Kansas 2025-2026 Regular Session

Kansas House Bill HB2354 Compare Versions

Only one version of the bill is available at this time.

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1	1	Session of 2025
2	2	HOUSE BILL No. 2354
3	3	By Committee on Judiciary
4	4	Requested by Representative Vaughn on behalf of Representative S. Ruiz
5	5	2-7
6	6	AN ACT concerning crimes, punishment and criminal procedure; relating
7	7	to unlawful possession of controlled substances; providing an exception
8	8	for residents of Kansas who possess marijuana and are disabled
9	9	veterans with a valid medical marijuana card issued by any state;
10	10	amending K.S.A. 21-5706 and repealing the existing section.
11	11	Be it enacted by the Legislature of the State of Kansas:
12	12	Section 1. K.S.A. 21-5706 is hereby amended to read as follows: 21-
13	13	5706. (a) It shall be unlawful for any person to possess any opiates, opium
14	14	or narcotic drugs, or any stimulant designated in K.S.A. 65-4107(d)(1), (d)
15	15	(3) or (f)(1), and amendments thereto, or a controlled substance analog
16	16	thereof.
17	17	(b) It shall be unlawful for any person to possess any of the following
18	18	controlled substances or controlled substance analogs thereof:
19	19	(1) Any depressant designated in K.S.A. 65-4105(e), 65-4107(e), 65-
20	20	4109(b) or (c) or 65-4111(b), and amendments thereto;
21	21	(2) any stimulant designated in K.S.A. 65-4105(f), 65-4107(d)(2), (d)
22	22	(4), (d)(5) or (f)(2) or 65-4109(e), and amendments thereto;
23	23	(3) any hallucinogenic drug designated in K.S.A. 65-4105(d), 65-
24	24	4107(g) or 65-4109(g), and amendments thereto;
25	25	(4) any substance designated in K.S.A. 65-4105(g) and 65-4111(c),
26	26	(d), (e), (f) or (g), and amendments thereto;
27	27	(5) any anabolic steroids as defined in K.S.A. 65-4109(f), and
28	28	amendments thereto;
29	29	(6) any substance designated in K.S.A. 65-4113, and amendments
30	30	thereto; or
31	31	(7) any substance designated in K.S.A. 65-4105(h), and amendments
32	32	thereto.
33	33	(c) (1) Violation of subsection (a) is a drug severity level 5 felony.
34	34	(2) Except as provided in subsection (c)(3):
35	35	(A) Violation of subsection (b) is a class A nonperson misdemeanor,
36	36	except as provided in subparagraph (B); and
37	37	(B) violation of subsection (b)(1) through (b)(5) or (b)(7) is a drug
38	38	severity level 5 felony if that person has a prior conviction under such
39	39	subsection, under K.S.A. 65-4162, prior to its repeal, under a substantially
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75	75	similar offense from another jurisdiction, or under any city ordinance or
76	76	county resolution for a substantially similar offense if the substance
77	77	involved was 3, 4-methylenedioxymethamphetamine (MDMA), marijuana
78	78	as designated in K.S.A. 65-4105(d), and amendments thereto, or any
79	79	substance designated in K.S.A. 65-4105(h), and amendments thereto, or an
80	80	analog thereof.
81	81	(3) If the substance involved is marijuana, as designated in K.S.A.
82	82	65-4105(d), and amendments thereto, or tetrahydrocannabinols, as
83	83	designated in K.S.A. 65-4105(h), and amendments thereto, violation of
84	84	subsection (b) is a:
85	85	(A) Class B nonperson misdemeanor, except as provided in
86	86	subparagraphs (B) and (C);
87	87	(B) class A nonperson misdemeanor if that person has a prior
88	88	conviction under such subsection, under K.S.A. 65-4162, prior to its
89	89	repeal, under a substantially similar offense from another jurisdiction, or
90	90	under any city ordinance or county resolution for a substantially similar
91	91	offense; and
92	92	(C) drug severity level 5 felony if that person has two or more prior
93	93	convictions under such subsection, under K.S.A. 65-4162, prior to its
94	94	repeal, under a substantially similar offense from another jurisdiction, or
95	95	under any city ordinance or county resolution for a substantially similar
96	96	offense.
97	97	(d) It shall be an affirmative defense to prosecution under this section
98	98	arising out of a person's possession of:
99	99	(1) Any cannabidiol treatment preparation if the person:
100	100	(1)(A) Has a debilitating medical condition, as defined in K.S.A.
101	101	2024 Supp. 65-6235, and amendments thereto, or is the parent or guardian
102	102	of a minor child who has such debilitating medical condition;
103	103	(2)(B) is possessing a cannabidiol treatment preparation, as defined in
104	104	K.S.A. 2024 Supp. 65-6235, and amendments thereto, that is being used to
105	105	treat such debilitating medical condition; and
106	106	(3)(C) has possession of a letter, at all times while the person has
107	107	possession of the cannabidiol treatment preparation, that:
108	108	(A)(i) Shall be shown to a law enforcement officer on such officer's
109	109	request;
110	110	(B)(ii) is dated within the preceding 15 months and signed by the
111	111	physician licensed to practice medicine and surgery in Kansas who
112	112	diagnosed the debilitating medical condition;
113	113	(C)(iii) is on such physician's letterhead; and
114	114	(D)(iv) identifies the person or the person's minor child as such
115	115	physician's patient and identifies the patient's debilitating medical
116	116	condition; and
117	117	(2) marijuana, as designated in K.S.A. 65-4105(d), and amendments
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161	161	thereto, or tetrahydrocannabinols, as designated in K.S.A. 65-4105(h),
162	162	and amendments thereto, if the person:
163	163	(A) Is a resident of this state;
164	164	(B) is a disabled veteran; and
165	165	(C) has a valid medical marijuana card issued to such person by any
166	166	state.
167	167	(e) It shall not be a defense to charges arising under this section that
168	168	the defendant was acting in an agency relationship on behalf of any other
169	169	party in a transaction involving a controlled substance or controlled
170	170	substance analog.
171	171	(f) As used in this section, "disabled veteran" means a person who:
172	172	(1) Served in the active military, naval, air or space service and who
173	173	was discharged or released therefrom under an honorable discharge or a
174	174	general discharge under honorable conditions; and
175	175	(2) received a disability that was incurred or aggravated in the line
176	176	of duty in the active military, naval, air or space service.
177	177	Sec. 2. K.S.A. 21-5706 is hereby repealed.
178	178	Sec. 3. This act shall take effect and be in force from and after its
179	179	publication in the statute book.
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