a class B, nonperson misdemeanor. The
person convicted shall be sentenced to not less than 48 consecutive hours
nor more than six months' imprisonment, or in the court's discretion 100
hours of public service, and fined not less than $750 nor more than $1,000;
(B) on a second conviction, a class A, nonperson misdemeanor. The
person convicted shall be sentenced to not less than 90 days nor more than
one year's imprisonment and fined not less than $1,250 nor more than
$1,750. The following conditions shall apply to such sentence:
(i) As a condition of any probation granted under this subsection, the
person shall serve at least 120 hours of confinement. The hours of
confinement shall include at least 48 hours of imprisonment and otherwise
may be served by a combination of: Imprisonment; a work release
program, if such work release program requires such person to return to
the confinement at the end of each day in the work release program; or a
house arrest program pursuant to K.S.A. 21-6609, and amendments
thereto;
(ii) (a) if the person is placed into a work release program or placed
under a house arrest program for any portion of the minimum of 120 hours
of confinement mandated by this subsection, the person shall receive hour-
for-hour credit for time served in such program until the minimum
sentence is met. If the person is placed into a work release program or
placed under a house arrest program for more than the minimum of 120
hours of confinement mandated by this subsection, the person shall receive
hour-for-hour credit for time served in such program until the minimum of
120 hours of confinement is completed, and thereafter, the person shall
receive day-for-day credit for time served in such program unless
otherwise ordered by the court; and
(b) when in a work release program, the person shall only be given
credit for the time served in confinement at the end of and continuing to
the beginning of the person's work day. When under a house arrest
program, the person shall be monitored by an electronic monitoring device
that verifies the person's location and shall only be given credit for the
time served within the boundaries of the person's residence;
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(C) on a third conviction, a class A, nonperson misdemeanor, except
as provided in subsection (b)(1)(D). The person convicted shall be
sentenced to not less than 90 days nor more than one year's imprisonment
and fined not less than $1,750 nor more than $2,500. The following
conditions shall apply to such sentence:
(i) As a condition of any probation granted under this subsection, the
person shall serve at least 30 days of confinement. After at least 48
consecutive hours of imprisonment, the remainder of the period of
confinement may be served by a combination of: Imprisonment; a work
release program, if such work release program requires such person to
return to the confinement at the end of each day in the work release
program; or a house arrest program pursuant to K.S.A. 21-6609, and
amendments thereto; and
(ii) (a) if the person is placed into a work release program or placed
under a house arrest program for any portion of the minimum of 30 days
of confinement mandated by this subsection, the person shall receive hour-
for-hour credit for time served in such program for the first 240 hours of
confinement, and thereafter, the person shall receive day-for-day credit for
time served in such program unless otherwise ordered by the court; and
(b) when in a work release program, the person shall only be given
credit for the time served in confinement at the end of and continuing to
the beginning of the person's work day. When under a house arrest
program, the person shall be monitored by an electronic monitoring device
that verifies the person's location and shall only be given credit for the
time served within the boundaries of the person's residence;
(D) on a third conviction, a severity level 6, nonperson felony if the
person has a prior conviction which occurred within the preceding 10
years, not including any period of incarceration. The following conditions
shall apply to such sentence:
(i) As a condition of any probation granted under this subsection, the
person shall serve at least 30 days of confinement. After at least 48
consecutive hours of imprisonment, the remainder of the period of
confinement may be served by a combination of: Imprisonment; a work
release program, if such work release program requires such person to
return to the confinement at the end of each day in the work release
program; or a house arrest program pursuant to K.S.A. 21-6609, and
amendments thereto; and
(ii) (a) if the person is placed into a work release program or placed
under a house arrest program for any portion of the minimum of 30 days
of confinement mandated by this subsection, the person shall receive hour-
for-hour credit for time served in such program for the first 240 hours of
confinement, and thereafter, the person shall receive day-for-day credit for
time served in such program unless otherwise ordered by the court; and
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(b) when in a work release program, the person shall only be given
credit for the time served in confinement at the end of and continuing to
the beginning of the person's work day. When under a house arrest
program, the person shall be monitored by an electronic monitoring device
that verifies the person's location and shall only be given credit for the
time served within the boundaries of the person's residence; and
(E) on a fourth or subsequent conviction, a severity level 6,
nonperson felony. The following conditions shall apply to such sentence:
(i) As a condition of any probation granted under this subsection, the
person shall serve at least 30 days of confinement. After at least 48
consecutive hours of imprisonment, the remainder of the period of
confinement may be served by a combination of: Imprisonment; a work
release program, if such work release program requires such person to
return to the confinement at the end of each day in the work release
program; or a house arrest program pursuant to K.S.A. 21-6609, and
amendments thereto; and
(ii) (a) if the person is placed into a work release program or placed
under a house arrest program for any portion of the minimum of 30 days
of confinement mandated by this subsection, the person shall receive hour-
for-hour credit for time served in such program for the first 240 hours of
confinement, and thereafter, the person shall receive day-for-day credit for
time served in such program unless otherwise ordered by the court; and
(b) when in a work release program, the person shall only be given
credit for the time served in confinement at the end of and continuing to
the beginning of the person's work day. When under a house arrest
program, the person shall be monitored by an electronic monitoring device
that verifies the person's location and shall only be given credit for the
time served within the boundaries of the person's residence.
(2) The court may order that the term of imprisonment imposed
pursuant to subsection (b)(1)(D) or (b)(1)(E) be served in a state facility in
the custody of the secretary of corrections in a facility designated by the
secretary for the provision of substance abuse treatment pursuant to the
provisions of K.S.A. 21-6804, and amendments thereto. The secretary of
corrections may refuse to admit the person to the designated facility and
place the person in a different state facility, or admit the person and
subsequently transfer the person to a different state facility, if the secretary
determines: (A) That substance abuse treatment resources or the capacity
of the facility designated by the secretary for the incarceration and
treatment of the person is not available; (B) the person has failed to
meaningfully participate in the treatment program of the designated
facility; (C) the person is disruptive to the security or operation of the
designated facility; or (D) the medical or mental health condition of the
person renders the person unsuitable for confinement at the designated
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facility. The determination by the secretary that the person either is not to
be admitted into the designated facility or is to be transferred from the
designated facility is not subject to review.
(3) In addition, for any conviction pursuant to subsection (b)(1)(C), at
the time of the filing of the judgment form or journal entry as required by
K.S.A. 22-3426 or K.S.A. 21-6711, and amendments thereto, the court
shall cause a certified copy to be sent to the officer having the offender in
charge. The court shall determine whether the offender, upon release from
imprisonment, shall be supervised by community correctional services or
court services based upon the risk and needs of the offender. The risk and
needs of the offender shall be determined by use of a risk assessment tool
specified by the Kansas sentencing commission. The law enforcement
agency maintaining custody and control of a defendant for imprisonment
shall cause a certified copy of the judgment form or journal entry to be
sent to the supervision office designated by the court and upon expiration
of the term of imprisonment shall deliver the defendant to a location
designated by the supervision office designated by the court. After the term
of imprisonment imposed by the court, the person shall be placed on
supervision to community correctional services or court services, as
determined by the court, for a mandatory one-year period of supervision,
which such period of supervision shall not be reduced. During such
supervision, the person shall be required to participate in a
multidisciplinary model of services for substance use disorders facilitated
by a Kansas department for aging and disability services designated care
coordination agency to include assessment and, if appropriate, referral to a
community based substance use disorder treatment including recovery
management and mental health counseling as needed. The
multidisciplinary team shall include the designated care coordination
agency, the supervision officer, the Kansas department for aging and
disability services designated treatment provider and the offender. An
offender for whom a warrant has been issued by the court alleging a
violation of this supervision shall be considered a fugitive from justice if it
is found that the warrant cannot be served. If it is found the offender has
violated the provisions of this supervision, the court shall determine
whether the time from the issuing of the warrant to the date of the court's
determination of an alleged violation, or any part of it, shall be counted as
time served on supervision. Any violation of the conditions of such
supervision may subject such person to revocation of supervision and
imprisonment in jail for the remainder of the period of imprisonment, the
remainder of the supervision period, or any combination or portion
thereof. The term of supervision may be extended at the court's discretion
beyond one year, and any violation of the conditions of such extended term
of supervision may subject such person to the revocation of supervision
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and imprisonment in jail of up to the remainder of the original sentence,
not the term of the extended supervision.
(4) In addition, prior to sentencing for any conviction pursuant to
subsection (b)(1)(A) or (b)(1)(B), the court shall order the person to
participate in an alcohol and drug evaluation conducted by a provider in
accordance with K.S.A. 8-1008, and amendments thereto. The person shall
be required to follow any recommendation made by the provider after such
evaluation, unless otherwise ordered by the court.
(c) Any person 18 years of age or older convicted of violating this
section or an ordinance which prohibits the acts that this section prohibits
who had one or more children under the age of 18 years in the vehicle at
the time of the offense shall have such person's punishment enhanced by
one month of imprisonment. This imprisonment must be served
consecutively to any other minimum mandatory penalty imposed for a
violation of this section or an ordinance which prohibits the acts that this
section prohibits. Any enhanced penalty imposed shall not exceed the
maximum sentence allowable by law. During the service of the enhanced
penalty, the judge may order the person on house arrest, work release or
other conditional release.
(d) (1) If a person is charged with a violation of subsection (a)(4) or
(a)(5), the fact that the person is or has been entitled to use the drug under
the laws of this state shall not constitute a defense against the charge.
(2) The fact that a person tests positive for the presence of cannabis
metabolites shall not constitute a violation of subsection (a)(4) or (a)(5).
(e) The court may establish the terms and time for payment of any
fines, fees, assessments and costs imposed pursuant to this section. Any
assessment and costs shall be required to be paid not later than 90 days
after imposed, and any remainder of the fine shall be paid prior to the final
release of the defendant by the court.
(f) (1) In lieu of payment of a fine imposed pursuant to this section,
the court may order that the person perform community service specified
by the court. The person shall receive a credit on the fine imposed in an
amount equal to $5 for each full hour spent by the person in the specified
community service. The community service ordered by the court shall be
required to be performed not later than one year after the fine is imposed
or by an earlier date specified by the court. If by the required date the
person performs an insufficient amount of community service to reduce to
zero the portion of the fine required to be paid by the person, the
remaining balance of the fine shall become due on that date.
(2) The court may, in its discretion, waive any portion of a fine
imposed pursuant to this section, except the $250 required to be remitted
to the state treasurer pursuant to subsection (q)(2), upon a showing that the
person successfully completed court-ordered education or treatment.
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(g) Prior to filing a complaint alleging a violation of this section, a
prosecutor shall request and shall receive from the:
(1) Division a record of all prior convictions obtained against such
person for any violations of any of the motor vehicle laws of this state; and
(2) Kansas bureau of investigation central repository all criminal
history record information concerning such person.
(h) The court shall electronically report every conviction of a
violation of this section and every diversion agreement entered into in lieu
of further criminal proceedings on a complaint alleging a violation of this
section to the division including any finding regarding the alcohol
concentration in the offender's blood or breath. Prior to sentencing under
the provisions of this section, the court shall request and shall receive from
the division a record of all prior convictions obtained against such person
for any violations of any of the motor vehicle laws of this state.
(i) For the purpose of determining whether a conviction is a first,
second, third, fourth or subsequent conviction in sentencing under this
section:
(1) Convictions for a violation of this section, or a violation of an
ordinance of any city or resolution of any county that prohibits the acts
that this section prohibits, or entering into a diversion agreement in lieu of
further criminal proceedings on a complaint alleging any such violations,
shall be taken into account, but only convictions or diversions occurring
on or after July 1, 2001. Nothing in this provision shall be construed as
preventing any court from considering any convictions or diversions
occurring during the person's lifetime in determining the sentence to be
imposed within the limits provided for a first, second, third, fourth or
subsequent offense;
(2) any convictions for a violation of the following sections occurring
during a person's lifetime shall be taken into account:
(A) Driving a commercial motor vehicle under the influence, K.S.A.
8-2,144, and amendments thereto;
(B) operating a vessel under the influence of alcohol or drugs, K.S.A.
32-1131, and amendments thereto;
(C) involuntary manslaughter while driving under the influence of
alcohol or drugs, K.S.A. 21-3442, prior to its repeal, or K.S.A. 21-5405(a)
(3) or (a)(5), and amendments thereto;
(D) aggravated battery as described in K.S.A. 21-5413(b)(3) or (b)
(4), and amendments thereto; and
(E) aggravated vehicular homicide, K.S.A. 21-3405a, prior to its
repeal, or vehicular battery, K.S.A. 21-3405b, prior to its repeal, if the
crime was committed while committing a violation of K.S.A. 8-1567, and
amendments thereto;
(3) "conviction" includes:
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(A) Entering into a diversion agreement in lieu of further criminal
proceedings on a complaint alleging an offense described in subsection (i)
(2); and
(B) conviction of a violation of an ordinance of a city in this state, a
resolution of a county in this state or any law of another jurisdiction that
would constitute an offense that is comparable to the offense described in
subsection (i)(1) or (i)(2);
(4) multiple convictions of any crime described in subsection (i)(1) or
(i)(2) arising from the same arrest shall only be counted as one conviction;
(5) it is irrelevant whether an offense occurred before or after
conviction for a previous offense; and
(6) a person may enter into a diversion agreement in lieu of further
criminal proceedings for a violation of this section, and amendments
thereto, or an ordinance which prohibits the acts of this section, and
amendments thereto, only once during the person's lifetime.
(j) For the purposes of determining whether an offense is comparable,
the following shall be considered:
(1) The name of the out-of-jurisdiction offense;
(2) the elements of the out-of-jurisdiction offense; and
(3) whether the out-of-jurisdiction offense prohibits similar conduct
to the conduct prohibited by the closest approximate Kansas offense.
(k) Upon conviction of a person of a violation of this section or a
violation of a city ordinance or county resolution prohibiting the acts
prohibited by this section, the division, upon receiving a report of
conviction, shall suspend, restrict or suspend and restrict the person's
driving privileges as provided by K.S.A. 8-1014, and amendments thereto.
(l) (1) Nothing contained in this section shall be construed as
preventing any city from enacting ordinances, or any county from adopting
resolutions, declaring acts prohibited or made unlawful by this act as
unlawful or prohibited in such city or county and prescribing penalties for
violation thereof.
(2) The minimum penalty prescribed by any such ordinance or
resolution shall not be less than the minimum penalty prescribed by this
section for the same violation, and the maximum penalty in any such
ordinance or resolution shall not exceed the maximum penalty prescribed
for the same violation.
(3) On and after July 1, 2007, and retroactive for ordinance violations
committed on or after July 1, 2006, an ordinance may grant to a municipal
court jurisdiction over a violation of such ordinance which is concurrent
with the jurisdiction of the district court over a violation of this section,
notwithstanding that the elements of such ordinance violation are the same
as the elements of a violation of this section that would constitute, and be
punished as, a felony.
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(4) Any such ordinance or resolution shall authorize the court to order
that the convicted person pay restitution to any victim who suffered loss
due to the violation for which the person was convicted.
(m) (1) Upon the filing of a complaint, citation or notice to appear
alleging a person has violated a city ordinance prohibiting the acts
prohibited by this section, and prior to conviction thereof, a city attorney
shall request and shall receive from the:
(A) Division a record of all prior convictions obtained against such
person for any violations of any of the motor vehicle laws of this state; and
(B) Kansas bureau of investigation central repository all criminal
history record information concerning such person.
(2) If the elements of such ordinance violation are the same as the
elements of a violation of this section that would constitute, and be
punished as, a felony, the city attorney shall refer the violation to the
appropriate county or district attorney for prosecution.
(n) No plea bargaining agreement shall be entered into nor shall any
judge approve a plea bargaining agreement entered into for the purpose of
permitting a person charged with a violation of this section, or a violation
of any ordinance of a city or resolution of any county in this state which
prohibits the acts prohibited by this section, to avoid the mandatory
penalties established by this section or by the ordinance. For the purpose
of this subsection, entering into a diversion agreement pursuant to K.S.A.
12-4413 et seq. or 22-2906 et seq., and amendments thereto, shall not
constitute plea bargaining. This subsection shall not be construed to
prohibit an amendment or dismissal of any charge where the admissible
evidence is not sufficient to support a conviction beyond a reasonable
doubt on such charge.
(o) The alternatives set out in subsection (a) may be pleaded in the
alternative, and the state, city or county may, but shall not be required to,
elect one or more of such alternatives prior to submission of the case to the
fact finder.
(p) As used in this section:
(1) "Alcohol concentration" means the number of grams of alcohol
per 100 milliliters of blood or per 210 liters of breath;
(2) "imprisonment" includes any restrained environment in which the
court and law enforcement agency intend to retain custody and control of a
defendant and such environment has been approved by the board of county
commissioners or the governing body of a city; and
(3) "drug" includes toxic vapors as such term is defined in K.S.A. 21-
5712, and amendments thereto.
(q) (1) The amount of the increase in fines as specified in this section
shall be remitted by the clerk of the district court to the state treasurer in
accordance with the provisions of K.S.A. 75-4215, and amendments
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thereto. Upon receipt of remittance of the increase provided in this act, the
state treasurer shall deposit the entire amount in the state treasury and the
state treasurer shall credit 50% to the community alcoholism and
intoxication programs fund and 50% to the department of corrections
alcohol and drug abuse treatment fund, which is hereby created in the state
treasury.
(2) On and after July 1, 2011, the amount of $250 from each fine
imposed pursuant to this section shall be remitted by the clerk of the
district court 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 credit the entire amount to the
community corrections supervision fund established by K.S.A. 75-52,113,
and amendments thereto.
Sec. 75. 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
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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-
5705, and amendments thereto.
(g) The provisions of this section shall not apply to a licensee, 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 Kansas medical cannabis act, section 1 et seq., and
amendments thereto.
Sec. 76. 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),
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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
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
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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:
(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 licensee,
as such term is defined in section 2, and amendments thereto, or any
employee or agent thereof that is growing, testing, processing, distributing
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or selling medical cannabis or medical cannabis products, as such terms
are defined in section 2, and amendments thereto, in accordance with the
Kansas medical cannabis 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.
(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. 77. 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
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(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
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
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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 If the substance involved is medical cannabis or a medical
cannabis product, 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 has been issued a valid identification card pursuant to section
9, and amendments thereto, and whose possession is authorized by the
Kansas medical cannabis act, section 1 et seq., and amendments thereto.
(e) 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. 78. 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 Kansas medical
cannabis 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. 79. 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.
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(b) It shall be unlawful for any person to use or possess with intent to
use any drug paraphernalia to:
(1) Manufacture, cultivate, plant, propagate, harvest, test, analyze or
distribute a controlled substance; or
(2) store, contain, conceal, inject, ingest, inhale or otherwise
introduce a controlled substance into the human body.
(c) It shall be unlawful for any person to use or possess with intent to
use anhydrous ammonia or pressurized ammonia in a container not
approved for that chemical by the Kansas department of agriculture.
(d) It shall be unlawful for any person to purchase, receive or
otherwise acquire at retail any compound, mixture or preparation
containing more than 3.6 grams of pseudoephedrine base or ephedrine
base in any single transaction or any compound, mixture or preparation
containing more than nine grams of pseudoephedrine base or ephedrine
base within any 30-day period.
(e) (1) Violation of subsection (a) is a drug severity level 3 felony;
(2) violation of subsection (b)(1) is a:
(A) Drug severity level 5 felony, except as provided in subsection (e)
(2)(B); and
(B) class B nonperson misdemeanor if the drug paraphernalia was
used to cultivate fewer than five marijuana plants;
(3) violation of subsection (b)(2) is a class B nonperson
misdemeanor;
(4) violation of subsection (c) is a drug severity level 5 felony; and
(5) violation of subsection (d) is a class A nonperson misdemeanor.
(f) For persons arrested and charged under subsection (a) or (c), bail
shall be at least $50,000 cash or surety, and such person shall not be
released upon the person's own recognizance pursuant to K.S.A. 22-2802,
and amendments thereto, unless the court determines, on the record, that
the defendant is not likely to reoffend, the court imposes pretrial
supervision or the defendant agrees to participate in a licensed or certified
drug treatment program.
(g) The provisions of subsection (b) shall not apply to any person
who has been issued a valid identification card pursuant to section 9, and
amendments thereto, and 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 Kansas medical
cannabis act, section 1 et seq., and amendments thereto.
Sec. 80. 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
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phosphorus, lithium metal, sodium metal, iodine, anhydrous ammonia,
pressurized ammonia or phenylpropanolamine or their salts, isomers or
salts of isomers if the person knows or reasonably should know that the
purchaser will use the product to manufacture a controlled substance or
controlled substance analog; or
(2) any product containing ephedrine, pseudoephedrine or
phenylpropanolamine, or their salts, isomers or salts of isomers for
indication of stimulation, mental alertness, weight loss, appetite control,
energy or other indications not approved pursuant to the pertinent federal
over-the-counter drug final monograph or tentative final monograph or
approved new drug application.
(b) It shall be unlawful for any person to distribute, possess with the
intent to distribute or manufacture with intent to distribute any drug
paraphernalia, knowing or under circumstances where one reasonably
should know that it will be used to manufacture or distribute a controlled
substance or controlled substance analog in violation of K.S.A. 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
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subsection (e)(4)(B) subparagraph (B); and
(B) nondrug severity level 9, nonperson felony if the trier of fact
makes a finding that the offender distributed or caused drug paraphernalia
to be distributed to a minor or on or within 1,000 feet of any school
property.
(f) For persons arrested and charged under subsection (a), bail shall
be at least $50,000 cash or surety, and such person shall not be released
upon the person's own recognizance pursuant to K.S.A. 22-2802, and
amendments thereto, unless the court determines, on the record, that the
defendant is not likely to re-offend, the court imposes pretrial supervision
or the defendant agrees to participate in a licensed or certified drug
treatment program.
(g) The provisions of subsection (c) shall not apply to any licensee, 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 Kansas
medical cannabis 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. 81. K.S.A. 21-6109 is hereby amended to read as follows: 21-
6109. As used in K.S.A. 21-6109 through 21-6116, and amendments
thereto:
(a) "Access point" means the area within a ten foot radius outside of
any doorway, open window or air intake leading into a building or facility
that is not exempted pursuant to K.S.A. 21-6110(d), and amendments
thereto.
(b) "Bar" means any indoor area that is operated and licensed for the
sale and service of alcoholic beverages, including alcoholic liquor as
defined in K.S.A. 41-102, and amendments thereto, or cereal malt
beverages as defined in K.S.A. 41-2701, and amendments thereto, for on-
premises consumption.
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(c) "Cannabis" means the same as defined in section 2, and
amendments thereto.
(d) "Electronic cigarette" means the same as defined in K.S.A. 79-
3301, and amendments thereto.
(e) "Employee" means any person who is employed by an employer
in consideration for direct or indirect monetary wages or profit and any
person who volunteers their services for a nonprofit entity.
(d)(f) "Employer" means any person, partnership, corporation,
association or organization, including municipal or nonprofit entities, that
employs one or more individual persons.
(e)(g) "Enclosed area" means all space between a floor and ceiling
that is enclosed on all sides by solid walls, windows or doorways that
extend from the floor to the ceiling, including all space therein screened by
partitions that do not extend to the ceiling or are not solid or similar
structures. For purposes of this section, the following shall not be
considered an "enclosed area": (1) Rooms or areas, enclosed by walls,
windows or doorways, having neither a ceiling nor a roof and that are
completely open to the elements and weather at all times; and (2) rooms or
areas, enclosed by walls, fences, windows or doorways and a roof or
ceiling, having openings that are permanently open to the elements and
weather and that comprise an area that is at least 30% of the total
perimeter wall area of such room or area.
(f)(h) "Food service establishment" means any place in which food is
served or is prepared for sale or service on the premises. Such term shall
include, but not be limited to, fixed or mobile restaurants, coffee shops,
cafeterias, short-order cafes, luncheonettes, grills, tea rooms, sandwich
shops, soda fountains, taverns, private clubs, roadside kitchens,
commissaries and any other private, public or nonprofit organization or
institution routinely serving food and any other eating or drinking
establishment or operation where food is served or provided for the public
with or without charge.
(g)(i) "Gaming floor" means the area of a lottery gaming facility or
racetrack gaming facility, as those terms are defined in K.S.A. 74-8702,
and amendments thereto, where patrons engage in Class III gaming. The
gaming floor shall not include any areas used for accounting, maintenance,
surveillance, security, administrative offices, storage, cash or cash
counting, records, food service, lodging or entertainment, except that the
gaming floor may include a bar where alcoholic beverages are served so
long as the bar is located entirely within the area where Class III gaming is
conducted.
(h)(j) "Medical care facility" means a physician's office, general
hospital, special hospital, ambulatory surgery center or recuperation center,
as defined by K.S.A. 65-425, and amendments thereto, and any psychiatric
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hospital licensed under K.S.A. 39-2001 et seq., and amendments thereto.
(i)(k) "Outdoor recreational facility" means a hunting, fishing,
shooting or golf club, business or enterprise operated primarily for the
benefit of its owners, members and their guests and not normally open to
the general public.
(j)(l) "Place of employment" means any enclosed area under the
control of a public or private employer, including, but not limited to, work
areas, auditoriums, elevators, private offices, employee lounges and
restrooms, conference and meeting rooms, classrooms, employee
cafeterias, stairwells and hallways, that is used by employees during the
course of employment. For purposes of this section, a private residence
shall not be considered a "place of employment" unless such residence is
used as a day care home, as defined in K.S.A. 65-530, and amendments
thereto.
(k)(m) "Private club" means an outdoor recreational facility operated
primarily for the use of its owners, members and their guests that in its
ordinary course of business is not open to the general public for which use
of its facilities has substantial dues or membership fee requirements for its
members.
(l)(n) "Public building" means any building owned or operated by: (1)
The state, including any branch, department, agency, bureau, commission,
authority or other instrumentality thereof; (2) any county, city, township,
other political subdivision, including any commission, authority, agency or
instrumentality thereof; or (3) any other separate corporate instrumentality
or unit of the state or any municipality.
(m)(o) "Public meeting" means any meeting open to the public
pursuant to K.S.A. 75-4317 et seq., and amendments thereto, or any other
law of this state.
(n)(p) "Public place" means any enclosed areas open to the public or
used by the general public including, but not limited to: Banks, bars, food
service establishments, retail service establishments, retail stores, public
means of mass transportation, passenger elevators, health care institutions
or any other place where health care services are provided to the public,
medical care facilities, educational facilities, libraries, courtrooms, public
buildings, restrooms, grocery stores, school buses, museums, theaters,
auditoriums, arenas and recreational facilities. For purposes of this section,
a private residence shall not be considered a "public place" unless such
residence is used as a day care home, as defined in K.S.A. 65-530, and
amendments thereto.
(o)(q) "Smoking" means possession of a lighted cigarette, cigar, pipe
or the use of an electronic cigarette, or burning tobacco or cannabis in any
other form or device designed for the use of tobacco or cannabis,
including for the consumption of a medical cannabis product, as defined
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in section 2, and amendments thereto.
(p)(r) "Tobacco shop" means any indoor area operated primarily for
the retail sale of tobacco, tobacco products or smoking devices or
accessories, and that derives not less than 65% of its gross receipts from
the sale of tobacco.
(q)(s) "Substantial dues or membership fee requirements" means
initiation costs, dues or fees proportional to the cost of membership in
similarly-situated outdoor recreational facilities that are not considered
nominal and implemented to otherwise avoid or evade restrictions of a
statewide ban on smoking.
Sec. 82. K.S.A. 21-6607 is hereby amended to read as follows: 21-
6607. (a) Except as required by subsection (c), nothing in this section shall
be construed to limit the authority of the court to impose or modify any
general or specific conditions of probation, suspension of sentence or
assignment to a community correctional services program. The court
services officer or community correctional services officer may
recommend, and the court may order, the imposition of any conditions of
probation, suspension of sentence or assignment to a community
correctional services program. For crimes committed on or after July 1,
1993, in presumptive nonprison cases, the court services officer or
community correctional services officer may recommend, and the court
may order, the imposition of any conditions of probation or assignment to
a community correctional services program. The court may at any time
order the modification of such conditions, after notice to the court services
officer or community correctional services officer and an opportunity for
such officer to be heard thereon. The court shall cause a copy of any such
order to be delivered to the court services officer and the probationer or to
the community correctional services officer and the community corrections
participant, as the case may be. The provisions of K.S.A. 75-5291, and
amendments thereto, shall be applicable to any assignment to a community
correctional services program pursuant to this section.
(b) Except as provided in subsection (d), the court may impose any
conditions of probation, suspension of sentence or assignment to a
community correctional services program that the court deems proper,
including, but not limited to, requiring that the defendant:
(1) Avoid such injurious or vicious habits, as directed by the court,
court services officer or community correctional services officer;
(2) avoid such persons or places of disreputable or harmful character,
as directed by the court, court services officer or community correctional
services officer;
(3) report to the court services officer or community correctional
services officer as directed;
(4) permit the court services officer or community correctional
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services officer to visit the defendant at home or elsewhere;
(5) work faithfully at suitable employment insofar as possible;
(6) remain within the state unless the court grants permission to
leave;
(7) pay a fine or costs, applicable to the offense, in one or several
sums and in the manner as directed by the court;
(8) support the defendant's dependents;
(9) reside in a residential facility located in the community and
participate in educational, counseling, work and other correctional or
rehabilitative programs;
(10) perform community or public service work for local
governmental agencies, private corporations organized not for profit, or
charitable or social service organizations performing services for the
community;
(11) perform services under a system of day fines whereby the
defendant is required to satisfy fines, costs or reparation or restitution
obligations by performing services for a period of days, determined by the
court on the basis of ability to pay, standard of living, support obligations
and other factors;
(12) participate in a house arrest program pursuant to K.S.A. 21-
6609, and amendments thereto;
(13) order the defendant to pay the administrative fee authorized by
K.S.A. 22-4529, and amendments thereto, unless waived by the court; or
(14) in felony cases, except for violations of K.S.A. 8-1567, and
amendments thereto, be confined in a county jail not to exceed 60 days,
which need not be served consecutively.
(c) Except as provided in subsection (d), in addition to any other
conditions of probation, suspension of sentence or assignment to a
community correctional services program, the court shall order the
defendant to comply with each of the following conditions:
(1) The defendant shall obey all laws of the United States, the state of
Kansas and any other jurisdiction to the laws of which the defendant may
be subject;
(2) make reparation or restitution to the aggrieved party for the
damage or loss caused by the defendant's crime in accordance with K.S.A.
21-6604(b), and amendments thereto;
(3) (A) pay a correctional supervision fee of $60 if the person was
convicted of a misdemeanor or a fee of $120 if the person was convicted
of a felony. In any case the amount of the correctional supervision fee
specified by this paragraph may be reduced or waived by the judge if the
person is unable to pay that amount;
(B) the correctional supervision fee imposed by this paragraph shall
be charged and collected by the district court. The clerk of the district
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court shall remit all revenues received under this paragraph from
correctional supervision fees to the state treasurer in accordance with the
provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
each such remittance, the state treasurer shall deposit the entire amount in
the state treasury to the credit of the state general fund, a sum equal to
41.67% of such remittance, and to the correctional supervision fund, a sum
equal to 58.33% of such remittance;
(C) this paragraph shall apply to persons placed on felony or
misdemeanor probation or released on misdemeanor parole to reside in
Kansas and supervised by Kansas court services officers under the
interstate compact for offender supervision; and
(D) this paragraph shall not apply to persons placed on probation or
released on parole to reside in Kansas under the uniform act for out-of-
state parolee supervision;
(4) reimburse the state general fund for all or a part of the
expenditures by the state board of indigents' defense services to provide
counsel and other defense services to the defendant. In determining the
amount and method of payment of such sum, the court shall take account
of the financial resources of the defendant and the nature of the burden that
payment of such sum will impose. A defendant who has been required to
pay such sum and who is not willfully in default in the payment thereof
may at any time petition the court which sentenced the defendant to waive
payment of such sum or of any unpaid portion thereof. If it appears to the
satisfaction of the court that payment of the amount due will impose
manifest hardship on the defendant or the defendant's immediate family,
the court may waive payment of all or part of the amount due or modify
the method of payment. The amount of attorney fees to be included in the
court order for reimbursement shall be the amount claimed by appointed
counsel on the payment voucher for indigents' defense services or the
amount prescribed by the board of indigents' defense services
reimbursement tables as provided in K.S.A. 22-4522, and amendments
thereto, whichever is less;
(5) be subject to searches of the defendant's person, effects, vehicle,
residence and property by a court services officer, a community
correctional services officer and any other law enforcement officer based
on reasonable suspicion of the defendant violating conditions of probation
or criminal activity; and
(6) be subject to random, but reasonable, tests for drug and alcohol
consumption as ordered by a court services officer or community
correctional services officer.
(d) For any defendant who has been issued a valid identification card
pursuant to section 9, and amendments thereto, the court shall not order
any condition that prohibits such defendant from purchasing, possessing
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or consuming medical cannabis or medical cannabis products, as such
terms are defined in section 2, and amendments thereto, in accordance
with the Kansas medical cannabis act, section 1 et seq., and amendments
thereto.
(e) Any law enforcement officer conducting a search pursuant to
subsection (c)(5) shall submit a written report to the appropriate court
services officer or community correctional services officer no later than
the close of the next business day after such search. The written report
shall include the facts leading to such search, the scope of such search and
any findings resulting from such search.
(e)(f) There is hereby established in the state treasury the correctional
supervision fund. All moneys credited to the correctional supervision fund
shall be used for: (1) The implementation of and training for use of a
statewide, mandatory, standardized risk assessment tool or instrument as
specified by the Kansas sentencing commission, pursuant to K.S.A. 75-
5291, and amendments thereto; (2) the implementation of and training for
use of a statewide, mandatory, standardized risk assessment tool or
instrument for juveniles adjudicated to be juvenile offenders; and (3)
evidence-based adult and juvenile offender supervision programs by
judicial branch personnel. If all expenditures for the program have been
paid and moneys remain in the correctional supervision fund for a fiscal
year, remaining moneys may be expended from the correctional
supervision fund to support adult and juvenile offender supervision by
court services officers. All expenditures from the correctional supervision
fund shall be made in accordance with appropriation acts upon warrants of
the director of accounts and reports issued pursuant to vouchers approved
by the chief justice of the Kansas supreme court or by a person or persons
designated by the chief justice.
Sec. 83. K.S.A. 22-3717 is hereby amended to read as follows: 22-
3717. (a) Except as otherwise provided by this section; K.S.A. 1993 Supp.
21-4628, prior to its repeal; K.S.A. 21-4624, 21-4635 through 21-4638 and
21-4642, prior to their repeal; K.S.A. 21-6617, 21-6620, 21-6623, 21-
6624, 21-6625 and 21-6626, and amendments thereto; and K.S.A. 8-1567,
and amendments thereto; an inmate, including an inmate sentenced
pursuant to K.S.A. 21-4618, prior to its repeal, or K.S.A. 21-6707, and
amendments thereto, shall be eligible for parole after serving the entire
minimum sentence imposed by the court, less good time credits.
(b) (1) An inmate sentenced to imprisonment for life without the
possibility of parole pursuant to K.S.A. 21-6617, and amendments thereto,
shall not be eligible for parole.
(2) Except as provided by K.S.A. 21-4635 through 21-4638, prior to
their repeal, and K.S.A. 21-6620, 21-6623, 21-6624 and 21-6625, and
amendments thereto, an inmate sentenced to imprisonment for the crime
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of: (A) Capital murder committed on or after July 1, 1994, shall be eligible
for parole after serving 25 years of confinement, without deduction of any
good time credits; (B) murder in the first degree based upon a finding of
premeditated murder committed on or after July 1, 1994, but prior to July
1, 2014, shall be eligible for parole after serving 25 years of confinement,
without deduction of any good time credits; and (C) murder in the first
degree as described in K.S.A. 21-5402(a)(2), and amendments thereto,
committed on or after July 1, 2014, shall be eligible for parole after
serving 25 years of confinement, without deduction of any good time
credits.
(3) Except as provided by subsections (b)(1), (b)(2) and (b)(5),
K.S.A. 1993 Supp. 21-4628, prior to its repeal, K.S.A. 21-4635 through
21-4638, prior to their repeal, and K.S.A. 21-6620, 21-6623, 21-6624 and
21-6625, and amendments thereto, an inmate sentenced to imprisonment
for an off-grid offense committed on or after July 1, 1993, but prior to July
1, 1999, shall be eligible for parole after serving 15 years of confinement,
without deduction of any good time credits and an inmate sentenced to
imprisonment for an off-grid offense committed on or after July 1, 1999,
shall be eligible for parole after serving 20 years of confinement without
deduction of any good time credits.
(4) Except as provided by K.S.A. 1993 Supp. 21-4628, prior to its
repeal, an inmate sentenced for a class A felony committed before July 1,
1993, including an inmate sentenced pursuant to K.S.A. 21-4618, prior to
its repeal, or K.S.A. 21-6707, and amendments thereto, shall be eligible for
parole after serving 15 years of confinement, without deduction of any
good time credits.
(5) An inmate sentenced to imprisonment for a violation of K.S.A.
21-3402(a), prior to its repeal, committed on or after July 1, 1996, but
prior to July 1, 1999, shall be eligible for parole after serving 10 years of
confinement without deduction of any good time credits.
(6) An inmate sentenced to imprisonment pursuant to K.S.A. 21-
4643, prior to its repeal, or K.S.A. 21-6627, and amendments thereto,
committed on or after July 1, 2006, shall be eligible for parole after
serving the mandatory term of imprisonment without deduction of any
good time credits.
(c) (1) Except as provided in subsection (e), if an inmate is sentenced
to imprisonment for more than one crime and the sentences run
consecutively, the inmate shall be eligible for parole after serving the total
of:
(A) The aggregate minimum sentences, as determined pursuant to
K.S.A. 21-4608, prior to its repeal, or K.S.A. 21-6606, and amendments
thereto, less good time credits for those crimes which are not class A
felonies; and
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(B) an additional 15 years, without deduction of good time credits,
for each crime which is a class A felony.
(2) If an inmate is sentenced to imprisonment pursuant to K.S.A. 21-
4643, prior to its repeal, or K.S.A. 21-6627, and amendments thereto, for
crimes committed on or after July 1, 2006, the inmate shall be eligible for
parole after serving the mandatory term of imprisonment.
(d) (1) Persons sentenced for crimes, other than off-grid crimes,
committed on or after July 1, 1993, or persons subject to subparagraph
(G), will not be eligible for parole, but will be released to a mandatory
period of postrelease supervision upon completion of the prison portion of
their sentence as follows:
(A) Except as provided in subparagraphs (D) and (E), persons
sentenced for nondrug severity levels 1 through 4 crimes, drug severity
levels 1 and 2 crimes committed on or after July 1, 1993, but prior to July
1, 2012, and drug severity levels 1, 2 and 3 crimes committed on or after
July 1, 2012, must serve 36 months on postrelease supervision.
(B) Except as provided in subparagraphs (D) and (E), persons
sentenced for nondrug severity levels 5 and 6 crimes, drug severity level 3
crimes committed on or after July 1, 1993, but prior to July 1, 2012, and
drug severity level 4 crimes committed on or after July 1, 2012, must serve
24 months on postrelease supervision.
(C) Except as provided in subparagraphs (D) and (E), persons
sentenced for nondrug severity levels 7 through 10 crimes, drug severity
level 4 crimes committed on or after July 1, 1993, but prior to July 1,
2012, and drug severity level 5 crimes committed on or after July 1, 2012,
must serve 12 months on postrelease supervision.
(D) Persons sentenced to a term of imprisonment that includes a
sentence for a sexually violent crime as defined in K.S.A. 22-3717, and
amendments thereto, committed on or after July 1, 1993, but prior to July
1, 2006, a sexually motivated crime in which the offender has been
ordered to register pursuant to K.S.A. 22-3717(d)(1)(D)(vii), and
amendments thereto, electronic solicitation, K.S.A. 21-3523, prior to its
repeal, or K.S.A. 21-5509, and amendments thereto, or unlawful sexual
relations, K.S.A. 21-3520, prior to its repeal, or K.S.A. 21-5512, and
amendments thereto, shall serve the period of postrelease supervision as
provided in subsections (d)(1)(A), (d)(1)(B) or (d)(1)(C), plus the amount
of good time and program credit earned and retained pursuant to K.S.A.
21-4722, prior to its repeal, or K.S.A. 21-6821, and amendments thereto,
on postrelease supervision.
(i) If the sentencing judge finds substantial and compelling reasons to
impose a departure based upon a finding that the current crime of
conviction was sexually motivated, departure may be imposed to extend
the postrelease supervision to a period of up to 60 months.
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(ii) If the sentencing judge departs from the presumptive postrelease
supervision period, the judge shall state on the record at the time of
sentencing the substantial and compelling reasons for the departure.
Departures in this section are subject to appeal pursuant to K.S.A. 21-
4721, prior to its repeal, or K.S.A. 21-6820, and amendments thereto.
(iii) In determining whether substantial and compelling reasons exist,
the court shall consider:
(a) Written briefs or oral arguments submitted by either the defendant
or the state;
(b) any evidence received during the proceeding;
(c) the presentence report, the victim's impact statement and any
psychological evaluation as ordered by the court pursuant to K.S.A. 21-
4714(e), prior to its repeal, or K.S.A. 21-6813(e), and amendments thereto;
and
(d) any other evidence the court finds trustworthy and reliable.
(iv) The sentencing judge may order that a psychological evaluation
be prepared and the recommended programming be completed by the
offender. The department of corrections or the prisoner review board shall
ensure that court ordered sex offender treatment be carried out.
(v) In carrying out the provisions of subsection (d)(1)(D), the court
shall refer to K.S.A. 21-4718, prior to its repeal, or K.S.A. 21-6817, and
amendments thereto.
(vi) Upon petition and payment of any restitution ordered pursuant to
K.S.A. 21-6604, and amendments thereto, the prisoner review board may
provide for early discharge from the postrelease supervision period
imposed pursuant to subsection (d)(1)(D)(i) upon completion of court
ordered programs and completion of the presumptive postrelease
supervision period, as determined by the crime of conviction, pursuant to
subsection (d)(1)(A), (d)(1)(B) or (d)(1)(C). Early discharge from
postrelease supervision is at the discretion of the board.
(vii) Persons convicted of crimes deemed sexually violent or sexually
motivated shall be registered according to the offender registration act,
K.S.A. 22-4901 through 22-4910, and amendments thereto.
(viii) Persons convicted of K.S.A. 21-3510 or 21-3511, prior to their
repeal, or K.S.A. 21-5508, and amendments thereto, shall be required to
participate in a treatment program for sex offenders during the postrelease
supervision period.
(E) The period of postrelease supervision provided in subparagraphs
(A) and (B) may be reduced by up to 12 months and the period of
postrelease supervision provided in subparagraph (C) may be reduced by
up to six months based on the offender's compliance with conditions of
supervision and overall performance while on postrelease supervision. The
reduction in the supervision period shall be on an earned basis pursuant to
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rules and regulations adopted by the secretary of corrections.
(F) In cases where sentences for crimes from more than one severity
level have been imposed, the offender shall serve the longest period of
postrelease supervision as provided by this section available for any crime
upon which sentence was imposed irrespective of the severity level of the
crime. Supervision periods will not aggregate.
(G) (i) Except as provided in subsection (u), persons sentenced to
imprisonment for a sexually violent crime committed on or after July 1,
2006, when the offender was 18 years of age or older, and who are
released from prison, shall be released to a mandatory period of
postrelease supervision for the duration of the person's natural life.
(ii) Persons sentenced to imprisonment for a sexually violent crime
committed on or after the effective date of this act, when the offender was
under 18 years of age, and who are released from prison, shall be released
to a mandatory period of postrelease supervision for 60 months, plus the
amount of good time and program credit earned and retained pursuant to
K.S.A. 21-4722, prior to its repeal, or K.S.A. 21-6821, and amendments
thereto.
(2) Persons serving a period of postrelease supervision pursuant to
subsections (d)(1)(A), (d)(1)(B) or (d)(1)(C) may petition the prisoner
review board for early discharge. Upon payment of restitution, the prisoner
review board may provide for early discharge.
(3) Persons serving a period of incarceration for a supervision
violation shall not have the period of postrelease supervision modified
until such person is released and returned to postrelease supervision.
(4) Offenders whose crime of conviction was committed on or after
July 1, 2013, and whose probation, assignment to a community
correctional services program, suspension of sentence or nonprison
sanction is revoked pursuant to K.S.A. 22-3716(c), and amendments
thereto, or whose underlying prison term expires while serving a sanction
pursuant to K.S.A. 22-3716(c), and amendments thereto, shall serve a
period of postrelease supervision upon the completion of the underlying
prison term.
(5) As used in this subsection, "sexually violent crime" means:
(A) Rape, K.S.A. 21-3502, prior to its repeal, or K.S.A. 21-5503, and
amendments thereto;
(B) indecent liberties with a child, K.S.A. 21-3503, prior to its repeal,
or K.S.A. 21-5506(a), and amendments thereto;
(C) aggravated indecent liberties with a child, K.S.A. 21-3504, prior
to its repeal, or K.S.A. 21-5506(b), and amendments thereto;
(D) criminal sodomy, K.S.A. 21-3505(a)(2) and (a)(3), prior to its
repeal, or K.S.A. 21-5504(a)(3) and (a)(4), and amendments thereto;
(E) aggravated criminal sodomy, K.S.A. 21-3506, prior to its repeal,
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or K.S.A. 21-5504(b), and amendments thereto;
(F) indecent solicitation of a child, K.S.A. 21-3510, prior to its repeal,
or K.S.A. 21-5508(a), and amendments thereto;
(G) aggravated indecent solicitation of a child, K.S.A. 21-3511, prior
to its repeal, or K.S.A. 21-5508(b), and amendments thereto;
(H) sexual exploitation of a child, K.S.A. 21-3516, prior to its repeal,
or K.S.A. 21-5510, and amendments thereto;
(I) aggravated sexual battery, K.S.A. 21-3518, prior to its repeal, or
K.S.A. 21-5505(b), and amendments thereto;
(J) aggravated incest, K.S.A. 21-3603, prior to its repeal, or K.S.A.
21-5604(b), and amendments thereto;
(K) aggravated human trafficking, as defined in K.S.A. 21-3447,
prior to its repeal, or K.S.A. 21-5426(b), and amendments thereto, if
committed in whole or in part for the purpose of the sexual gratification of
the defendant or another;
(L) internet trading in child pornography, as defined in K.S.A. 21-
5514(a), and amendments thereto;
(M) aggravated internet trading in child pornography, as defined in
K.S.A. 21-5514(b), and amendments thereto;
(N) commercial sexual exploitation of a child, as defined in K.S.A.
21-6422, and amendments thereto; or
(O) an attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-3301, 21-3302 or 21-3303, prior to their repeal, or K.S.A. 21-
5301, 21-5302 or 21-5303, and amendments thereto, of a sexually violent
crime as defined in this section.
(6) As used in this subsection, "sexually motivated" means that one of
the purposes for which the defendant committed the crime was for the
purpose of the defendant's sexual gratification.
(e) If an inmate is sentenced to imprisonment for a crime committed
while on parole or conditional release, the inmate shall be eligible for
parole as provided by subsection (c), except that the prisoner review board
may postpone the inmate's parole eligibility date by assessing a penalty not
exceeding the period of time which could have been assessed if the
inmate's parole or conditional release had been violated for reasons other
than conviction of a crime.
(f) If a person is sentenced to prison for a crime committed on or after
July 1, 1993, while on probation, parole, conditional release or in a
community corrections program, for a crime committed prior to July 1,
1993, and the person is not eligible for retroactive application of the
sentencing guidelines and amendments thereto pursuant to K.S.A. 21-
4724, prior to its repeal, the new sentence shall not be aggregated with the
old sentence, but shall begin when the person is paroled or reaches the
conditional release date on the old sentence. If the offender was past the
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offender's conditional release date at the time the new offense was
committed, the new sentence shall not be aggregated with the old sentence
but shall begin when the person is ordered released by the prisoner review
board or reaches the maximum sentence expiration date on the old
sentence, whichever is earlier. The new sentence shall then be served as
otherwise provided by law. The period of postrelease supervision shall be
based on the new sentence, except that those offenders whose old sentence
is a term of imprisonment for life, imposed pursuant to K.S.A. 1993 Supp.
21-4628, prior to its repeal, or an indeterminate sentence with a maximum
term of life imprisonment, for which there is no conditional release or
maximum sentence expiration date, shall remain on postrelease
supervision for life or until discharged from supervision by the prisoner
review board.
(g) Subject to the provisions of this section, the prisoner review board
may release on parole those persons confined in institutions who are
eligible for parole when: (1) The board believes that the inmate should be
released for hospitalization, deportation or to answer the warrant or other
process of a court and is of the opinion that there is reasonable probability
that the inmate can be released without detriment to the community or to
the inmate; or (2) the secretary of corrections has reported to the board in
writing that the inmate has satisfactorily completed the programs required
by any agreement entered under K.S.A. 75-5210a, and amendments
thereto, or any revision of such agreement, and the board believes that the
inmate is able and willing to fulfill the obligations of a law abiding citizen
and is of the opinion that there is reasonable probability that the inmate
can be released without detriment to the community or to the inmate.
Parole shall not be granted as an award of clemency and shall not be
considered a reduction of sentence or a pardon.
(h) The prisoner review board shall hold a parole hearing at least the
month prior to the month an inmate will be eligible for parole under
subsections (a), (b) and (c). At least one month preceding the parole
hearing, the county or district attorney of the county where the inmate was
convicted shall give written notice of the time and place of the public
comment sessions for the inmate to any victim of the inmate's crime who
is alive and whose address is known to the county or district attorney or, if
the victim is deceased, to the victim's family if the family's address is
known to the county or district attorney. Except as otherwise provided,
failure to notify pursuant to this section shall not be a reason to postpone a
parole hearing. In the case of any inmate convicted of an off-grid felony or
a class A felony, the secretary of corrections shall give written notice of the
time and place of the public comment session for such inmate at least one
month preceding the public comment session to any victim of such
inmate's crime or the victim's family pursuant to K.S.A. 74-7338, and
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amendments thereto. If notification is not given to such victim or such
victim's family in the case of any inmate convicted of an off-grid felony or
a class A felony, the board shall postpone a decision on parole of the
inmate to a time at least 30 days after notification is given as provided in
this section. Nothing in this section shall create a cause of action against
the state or an employee of the state acting within the scope of the
employee's employment as a result of the failure to notify pursuant to this
section. If granted parole, the inmate may be released on parole on the date
specified by the board, but not earlier than the date the inmate is eligible
for parole under subsections (a), (b) and (c). At each parole hearing and, if
parole is not granted, at such intervals thereafter as it determines
appropriate, the board shall consider: (1) Whether the inmate has
satisfactorily completed the programs required by any agreement entered
under K.S.A. 75-5210a, and amendments thereto, or any revision of such
agreement; and (2) all pertinent information regarding such inmate,
including, but not limited to, the circumstances of the offense of the
inmate; the presentence report; the previous social history and criminal
record of the inmate; the conduct, employment, and attitude of the inmate
in prison; the reports of such physical and mental examinations as have
been made, including, but not limited to, risk factors revealed by any risk
assessment of the inmate; comments of the victim and the victim's family
including in person comments, contemporaneous comments and
prerecorded comments made by any technological means; comments of
the public; official comments; any recommendation by the staff of the
facility where the inmate is incarcerated; proportionality of the time the
inmate has served to the sentence a person would receive under the Kansas
sentencing guidelines for the conduct that resulted in the inmate's
incarceration; and capacity of state correctional institutions.
(i) In those cases involving inmates sentenced for a crime committed
after July 1, 1993, the prisoner review board will review the inmate's
proposed release plan. The board may schedule a hearing if they desire.
The board may impose any condition they deem necessary to insure public
safety, aid in the reintegration of the inmate into the community, or items
not completed under the agreement entered into under K.S.A. 75-5210a,
and amendments thereto. The board may not advance or delay an inmate's
release date. Every inmate while on postrelease supervision shall remain in
the legal custody of the secretary of corrections and is subject to the orders
of the secretary.
(j) (1) Before ordering the parole of any inmate, the prisoner review
board shall have the inmate appear either in person or via a video
conferencing format and shall interview the inmate unless impractical
because of the inmate's physical or mental condition or absence from the
institution. Every inmate while on parole shall remain in the legal custody
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of the secretary of corrections and is subject to the orders of the secretary.
Whenever the board formally considers placing an inmate on parole and
no agreement has been entered into with the inmate under K.S.A. 75-
5210a, and amendments thereto, the board shall notify the inmate in
writing of the reasons for not granting parole. If an agreement has been
entered under K.S.A. 75-5210a, and amendments thereto, and the inmate
has not satisfactorily completed the programs specified in the agreement,
or any revision of such agreement, the board shall notify the inmate in
writing of the specific programs the inmate must satisfactorily complete
before parole will be granted. If parole is not granted only because of a
failure to satisfactorily complete such programs, the board shall grant
parole upon the secretary's certification that the inmate has successfully
completed such programs. If an agreement has been entered under K.S.A.
75-5210a, and amendments thereto, and the secretary of corrections has
reported to the board in writing that the inmate has satisfactorily
completed the programs required by such agreement, or any revision
thereof, the board shall not require further program participation.
However, if the board determines that other pertinent information
regarding the inmate warrants the inmate's not being released on parole,
the board shall state in writing the reasons for not granting the parole. If
parole is denied for an inmate sentenced for a crime other than a class A or
class B felony or an off-grid felony, the board shall hold another parole
hearing for the inmate not later than one year after the denial unless the
board finds that it is not reasonable to expect that parole would be granted
at a hearing if held in the next three years or during the interim period of a
deferral. In such case, the board may defer subsequent parole hearings for
up to three years but any such deferral by the board shall require the board
to state the basis for its findings. If parole is denied for an inmate
sentenced for a class A or class B felony or an off-grid felony, the board
shall hold another parole hearing for the inmate not later than three years
after the denial unless the board finds that it is not reasonable to expect
that parole would be granted at a hearing if held in the next 10 years or
during the interim period of a deferral. In such case, the board may defer
subsequent parole hearings for up to 10 years, but any such deferral shall
require the board to state the basis for its findings.
(2) Inmates sentenced for a class A or class B felony who have not
had a board hearing in the five years prior to July 1, 2010, shall have such
inmates' cases reviewed by the board on or before July 1, 2012. Such
review shall begin with the inmates with the oldest deferral date and
progress to the most recent. Such review shall be done utilizing existing
resources unless the board determines that such resources are insufficient.
If the board determines that such resources are insufficient, then the
provisions of this paragraph are subject to appropriations therefor.
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(k) (1) Parolees and persons on postrelease supervision shall be
assigned, upon release, to the appropriate level of supervision pursuant to
the criteria established by the secretary of corrections.
(2) Parolees and persons on postrelease supervision are, and shall
agree in writing to be, subject to searches of the person and the person's
effects, vehicle, residence and property by a parole officer or a department
of corrections enforcement, apprehension and investigation officer, at any
time of the day or night, with or without a search warrant and with or
without cause. Nothing in this subsection shall be construed to authorize
such officers to conduct arbitrary or capricious searches or searches for the
sole purpose of harassment.
(3) Parolees and persons on postrelease supervision are, and shall
agree in writing to be, subject to searches of the person and the person's
effects, vehicle, residence and property by any law enforcement officer
based on reasonable suspicion of the person violating conditions of parole
or postrelease supervision or reasonable suspicion of criminal activity. Any
law enforcement officer who conducts such a search shall submit a written
report to the appropriate parole officer no later than the close of the next
business day after such search. The written report shall include the facts
leading to such search, the scope of such search and any findings resulting
from such search.
(l) The prisoner review board shall promulgate rules and regulations
in accordance with K.S.A. 77-415 et seq., and amendments thereto, not
inconsistent with the law and as it may deem proper or necessary, with
respect to the conduct of parole hearings, postrelease supervision reviews,
revocation hearings, orders of restitution, reimbursement of expenditures
by the state board of indigents' defense services and other conditions to be
imposed upon parolees or releasees. Whenever an order for parole or
postrelease supervision is issued it shall recite the conditions thereof.
(m) Whenever the prisoner review board orders the parole of an
inmate or establishes conditions for an inmate placed on postrelease
supervision, the board:
(1) Unless it finds compelling circumstances that would render a plan
of payment unworkable, shall order as a condition of parole or postrelease
supervision that the parolee or the person on postrelease supervision pay
any transportation expenses resulting from returning the parolee or the
person on postrelease supervision to this state to answer criminal charges
or a warrant for a violation of a condition of probation, assignment to a
community correctional services program, parole, conditional release or
postrelease supervision;
(2) to the extent practicable, shall order as a condition of parole or
postrelease supervision that the parolee or the person on postrelease
supervision make progress towards or successfully complete the
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equivalent of a secondary education if the inmate has not previously
completed such educational equivalent and is capable of doing so;
(3) may order that the parolee or person on postrelease supervision
perform community or public service work for local governmental
agencies, private corporations organized not-for-profit or charitable or
social service organizations performing services for the community;
(4) may order the parolee or person on postrelease supervision to pay
the administrative fee imposed pursuant to K.S.A. 22-4529, and
amendments thereto, unless the board finds compelling circumstances that
would render payment unworkable;
(5) unless it finds compelling circumstances that would render a plan
of payment unworkable, shall order that the parolee or person on
postrelease supervision reimburse the state for all or part of the
expenditures by the state board of indigents' defense services to provide
counsel and other defense services to the person. In determining the
amount and method of payment of such sum, the prisoner review board
shall take account of the financial resources of the person and the nature of
the burden that the payment of such sum will impose. Such amount shall
not exceed the amount claimed by appointed counsel on the payment
voucher for indigents' defense services or the amount prescribed by the
board of indigents' defense services reimbursement tables as provided in
K.S.A. 22-4522, and amendments thereto, whichever is less, minus any
previous payments for such services;
(6) shall order that the parolee or person on postrelease supervision
agree in writing to be subject to searches of the person and the person's
effects, vehicle, residence and property by a parole officer or a department
of corrections enforcement, apprehension and investigation officer, at any
time of the day or night, with or without a search warrant and with or
without cause. Nothing in this subsection shall be construed to authorize
such officers to conduct arbitrary or capricious searches or searches for the
sole purpose of harassment; and
(7) shall order that the parolee or person on postrelease supervision
agree in writing to be subject to searches of the person and the person's
effects, vehicle, residence and property by any law enforcement officer
based on reasonable suspicion of the person violating conditions of parole
or postrelease supervision or reasonable suspicion of criminal activity.
(n) If the court that sentenced an inmate specified at the time of
sentencing the amount and the recipient of any restitution ordered as a
condition of parole or postrelease supervision, the prisoner review board
shall order as a condition of parole or postrelease supervision that the
inmate pay restitution in the amount and manner provided in the journal
entry unless the board finds compelling circumstances that would render a
plan of restitution unworkable.
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(o) Whenever the prisoner review board grants the parole of an
inmate, the board, within 14 days of the date of the decision to grant
parole, shall give written notice of the decision to the county or district
attorney of the county where the inmate was sentenced.
(p) When an inmate is to be released on postrelease supervision, the
secretary, within 30 days prior to release, shall provide the county or
district attorney of the county where the inmate was sentenced written
notice of the release date.
(q) Inmates shall be released on postrelease supervision upon the
termination of the prison portion of their sentence. Time served while on
postrelease supervision will vest.
(r) An inmate who is allocated regular good time credits as provided
in K.S.A. 22-3725, and amendments thereto, may receive meritorious
good time credits in increments of not more than 90 days per meritorious
act. These credits may be awarded by the secretary of corrections when an
inmate has acted in a heroic or outstanding manner in coming to the
assistance of another person in a life-threatening situation, preventing
injury or death to a person, preventing the destruction of property or taking
actions that result in a financial savings to the state.
(s) The provisions of subsections (d)(1)(A), (d)(1)(B), (d)(1)(C) and
(d)(1)(E) shall be applied retroactively as provided in subsection (t).
(t) For offenders sentenced prior to July 1, 2014, who are eligible for
modification of their postrelease supervision obligation, the department of
corrections shall modify the period of postrelease supervision as provided
for by this section:
(1) On or before September 1, 2013, for offenders convicted of:
(A) Severity levels 9 and 10 crimes on the sentencing guidelines grid
for nondrug crimes;
(B) severity level 4 crimes on the sentencing guidelines grid for drug
crimes committed prior to July 1, 2012; and
(C) severity level 5 crimes on the sentencing guidelines grid for drug
crimes committed on and after July 1, 2012;
(2) on or before November 1, 2013, for offenders convicted of:
(A) Severity levels 6, 7 and 8 crimes on the sentencing guidelines
grid for nondrug crimes;
(B) level 3 crimes on the sentencing guidelines grid for drug crimes
committed prior to July 1, 2012; and
(C) level 4 crimes on the sentencing guidelines grid for drug crimes
committed on or after July 1, 2012; and
(3) on or before January 1, 2014, for offenders convicted of:
(A) Severity levels 1, 2, 3, 4 and 5 crimes on the sentencing
guidelines grid for nondrug crimes;
(B) severity levels 1 and 2 crimes on the sentencing guidelines grid
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for drug crimes committed at any time; and
(C) severity level 3 crimes on the sentencing guidelines grid for drug
crimes committed on or after July 1, 2012.
(u) An inmate sentenced to imprisonment pursuant to K.S.A. 21-
4643, prior to its repeal, or K.S.A. 21-6627, and amendments thereto, for
crimes committed on or after July 1, 2006, shall be placed on parole for
life and shall not be discharged from supervision by the prisoner review
board. When the board orders the parole of an inmate pursuant to this
subsection, the board shall order as a condition of parole that the inmate be
electronically monitored for the duration of the inmate's natural life.
(v) Whenever the prisoner review board orders a person to be
electronically monitored pursuant to this section, or the court orders a
person to be electronically monitored pursuant to K.S.A. 21-6604(r), and
amendments thereto, the board shall order the person to reimburse the state
for all or part of the cost of such monitoring. In determining the amount
and method of payment of such sum, the board shall take account of the
financial resources of the person and the nature of the burden that the
payment of such sum will impose.
(w) (1) On and after July 1, 2012, for any inmate who is a sex
offender, as defined in K.S.A. 22-4902, and amendments thereto,
whenever the prisoner review board orders the parole of such inmate or
establishes conditions for such inmate placed on postrelease supervision,
such inmate shall agree in writing to not possess pornographic materials.
(A) As used in this subsection, "pornographic materials" means any
obscene material or performance depicting sexual conduct, sexual contact
or a sexual performance; and any visual depiction of sexually explicit
conduct.
(B) As used in this subsection, all other terms have the meanings
provided by K.S.A. 21-5510, and amendments thereto.
(2) The provisions of this subsection shall be applied retroactively to
every sex offender, as defined in K.S.A. 22-4902, and amendments
thereto, who is on parole or postrelease supervision on July 1, 2012. The
prisoner review board shall obtain the written agreement required by this
subsection from such offenders as soon as practicable.
(x) For any parolee or person on postrelease supervision who has
been issued a valid identification card pursuant to section 9, and
amendments thereto, the prisoner review board shall not order any
condition that prohibits such parolee or person on postrelease supervision
from purchasing, possessing or consuming medical cannabis or medical
cannabis products, as such terms are defined in section 2, and
amendments thereto, in accordance with the Kansas medical cannabis act,
section 1 et seq., and amendments thereto.
Sec. 84. K.S.A. 23-3201 is hereby amended to read as follows: 23-
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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, as defined in section 2,
and amendments thereto, in accordance with the Kansas medical cannabis
act, section 1 et seq., and amendments thereto, when determining the legal
custody, residency or parenting time of a child.
Sec. 85. 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
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, as defined in
section 2, and amendments thereto, in accordance with the Kansas
medical cannabis 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
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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
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
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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. 86. K.S.A. 44-501 is hereby amended to read as follows: 44-501.
(a) (1) Compensation for an injury shall be disallowed if such injury to the
employee results from:
(A) The employee's deliberate intention to cause such injury;
(B) the employee's willful failure to use a guard or protection against
accident or injury which is required pursuant to any statute and provided
for the employee;
(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.
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(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 has been issued a valid
identification card pursuant to the Kansas medical cannabis 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:
Confirmatory
test cutoff
levels (ng/ml)
Marijuana metabolite
1
..............................................................15
Cocaine metabolite
2
..................................................................150
Opiates:
Morphine .............................................................................2000
Codeine ...............................................................................2000
6-Acetylmorphine
4 3
..................................................................10 ng/ml
Phencyclidine ...........................................................................25
Amphetamines:
Amphetamine ......................................................................500
Methamphetamine
34
.............................................................500
1
Delta-9-tetrahydrocannabinol-9-carboxylic acid.
2
Benzoylecgonine.
3
Specimen must also contain amphetamine at a concentration greater
than or equal to 200 ng/mlTest for 6-AM when morphine concentration
exceeds 2,000 ng/ml.
4
Test for 6-AM when morphine concentration exceeds 2,000
ng/mlSpecimen must also contain amphetamine at a concentration
greater than or equal to 200 ng/ml.
(D) If it is shown that the employee was impaired pursuant to
subsection (b)(1)(C) at the time of the injury, there shall be a rebuttable
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presumption that the accident, injury, disability or death was contributed to
by such impairment. The employee may overcome the presumption of
contribution by clear and convincing evidence.
(E) An employee's refusal to submit to a chemical test at the request
of the employer shall result in the forfeiture of benefits under the workers
compensation act if the employer had sufficient cause to suspect the use of
alcohol or drugs by the claimant or if the employer's policy clearly
authorizes post-injury testing.
(2) The results of a chemical test shall be admissible evidence to
prove impairment if the employer establishes that the testing was done
under any of the following circumstances:
(A) As a result of an employer mandated drug testing policy, in place
in writing prior to the date of accident or injury, requiring any worker to
submit to testing for drugs or alcohol;
(B) during an autopsy or in the normal course of medical treatment
for reasons related to the health and welfare of the injured worker and not
at the direction of the employer;
(C) the worker, prior to the date and time of the accident or injury,
gave written consent to the employer that the worker would voluntarily
submit to a chemical test for drugs or alcohol following any accident or
injury;
(D) the worker voluntarily agrees to submit to a chemical test for
drugs or alcohol following any accident or injury; or
(E) as a result of federal or state law or a federal or state rule or
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
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doubt, that the test results were from the sample taken from the employee;
and
(F) a split sample sufficient for testing shall be retained and made
available to the employee within 48 hours of a positive test.
(c) (1) Except as provided in paragraph (2), compensation shall not
be paid in case of coronary or coronary artery disease or cerebrovascular
injury unless it is shown that the exertion of the work necessary to
precipitate the disability was more than the employee's usual work in the
course of the employee's regular employment.
(2) For events occurring on or after July 1, 2014, in the case of a
firefighter as defined by K.S.A. 40-1709(b)(1), and amendments thereto,
or a law enforcement officer as defined by K.S.A. 74-5602, and
amendments thereto, coronary or coronary artery disease or
cerebrovascular injury shall be compensable if:
(A) The injury can be identified as caused by a specific event
occurring in the course and scope of employment;
(B) the coronary or cerebrovascular injury occurred within 24 hours
of the specific event; and
(C) the specific event was the prevailing factor in causing the
coronary or coronary artery disease or cerebrovascular injury.
(d) Except as provided in the workers compensation act, no
construction design professional who is retained to perform professional
services on a construction project or any employee of a construction
design professional who is assisting or representing the construction
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
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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
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. 87. K.S.A. 44-706 is hereby amended to read as follows: 44-706.
The secretary shall examine whether an individual has separated from
employment for each week claimed. The secretary shall apply the
provisions of this section to the individual's most recent employment prior
to the week claimed. An individual shall be disqualified for benefits:
(a) If the individual left work voluntarily without good cause
attributable to the work or the employer, subject to the other provisions of
this subsection. For purposes of this subsection, "good cause" is cause of
such gravity that would impel a reasonable, not supersensitive, individual
exercising ordinary common sense to leave employment. Good cause
requires a showing of good faith of the individual leaving work, including
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the presence of a genuine desire to work. Failure to return to work after
expiration of approved personal or medical leave, or both, shall be
considered a voluntary resignation. After a temporary job assignment,
failure of an individual to affirmatively request an additional assignment
on the next succeeding workday, if required by the employment
agreement, after completion of a given work assignment, shall constitute
leaving work voluntarily. The disqualification shall begin the day
following the separation and shall continue until after the individual has
become reemployed and has had earnings from insured work of at least
three times the individual's weekly benefit amount. An individual shall not
be disqualified under this subsection if:
(1) The individual was forced to leave work because of illness or
injury upon the advice of a licensed and practicing health care provider
and, upon learning of the necessity for absence, immediately notified the
employer thereof, or the employer consented to the absence, and after
recovery from the illness or injury, when recovery was certified by a
practicing health care provider, the individual returned to the employer and
offered to perform services and the individual's regular work or
comparable and suitable work was not available. As used in this paragraph
"health care provider" means any person licensed by the proper licensing
authority of any state to engage in the practice of medicine and surgery,
osteopathy, chiropractic, dentistry, optometry, podiatry or psychology;
(2) the individual left temporary work to return to the regular
employer;
(3) the individual left work to enlist in the armed forces of the United
States, but was rejected or delayed from entry;
(4) the spouse of an individual who is a member of the armed forces
of the United States who left work because of the voluntary or involuntary
transfer of the individual's spouse from one job to another job, which is for
the same employer or for a different employer, at a geographic location
which makes it unreasonable for the individual to continue work at the
individual's job. For the purposes of this provision the term "armed forces"
means active duty in the army, navy, marine corps, air force, coast guard or
any branch of the military reserves of the United States;
(5) the individual left work because of hazardous working conditions;
in determining whether or not working conditions are hazardous for an
individual, the degree of risk involved to the individual's health, safety and
morals, the individual's physical fitness and prior training and the working
conditions of workers engaged in the same or similar work for the same
and other employers in the locality shall be considered; as used in this
paragraph, "hazardous working conditions" means working conditions that
could result in a danger to the physical or mental well-being of the
individual; each determination as to whether hazardous working
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conditions exist shall include, but shall not be limited to, a consideration
of: (A) The safety measures used or the lack thereof; and (B) the condition
of equipment or lack of proper equipment; no work shall be considered
hazardous if the working conditions surrounding the individual's work are
the same or substantially the same as the working conditions generally
prevailing among individuals performing the same or similar work for
other employers engaged in the same or similar type of activity;
(6) the individual left work to enter training approved under section
236(a)(1) of the federal trade act of 1974, provided the work left is not of a
substantially equal or higher skill level than the individual's past adversely
affected employment, as defined for purposes of the federal trade act of
1974, and wages for such work are not less than 80% of the individual's
average weekly wage as determined for the purposes of the federal trade
act of 1974;
(7) the individual left work because of unwelcome harassment of the
individual by the employer or another employee of which the employing
unit had knowledge and that would impel the average worker to give up
such worker's employment;
(8) the individual left work to accept better work; each determination
as to whether or not the work accepted is better work shall include, but
shall not be limited to, consideration of: (A) The rate of pay, the hours of
work and the probable permanency of the work left as compared to the
work accepted; (B) the cost to the individual of getting to the work left in
comparison to the cost of getting to the work accepted; and (C) the
distance from the individual's place of residence to the work accepted in
comparison to the distance from the individual's residence to the work left;
(9) the individual left work as a result of being instructed or requested
by the employer, a supervisor or a fellow employee to perform a service or
commit an act in the scope of official job duties which is in violation of an
ordinance or statute;
(10) the individual left work because of a substantial violation of the
work agreement by the employing unit and, before the individual left, the
individual had exhausted all remedies provided in such agreement for the
settlement of disputes before terminating. For the purposes of this
paragraph, a demotion based on performance does not constitute a
violation of the work agreement;
(11) after making reasonable efforts to preserve the work, the
individual left work due to a personal emergency of such nature and
compelling urgency that it would be contrary to good conscience to
impose a disqualification; or
(12) (A) the individual left work due to circumstances resulting from
domestic violence, including:
(i) The individual's reasonable fear of future domestic violence at or
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en route to or from the individual's place of employment;
(ii) the individual's need to relocate to another geographic area in
order to avoid future domestic violence;
(iii) the individual's need to address the physical, psychological and
legal impacts of domestic violence;
(iv) the individual's need to leave employment as a condition of
receiving services or shelter from an agency which provides support
services or shelter to victims of domestic violence; or
(v) the individual's reasonable belief that termination of employment
is necessary to avoid other situations which may cause domestic violence
and to provide for the future safety of the individual or the individual's
family.
(B) An individual may prove the existence of domestic violence by
providing one of the following:
(i) A restraining order or other documentation of equitable relief by a
court of competent jurisdiction;
(ii) a police record documenting the abuse;
(iii) documentation that the abuser has been convicted of one or more
of the offenses enumerated in articles 34 and 35 of chapter 21 of the
Kansas Statutes Annotated, prior to their repeal, or articles 54 or 55 of
chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6104, 21-6325,
21-6326 or 21-6418 through 21-6422, and amendments thereto, where the
victim was a family or household member;
(iv) medical documentation of the abuse;
(v) a statement provided by a counselor, social worker, health care
provider, clergy, shelter worker, legal advocate, domestic violence or
sexual assault advocate or other professional who has assisted the
individual in dealing with the effects of abuse on the individual or the
individual's family; or
(vi) a sworn statement from the individual attesting to the abuse.
(C) No evidence of domestic violence experienced by an individual,
including the individual's statement and corroborating evidence, shall be
disclosed by the department of labor unless consent for disclosure is given
by the individual.
(b) If the individual has been discharged or suspended for misconduct
connected with the individual's work. The disqualification shall begin the
day following the separation and shall continue until after the individual
becomes reemployed and in cases where the disqualification is due to
discharge for misconduct has had earnings from insured work of at least
three times the individual's determined weekly benefit amount, except that
if an individual is discharged for gross misconduct connected with the
individual's work, such individual shall be disqualified for benefits until
such individual again becomes employed and has had earnings from
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insured work of at least eight times such individual's determined weekly
benefit amount. In addition, all wage credits attributable to the
employment from which the individual was discharged for gross
misconduct connected with the individual's work shall be canceled. No
such cancellation of wage credits shall affect prior payments made as a
result of a prior separation.
(1) (A) For the purposes of this subsection, "misconduct" is defined as
a violation of a duty or obligation reasonably owed the employer as a
condition of employment including, but not limited to, a violation of a
company rule, including a safety rule, if: (A)(i) The individual knew or
should have known about the rule; (B)(ii) the rule was lawful and
reasonably related to the job; and (C)(iii) the rule was fairly and
consistently enforced.
(B) "Misconduct" does not include any violation of a duty, obligation
or company rule, if: (i) The individual is a patient who has been issued a
valid identification card pursuant to section 9, and amendments thereto;
and (ii) the basis for the violation is the possession of such identification
card or the possession or use of medical cannabis or a medical cannabis
product, as such terms are defined in section 2, and amendments thereto,
in accordance with the Kansas medical cannabis act, section 1 et seq., and
amendments thereto.
(2) (A) Failure of the employee to notify the employer of an absence
and an individual's leaving work prior to the end of such individual's
assigned work period without permission shall be considered prima facie
evidence of a violation of a duty or obligation reasonably owed the
employer as a condition of employment.
(B) For the purposes of this subsection, misconduct shall include, but
not be limited to, violation of the employer's reasonable attendance
expectations if the facts show:
(i) The individual was absent or tardy without good cause;
(ii) the individual had knowledge of the employer's attendance
expectation; and
(iii) the employer gave notice to the individual that future absence or
tardiness may or will result in discharge.
(C) For the purposes of this subsection, if an employee disputes being
absent or tardy without good cause, the employee shall present evidence
that a majority of the employee's absences or tardiness were for good
cause. If the employee alleges that the employee's repeated absences or
tardiness were the result of health related issues, such evidence shall
include documentation from a licensed and practicing health care provider
as defined in subsection (a)(1).
(3) (A) (i) The term "gross misconduct" as used in this subsection
shall be construed to mean conduct evincing extreme, willful or wanton
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misconduct as defined by this subsection. Gross misconduct shall include,
but not be limited to: (i)(a) Theft; (ii)(b) fraud; (iii)(c) intentional damage
to property; (iv)(d) intentional infliction of personal injury; or (v)(e) any
conduct that constitutes a felony.
(ii) "Gross misconduct" does not include any conduct of an
individual, if: (i) The individual is a patient who has been issued a valid
identification card pursuant to section 9, and amendments thereto; and (ii)
the basis for the violation is the possession of such identification card or
the possession or use of medical cannabis or a medical cannabis product
as such terms are defined in section 2, and amendments thereto, in
accordance with the Kansas medical cannabis act, section 1 et seq., and
amendments thereto.
(B) For the purposes of this subsection, the following shall be
conclusive evidence of gross misconduct:
(i) The use of alcoholic liquor, cereal malt beverage or a
nonprescribed controlled substance by an individual while working;
(ii) the impairment caused by alcoholic liquor, cereal malt beverage
or a nonprescribed controlled substance by an individual while working;
(iii) a positive breath alcohol test or a positive chemical test,
provided:
(a) The test was either:
(1) Required by law and was administered pursuant to the drug free
workplace act, 41 U.S.C. § 701 et seq.;
(2) administered as part of an employee assistance program or other
drug or alcohol treatment program in which the employee was
participating voluntarily or as a condition of further employment;
(3) requested pursuant to a written policy of the employer of which
the employee had knowledge and was a required condition of
employment;
(4) required by law and the test constituted a required condition of
employment for the individual's job; or
(5) there was reasonable suspicion to believe that the individual used,
had possession of, or was impaired by alcoholic liquor, cereal malt
beverage or a nonprescribed controlled substance while working;
(b) the test sample was collected either:
(1) As prescribed by the drug free workplace act, 41 U.S.C. § 701 et
seq.;
(2) as prescribed by an employee assistance program or other drug or
alcohol treatment program in which the employee was participating
voluntarily or as a condition of further employment;
(3) as prescribed by the written policy of the employer of which the
employee had knowledge and which constituted a required condition of
employment;
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(4) as prescribed by a test which was required by law and which
constituted a required condition of employment for the individual's job; or
(5) at a time contemporaneous with the events establishing probable
cause;
(c) the collecting and labeling of a chemical test sample was
performed by a licensed health care professional or any other individual
certified pursuant to paragraph (b)(3)(A)(iii)(f) subsection (b)(3)(B)(iii)(f)
or authorized to collect or label test samples by federal or state law, or a
federal or state rule or regulation having the force or effect of law,
including law enforcement personnel;
(d) the chemical test was performed by a laboratory approved by the
United States department of health and human services or licensed by the
department of health and environment, except that a blood sample may be
tested for alcohol content by a laboratory commonly used for that purpose
by state law enforcement agencies;
(e) the chemical test was confirmed by gas chromatography, gas
chromatography-mass spectroscopy or other comparably reliable
analytical method, except that no such confirmation is required for a blood
alcohol sample or a breath alcohol test;
(f) the breath alcohol test was administered by an individual trained
to perform breath tests, the breath testing instrument used was certified
and operated strictly according to a description provided by the
manufacturers and the reliability of the instrument performance was
assured by testing with alcohol standards; and
(g) the foundation evidence establishes, beyond a reasonable doubt,
that the test results were from the sample taken from the individual;
(iv) an individual's refusal to submit to a chemical test or breath
alcohol test, provided if:
(a) The test meets the standards of the drug free workplace act, 41
U.S.C. § 701 et seq.;
(b) the test was administered as part of an employee assistance
program or other drug or alcohol treatment program in which the
employee was participating voluntarily or as a condition of further
employment;
(c) the test was otherwise required by law and the test constituted a
required condition of employment for the individual's job;
(d) the test was requested pursuant to a written policy of the employer
of which the employee had knowledge and was a required condition of
employment; or
(e) there was reasonable suspicion to believe that the individual used,
possessed or was impaired by alcoholic liquor, cereal malt beverage or a
nonprescribed controlled substance while working;
(v) an individual's dilution or other tampering of a chemical test.
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(C) For purposes of this subsection:
(i) "Alcohol concentration" means the number of grams of alcohol
per 210 liters of breath;
(ii) "alcoholic liquor" means the same as provided in K.S.A. 41-102,
and amendments thereto;
(iii) "cereal malt beverage" means the same as provided in K.S.A. 41-
2701, and amendments thereto;
(iv) "chemical test" includes, but is not limited to, tests of urine,
blood or saliva;
(v) "controlled substance" means the same as provided in K.S.A. 21-
5701, and amendments thereto;
(vi) "required by law" means required by a federal or state law, a
federal or state rule or regulation having the force and effect of law, a
county resolution or municipal ordinance, or a policy relating to public
safety adopted in an open meeting by the governing body of any special
district or other local governmental entity;
(vii) "positive breath test" means a test result showing an alcohol
concentration of 0.04 or greater, or the levels listed in 49 C.F.R. part 40, if
applicable, unless the test was administered as part of an employee
assistance program or other drug or alcohol treatment program in which
the employee was participating voluntarily or as a condition of further
employment, in which case "positive chemical test" shall mean a test result
showing an alcohol concentration at or above the levels provided for in the
assistance or treatment program;
(viii) "positive chemical test" means a chemical result showing a
concentration at or above the levels listed in K.S.A. 44-501, and
amendments thereto, or 49 C.F.R. part 40, as applicable, for the drugs or
abuse listed therein, unless the test was administered as part of an
employee assistance program or other drug or alcohol treatment program
in which the employee was participating voluntarily or as a condition of
further employment, in which case "positive chemical test" means a
chemical result showing a concentration at or above the levels provided for
in the assistance or treatment program.
(4) An individual shall not be disqualified under this subsection if the
individual is discharged under the following circumstances:
(A) The employer discharged the individual after learning the
individual was seeking other work or when the individual gave notice of
future intent to quit, except that the individual shall be disqualified after
the time at which such individual intended to quit and any individual who
commits misconduct after such individual gives notice to such individual's
intent to quit shall be disqualified;
(B) the individual was making a good-faith good faith effort to do the
assigned work but was discharged due to:
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(i) Inefficiency;
(ii) unsatisfactory performance due to inability, incapacity or lack of
training or experience;
(iii) isolated instances of ordinary negligence or inadvertence;
(iv) good-faithgood faith errors in judgment or discretion; or
(v) unsatisfactory work or conduct due to circumstances beyond the
individual's control; or
(C) the individual's refusal to perform work in excess of the contract
of hire.
(c) If the individual has failed, without good cause, to either apply for
suitable work when so directed by the employment office of the secretary
of labor, or to accept suitable work when offered to the individual by the
employment office, the secretary of labor, or an employer, such
disqualification shall begin with the week in which such failure occurred
and shall continue until the individual becomes reemployed and has had
earnings from insured work of at least three times such individual's
determined weekly benefit amount. In determining whether or not any
work is suitable for an individual, the secretary of labor, or a person or
persons designated by the secretary, shall consider the degree of risk
involved to health, safety and morals, physical fitness and prior training,
experience and prior earnings, length of unemployment and prospects for
securing local work in the individual's customary occupation or work for
which the individual is reasonably fitted by training or experience, and the
distance of the available work from the individual's residence.
Notwithstanding any other provisions of this act, an otherwise eligible
individual shall not be disqualified for refusing an offer of suitable
employment, or failing to apply for suitable employment when notified by
an employment office, or for leaving the individual's most recent work
accepted during approved training, including training approved under
section 236(a)(1) of the trade act of 1974, if the acceptance of or applying
for suitable employment or continuing such work would require the
individual to terminate approved training and no work shall be deemed
suitable and benefits shall not be denied under this act to any otherwise
eligible individual for refusing to accept new work under any of the
following conditions: (1) If the position offered is vacant due directly to a
strike, lockout or other labor dispute; (2) if the remuneration, hours or
other conditions of the work offered are substantially less favorable to the
individual than those prevailing for similar work in the locality; (3) if as a
condition of being employed, the individual would be required to join or to
resign from or refrain from joining any labor organization; and (4) if the
individual left employment as a result of domestic violence, and the
position offered does not reasonably accommodate the individual's
physical, psychological, safety, or legal needs relating to such domestic
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violence.
(d) For any week with respect to which the secretary of labor, or a
person or persons designated by the secretary, finds that the individual's
unemployment is due to a stoppage of work which exists because of a
labor dispute or there would have been a work stoppage had normal
operations not been maintained with other personnel previously and
currently employed by the same employer at the factory, establishment or
other premises at which the individual is or was last employed, except that
this subsection (d) shall not apply if it is shown to the satisfaction of the
secretary of labor, or a person or persons designated by the secretary, that:
(1) The individual is not participating in or financing or directly interested
in the labor dispute which caused the stoppage of work; and (2) the
individual does not belong to a grade or class of workers of which,
immediately before the commencement of the stoppage, there were
members employed at the premises at which the stoppage occurs any of
whom are participating in or financing or directly interested in the dispute.
If in any case separate branches of work which are commonly conducted
as separate businesses in separate premises are conducted in separate
departments of the same premises, each such department shall, for the
purpose of this subsection be deemed to be a separate factory,
establishment or other premises. For the purposes of this subsection,
failure or refusal to cross a picket line or refusal for any reason during the
continuance of such labor dispute to accept the individual's available and
customary work at the factory, establishment or other premises where the
individual is or was last employed shall be considered as participation and
interest in the labor dispute.
(e) For any week with respect to which or a part of which the
individual has received or is seeking unemployment benefits under the
unemployment compensation law of any other state or of the United
States, except that if the appropriate agency of such other state or the
United States finally determines that the individual is not entitled to such
unemployment benefits, this disqualification shall not apply.
(f) For any week with respect to which the individual is entitled to
receive any unemployment allowance or compensation granted by the
United States under an act of congress to ex-service men and women in
recognition of former service with the military or naval services of the
United States.
(g) If the individual, or another in such individual's behalf with the
knowledge of the individual, has knowingly made a false statement or
representation, or has knowingly failed to disclose a material fact to obtain
or increase benefits under this act or any other unemployment
compensation law administered by the secretary of labor, unless the
individual has repaid the full amount of the overpayment as determined by
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the secretary or the secretary's designee, including, but not limited to, the
total amount of money erroneously paid as benefits or unlawfully
obtained, interest, penalties and any other costs or fees provided by law. If
the individual has made such repayment, the individual shall be
disqualified for a period of one year for the first occurrence or five years
for any subsequent occurrence, beginning with the first day following the
date the department of labor confirmed the individual has successfully
repaid the full amount of the overpayment. In addition to the penalties set
forth in K.S.A. 44-719, and amendments thereto, an individual who has
knowingly made a false statement or representation or who has knowingly
failed to disclose a material fact to obtain or increase benefits under this
act or any other unemployment compensation law administered by the
secretary of labor shall be liable for a penalty in the amount equal to 25%
of the amount of benefits unlawfully received. Notwithstanding any other
provision of law, such penalty shall be deposited into the employment
security trust fund. No person who is a victim of identify theft shall be
subject to the provisions of this subsection. The secretary shall investigate
all cases of an alleged false statement or representation or failure to
disclose a material fact to ensure no victim of identity theft is disqualified,
required to repay or subject to any penalty as provided by this subsection
as a result of identity theft.
(h) For any week with respect to which the individual is receiving
compensation for temporary total disability or permanent total disability
under the workmen's compensation law of any state or under a similar law
of the United States.
(i) For any week of unemployment on the basis of service in an
instructional, research or principal administrative capacity for an
educational institution as defined in K.S.A. 44-703(v), and amendments
thereto, if such week begins during the period between two successive
academic years or terms or, when an agreement provides instead for a
similar period between two regular but not successive terms during such
period or during a period of paid sabbatical leave provided for in the
individual's contract, if the individual performs such services in the first of
such academic years or terms and there is a contract or a reasonable
assurance that such individual will perform services in any such capacity
for any educational institution in the second of such academic years or
terms.
(j) For any week of unemployment on the basis of service in any
capacity other than service in an instructional, research, or administrative
capacity in an educational institution, as defined in K.S.A. 44-703(v), and
amendments thereto, if such week begins during the period between two
successive academic years or terms if the individual performs such
services in the first of such academic years or terms and there is a
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reasonable assurance that the individual will perform such services in the
second of such academic years or terms, except that if benefits are denied
to the individual under this subsection and the individual was not offered
an opportunity to perform such services for the educational institution for
the second of such academic years or terms, such individual shall be
entitled to a retroactive payment of benefits for each week for which the
individual filed a timely claim for benefits and for which benefits were
denied solely by reason of this subsection.
(k) For any week of unemployment on the basis of service in any
capacity for an educational institution as defined in K.S.A. 44-703(v), and
amendments thereto, if such week begins during an established and
customary vacation period or holiday recess, if the individual performs
services in the period immediately before such vacation period or holiday
recess and there is a reasonable assurance that such individual will perform
such services in the period immediately following such vacation period or
holiday recess.
(l) For any week of unemployment on the basis of any services,
substantially all of which consist of participating in sports or athletic
events or training or preparing to so participate, if such week begins during
the period between two successive sport seasons or similar period if such
individual performed services in the first of such seasons or similar periods
and there is a reasonable assurance that such individual will perform such
services in the later of such seasons or similar periods.
(m) For any week on the basis of services performed by an alien
unless such alien is an individual who was lawfully admitted for
permanent residence at the time such services were performed, was
lawfully present for purposes of performing such services, or was
permanently residing in the United States under color of law at the time
such services were performed, including an alien who was lawfully present
in the United States as a result of the application of the provisions of
section 212(d)(5) of the federal immigration and nationality act. Any data
or information required of individuals applying for benefits to determine
whether benefits are not payable to them because of their alien status shall
be uniformly required from all applicants for benefits. In the case of an
individual whose application for benefits would otherwise be approved, no
determination that benefits to such individual are not payable because of
such individual's alien status shall be made except upon a preponderance
of the evidence.
(n) For any week in which an individual is receiving a governmental
or other pension, retirement or retired pay, annuity or other similar
periodic payment under a plan maintained by a base period employer and
to which the entire contributions were provided by such employer, except
that: (1) If the entire contributions to such plan were provided by the base
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period employer but such individual's weekly benefit amount exceeds such
governmental or other pension, retirement or retired pay, annuity or other
similar periodic payment attributable to such week, the weekly benefit
amount payable to the individual shall be reduced, but not below zero, by
an amount equal to the amount of such pension, retirement or retired pay,
annuity or other similar periodic payment which is attributable to such
week; or (2) if only a portion of contributions to such plan were provided
by the base period employer, the weekly benefit amount payable to such
individual for such week shall be reduced, but not below zero, by the
prorated weekly amount of the pension, retirement or retired pay, annuity
or other similar periodic payment after deduction of that portion of the
pension, retirement or retired pay, annuity or other similar periodic
payment that is directly attributable to the percentage of the contributions
made to the plan by such individual; or (3) if the entire contributions to the
plan were provided by such individual, or by the individual and an
employer, or any person or organization, who is not a base period
employer, no reduction in the weekly benefit amount payable to the
individual for such week shall be made under this subsection; or (4)
whatever portion of contributions to such plan were provided by the base
period employer, if the services performed for the employer by such
individual during the base period, or remuneration received for the
services, did not affect the individual's eligibility for, or increased the
amount of, such pension, retirement or retired pay, annuity or other similar
periodic payment, no reduction in the weekly benefit amount payable to
the individual for such week shall be made under this subsection. No
reduction shall be made for payments made under the social security act or
railroad retirement act of 1974.
(o) For any week of unemployment on the basis of services
performed in any capacity and under any of the circumstances described in
subsection (i), (j) or (k) that an individual performed in an educational
institution while in the employ of an educational service agency. For the
purposes of this subsection, the term "educational service agency" means a
governmental agency or entity which is established and operated
exclusively for the purpose of providing such services to one or more
educational institutions.
(p) For any week of unemployment on the basis of service as a school
bus or other motor vehicle driver employed by a private contractor to
transport pupils, students and school personnel to or from school-related
functions or activities for an educational institution, as defined in K.S.A.
44-703(v), and amendments thereto, if such week begins during the period
between two successive academic years or during a similar period between
two regular terms, whether or not successive, if the individual has a
contract or contracts, or a reasonable assurance thereof, to perform
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services in any such capacity with a private contractor for any educational
institution for both such academic years or both such terms. An individual
shall not be disqualified for benefits as provided in this subsection for any
week of unemployment on the basis of service as a bus or other motor
vehicle driver employed by a private contractor to transport persons to or
from nonschool-related functions or activities.
(q) For any week of unemployment on the basis of services
performed by the individual in any capacity and under any of the
circumstances described in subsection (i), (j), (k) or (o) which are provided
to or on behalf of an educational institution, as defined in K.S.A. 44-
703(v), and amendments thereto, while the individual is in the employ of
an employer which is a governmental entity, Indian tribe or any employer
described in section 501(c)(3) of the federal internal revenue code of 1986
which is exempt from income under section 501(a) of the code.
(r) For any week in which an individual is registered at and attending
an established school, training facility or other educational institution, or is
on vacation during or between two successive academic years or terms. An
individual shall not be disqualified for benefits as provided in this
subsection provided if:
(1) The individual was engaged in full-time employment concurrent
with the individual's school attendance;
(2) the individual is attending approved training as defined in K.S.A.
44-703(s), and amendments thereto; or
(3) the individual is attending evening, weekend or limited day time
classes, which would not affect availability for work, and is otherwise
eligible under K.S.A. 44-705(c), and amendments thereto.
(s) For any week with respect to which an individual is receiving or
has received remuneration in the form of a back pay award or settlement.
The remuneration shall be allocated to the week or weeks in the manner as
specified in the award or agreement, or in the absence of such specificity
in the award or agreement, such remuneration shall be allocated to the
week or weeks in which such remuneration, in the judgment of the
secretary, would have been paid.
(1) For any such weeks that an individual receives remuneration in
the form of a back pay award or settlement, an overpayment will be
established in the amount of unemployment benefits paid and shall be
collected from the claimant.
(2) If an employer chooses to withhold from a back pay award or
settlement, amounts paid to a claimant while they claimed unemployment
benefits, such employer shall pay the department the amount withheld.
With respect to such amount, the secretary shall have available all of the
collection remedies authorized or provided in K.S.A. 44-717, and
amendments thereto.
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(t) (1) Any applicant for or recipient of unemployment benefits who
tests positive for unlawful use of a controlled substance or controlled
substance analog shall be required to complete a substance abuse treatment
program approved by the secretary of labor, secretary of commerce or
secretary for children and families, and a job skills program approved by
the secretary of labor, secretary of commerce or the secretary for children
and families. Subject to applicable federal laws, any applicant for or
recipient of unemployment benefits who fails to complete or refuses to
participate in the substance abuse treatment program or job skills program
as required under this subsection shall be ineligible to receive
unemployment benefits until completion of such substance abuse
treatment and job skills programs. Upon completion of both substance
abuse treatment and job skills programs, such applicant for or recipient of
unemployment benefits may be subject to periodic drug screening, as
determined by the secretary of labor. Upon a second positive test for
unlawful use of a controlled substance or controlled substance analog, an
applicant for or recipient of unemployment benefits shall be ordered to
complete again a substance abuse treatment program and job skills
program, and shall be terminated from unemployment benefits for a period
of 12 months, or until such applicant for or recipient of unemployment
benefits completes both substance abuse treatment and job skills programs,
whichever is later. Upon a third positive test for unlawful use of a
controlled substance or controlled substance analog, an applicant for or a
recipient of unemployment benefits shall be terminated from receiving
unemployment benefits, subject to applicable federal law.
(2) Any individual who has been discharged or refused employment
for failing a preemployment drug screen required by an employer may
request that the drug screening specimen be sent to a different drug testing
facility for an additional drug screening. Any such individual who requests
an additional drug screening at a different drug testing facility shall be
required to pay the cost of drug screening.
(3) The provisions of this subsection shall not apply to any individual
who is a patient who has been issued a valid identification card pursuant
to section 10, and amendments thereto.
(u) If the individual was found not to have a disqualifying
adjudication or conviction under K.S.A. 39-970 or 65-5117, and
amendments thereto, was hired and then was subsequently convicted of a
disqualifying felony under K.S.A. 39-970 or 65-5117, and amendments
thereto, and discharged pursuant to K.S.A. 39-970 or 65-5117, and
amendments thereto. The disqualification shall begin the day following the
separation and shall continue until after the individual becomes
reemployed and has had earnings from insured work of at least three times
the individual's determined weekly benefit amount.
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(v) Notwithstanding the provisions of any subsection, an individual
shall not be disqualified for such week of part-time employment in a
substitute capacity for an educational institution if such individual's most
recent employment prior to the individual's benefit year begin date was for
a non-educational institution and such individual demonstrates application
for work in such individual's customary occupation or for work for which
the individual is reasonably fitted by training or experience.
Sec. 88. K.S.A. 44-1009 is hereby amended to read as follows: 44-
1009. (a) It shall be an unlawful employment practice:
(1) For an employer, because of the race, religion, color, sex,
disability, national origin or ancestry of any person to refuse to hire or
employ such person to bar or discharge such person from employment or
to otherwise discriminate against such person in compensation or in terms,
conditions or privileges of employment; to limit, segregate, separate,
classify or make any distinction in regards to employees; or to follow any
employment procedure or practice which, in fact, results in discrimination,
segregation or separation without a valid business necessity.
(2) For a labor organization, because of the race, religion, color, sex,
disability, national origin or ancestry of any person, to exclude or to expel
from its membership such person or to discriminate in any way against any
of its members or against any employer or any person employed by an
employer.
(3) For any employer, employment agency or labor organization to
print or circulate or cause to be printed or circulated any statement,
advertisement or publication, or to use any form of application for
employment or membership or to make any inquiry in connection with
prospective employment or membership, which expresses, directly or
indirectly, any limitation, specification or discrimination as to race,
religion, color, sex, disability, national origin or ancestry, or any intent to
make any such limitation, specification or discrimination, unless based on
a bona fide occupational qualification.
(4) For any employer, employment agency or labor organization to
discharge, expel or otherwise discriminate against any person because such
person has opposed any practices or acts forbidden under this act or
because such person has filed a complaint, testified or assisted in any
proceeding under this act.
(5) For an employment agency to refuse to list and properly classify
for employment or to refuse to refer any person for employment or
otherwise discriminate against any person because of such person's race,
religion, color, sex, disability, national origin or ancestry; or to comply
with a request from an employer for a referral of applicants for
employment if the request expresses, either directly or indirectly, any
limitation, specification or discrimination as to race, religion, color, sex,
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disability, national origin or ancestry.
(6) For an employer, labor organization, employment agency, or
school which provides, coordinates or controls apprenticeship, on-the-job,
or other training or retraining program, to maintain a practice of
discrimination, segregation or separation because of race, religion, color,
sex, disability, national origin or ancestry, in admission, hiring,
assignments, upgrading, transfers, promotion, layoff, dismissal,
apprenticeship or other training or retraining program, or in any other
terms, conditions or privileges of employment, membership,
apprenticeship or training; or to follow any policy or procedure which, in
fact, results in such practices without a valid business motive.
(7) For any person, whether an employer or an employee or not, to
aid, abet, incite, compel or coerce the doing of any of the acts forbidden
under this act, or attempt to do so.
(8) For an employer, labor organization, employment agency or joint
labor-management committee to: (A) Limit, segregate or classify a job
applicant or employee in a way that adversely affects the opportunities or
status of such applicant or employee because of the disability of such
applicant or employee; (B) participate in a contractual or other
arrangement or relationship, including a relationship with an employment
or referral agency, labor union, an organization providing fringe benefits to
an employee or an organization providing training and apprenticeship
programs that has the effect of subjecting a qualified applicant or
employee with a disability to the discrimination prohibited by this act; (C)
utilize standards criteria, or methods of administration that have the effect
of discrimination on the basis of disability or that perpetuate the
discrimination of others who are subject to common administrative
control; (D) exclude or otherwise deny equal jobs or benefits to a qualified
individual because of the known disability of an individual with whom the
qualified individual is known to have a relationship or association; (E) not
make reasonable accommodations to the known physical or mental
limitations of an otherwise qualified individual with a disability who is an
applicant or employee, unless such employer, labor organization,
employment agency or joint labor-management committee can
demonstrate that the accommodation would impose an undue hardship on
the operation of the business thereof; (F) deny employment opportunities
to a job applicant or employee who is an otherwise qualified individual
with a disability, if such denial is based on the need to make reasonable
accommodation to the physical or mental impairments of the employee or
applicant; (G) use qualification standards, employment tests or other
selection criteria that screen out or tend to screen out an individual with a
disability or a class of individuals with disabilities unless the standard, test
or other selection criteria, as used, is shown to be job-related for the
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position in question and is consistent with business necessity; or (H) fail to
select and administer tests concerning employment in the most effective
manner to ensure that, when such test is administered to a job applicant or
employee who has a disability that impairs sensory, manual or speaking
skills, the test results accurately reflect the skills, aptitude or whatever
other factor of such applicant or employee that such test purports to
measure, rather than reflecting the impaired sensory, manual or speaking
skills of such employee or applicant (, except where such skills are the
factors that the test purports to measure).
(9) For any employer to:
(A) Seek to obtain, to obtain or to use genetic screening or testing
information of an employee or a prospective employee to distinguish
between or discriminate against or restrict any right or benefit otherwise
due or available to an employee or a prospective employee; or
(B) subject, directly or indirectly, any employee or prospective
employee to any genetic screening or test.
(10) (A) For an employer, because a person is a patient or caregiver
who has been issued a valid identification card pursuant to section 9, and
amendments thereto, or possesses or uses medical cannabis in accordance
with the Kansas medical cannabis act, section 1 et seq., and amendments
thereto, to:
(i) Refuse to hire or employ a person;
(ii) bar or discharge such person from employment; or
(iii) otherwise discriminate against such person in compensation or
in terms, conditions or privileges of employment without a valid business
necessity.
(B) For a labor organization, because a person is a patient or
caregiver who has been issued a valid identification card pursuant to
section 9, and amendments thereto, or possesses or uses medical cannabis
in accordance with the Kansas medical cannabis act, section 1 et seq., and
amendments thereto, to exclude or expel such person from such labor
organization's membership.
(C) Nothing in this paragraph shall be construed to prohibit a person
from taking any action necessary to procure or retain any monetary
benefit provided under federal law, or any rules and regulations adopted
thereunder, or to obtain or maintain any license, certificate, registration
or other legal status issued or bestowed under federal law, or any rules
and regulations adopted thereunder.
(b) It shall not be an unlawful employment practice to fill vacancies
in such way as to eliminate or reduce imbalance with respect to race,
religion, color, sex, disability, national origin or ancestry.
(c) It shall be an unlawful discriminatory practice:
(1) For any person, as defined herein being the owner, operator,
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lessee, manager, agent or employee of any place of public accommodation
to refuse, deny or make a distinction, directly or indirectly, in offering its
goods, services, facilities, and accommodations to any person as covered
by this act because of race, religion, color, sex, disability, national origin or
ancestry, except where a distinction because of sex is necessary because of
the intrinsic nature of such accommodation.
(2) For any person, whether or not specifically enjoined from
discriminating under any provisions of this act, to aid, abet, incite, compel
or coerce the doing of any of the acts forbidden under this act, or to
attempt to do so.
(3) For any person, to refuse, deny, make a distinction, directly or
indirectly, or discriminate in any way against persons because of the race,
religion, color, sex, disability, national origin or ancestry of such persons
in the full and equal use and enjoyment of the services, facilities,
privileges and advantages of any institution, department or agency of the
state of Kansas or any political subdivision or municipality thereof.
Sec. 89. K.S.A. 44-1015 is hereby amended to read as follows: 44-
1015. As used in this act, unless the context otherwise requires:
(a) "Commission" means the Kansas human rights commission.
(b) "Real property" means and includes:
(1) All vacant or unimproved land; and
(2) any building or structure which is occupied or designed or
intended for occupancy, or any building or structure having a portion
thereof which is occupied or designed or intended for occupancy.
(c) "Family" includes a single individual.
(d) "Person" means an individual, corporation, partnership,
association, labor organization, legal representative, mutual company,
joint-stock company, trust, unincorporated organization, trustee, trustee in
bankruptcy, receiver and fiduciary.
(e) "To rent" means to lease, to sublease, to let and otherwise to grant
for a consideration the right to occupy premises not owned by the
occupant.
(f) "Discriminatory housing practice" means any act that is unlawful
under K.S.A. 44-1016, 44-1017 or 44-1026, and amendments thereto, or
section 71, and amendments thereto.
(g) "Person aggrieved" means any person who claims to have been
injured by a discriminatory housing practice or believes that such person
will be injured by a discriminatory housing practice that is about to occur.
(h) "Disability" has the meaning provided by means the same as
defined in K.S.A. 44-1002, and amendments thereto.
(i) "Familial status" means having one or more individuals less than
18 years of age domiciled with:
(1) A parent or another person having legal custody of such
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individual or individuals; or
(2) the designee of such parent or other person having such custody,
with the written permission of such parent or other person.
Sec. 90. 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
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;
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(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.; or
(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
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
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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 who has been issued a valid
identification card pursuant to the Kansas medical cannabis 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.
Sec. 91. 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
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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
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
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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 who has been issued a valid
identification card pursuant to the Kansas medical cannabis 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
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. 92. 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:
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(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. 93. 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. 94. K.S.A. 2-3901, 8-1567, 21-5703, 21-5705, 21-5706, 21-
5707, 21-5709, 21-5710, 21-6109, 21-6607, 22-3717, 23-3201, 38-2269,
44-501, 44-706, 44-1009, 44-1015, 79-5201 and 79-5210 and K.S.A. 2023
Supp. 65-1120 and 65-28b08 are hereby repealed.
Sec. 95. This act shall take effect and be in force from and after its
publication in the statute book.
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