Session of 2025
SENATE BILL No. 292
By Committee on Federal and State Affairs
3-6
AN ACT concerning industrial hemp; relating to hemp-derived
cannabinoid products; prohibiting the transfer of such products to any
person under the age of 21; establishing packaging and labeling
requirements for such products; amending the definition of industrial
hemp and hemp products; amending K.S.A. 2-3908 and K.S.A. 2024
Supp. 2-3901, 21-5701 and 65-4101 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) As used in this section:
(1) "Approved source" means:
(A) A person authorized to produce industrial hemp under a state or
federal plan in accordance with 7 U.S.C. § 1621 et seq., and amendments
thereto;
(B) a person registered as an industrial hemp processor by the state
fire marshal; or
(C) a person authorized by another state to process industrial hemp or
manufacture hemp products if such state has been approved by the Kansas
department of agriculture as having equivalent state standards for
processing, laboratory testing and labeling requirements;
(2) "cartoon" means any drawing or other depiction of an object,
person, animal, creature or any similar caricature that satisfies any of the
following criteria:
(A) The use of comically exaggerated features;
(B) the attribution of human characteristics to animals, plants or other
objects, or the similar use of anthropomorphic technique; or
(C) the attribution of unnatural or extra-human abilities, such as
imperviousness to pain or injury, X-ray vision, tunneling at very high
speeds or transformation;
(3) "child-resistant" means packaging that is:
(A) Designed or constructed to be significantly difficult for children
under five years of age to open yet not difficult for adults to use properly;
and
(B) resealable for any product intended for more than a single use or
containing multiple servings;
(4) "cosmetic" means the same as defined in K.S.A. 65-656, and
amendments thereto;
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(5) "department" means the Kansas department of agriculture;
(6) "hemp-derived cannabinoid product" means an ingestible,
inhalable or cosmetic product that is processed or derived from industrial
hemp; and
(7) "industrial hemp" means the same as defined in K.S.A. 2-3901,
and amendments thereto.
(b) All hemp-derived cannabinoid products sold in a retail
establishment shall:
(1) Be from an approved source;
(2) be packaged and labeled in accordance with this section; and
(3) have a valid printed certificate of analysis available upon request.
(c) A hemp-derived cannabinoid product, excluding cosmetics, shall
not be sold, gifted or otherwise transferred to any person under the age of
21.
(d) (1) Each hemp-derived cannabinoid product sold or otherwise
distributed in the state shall bear labeling to allow the consumer to access
information on the product, including a certificate of analysis for the
product, the location where the hemp was grown and the address and
phone number of the manufacturer or distributor. Such labeling shall
utilize the following:
(A) A scanning bar code, including the batch number or serial
number of the product;
(B) a quick-response code; or
(C) a web address linked to a document or website.
(2) No product labeling or advertising material for any hemp-derived
cannabinoid product sold or otherwise distributed in the state shall bear
any claims stating that the product can diagnose, treat, cure or prevent any
disease.
(3) Each container or package of hemp-derived cannabinoid product,
excluding cosmetics, shall:
(A) Have a tamper-evident seal; and
(B) be in child-resistant packaging.
(4) Each container or package of hemp-derived cannabinoid product
that is a cosmetic shall have a tamper-evident seal.
(5) Hemp-derived cannabinoid product packaging shall not include:
(A) Any cartoon images;
(B) likeness to images, characters or phrases that are popularly used
to advertise to children;
(C) likeness to or imitation of any commercially available candy,
snack, baked good or beverage packaging or labeling;
(D) the terms "candy" or "candies", or any variation in the spelling of
these words; or
(E) the logo of the department, or any seal, flag, crest, coat of arms or
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other insignia that could reasonably mislead any person to believe the
product has been endorsed, manufactured or used by any state, county, or
municipality or any agency thereof, excluding the use of seals associated
with state or federal programs used in accordance with state or federal law.
Sec. 2. K.S.A. 2024 Supp. 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 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, hemp-
derived cannabinoid products, paint, paper, particleboard, plastics, seed,
seed meal and seed oil for consumption and any extract from industrial
hemp intended for further processing. Final "hemp products" may contain
a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a
dry weight basis. 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" or "hemp" means all parts and varieties of the
plant cannabis sativa L., and any part of that plant, including the seeds
thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts,
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and salts of isomers, whether growing or not, that contain with 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.
(11) "Hemp employee" means a person who has applied for
employment or is currently employed with the Kansas department of
agriculture who oversees or regulates industrial hemp.
(12) "Applicant" means a person who has submitted an application
for licensure as a hemp producer or registration as a hemp processor.
(13) "Hemp destruction employee" means an employee or agent of
the Kansas department of agriculture who participates in the effective
disposal of industrial hemp.
Sec. 3. K.S.A. 2-3908 is hereby amended to read as follows: 2-3908.
(a) (1) It shall be unlawful for any of the following hemp products product
to be manufactured, marketed, sold or distributed by any person in the
state of Kansas:
(A) Cigarettes containing industrial hemp;
(B) cigars containing industrial hemp;
(C) chew, dip or other smokeless material containing industrial hemp;
(D) teas containing industrial hemp;
(E) liquids, solids or gases containing industrial hemp for use in
vaporizing devices; and
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(F) any other hemp product that is intended for human or animal
consumption containing any ingredient derived from industrial hemp that
is prohibited pursuant to the Kansas food, drug and cosmetic act, K.S.A.
65-636 et seq., and amendments thereto, and the commercial feeding stuffs
act, K.S.A. 2-1001 et seq., and amendments thereto. This subparagraph
shall not otherwise prohibit the use of any such ingredient, including
cannabidiol oil, in such hemp products.
(2) A dietary supplement, food, beverage or cosmetic product is not
adulterated by the inclusion of industrial hemp as long as the industrial
hemp in such product meets the requirements in K.S.A. 2-3901 et seq., and
amendments thereto. The sale of a dietary supplement, food, beverage or
cosmetic that includes industrial hemp shall not be restricted or prohibited
based solely on the inclusion of industrial hemp, provided that the
industrial hemp in the product meets the requirements in K.S.A. 2-3901 et
seq., and amendments thereto.
(2)(3) As used in this subsection:
(A) "Human or animal consumption" means:
(i) Ingested orally; or
(ii) applied by any means such that an ingredient derived from
industrial hemp enters the human or animal body.
(B) "Intended for human or animal consumption" means:
(i) Designed by the manufacturer for human or animal consumption;
(ii) marketed for human or animal consumption; or
(iii) distributed with the intent that it be used for human or animal
consumption.
(b) (1) It shall be unlawful for any of the following hemp products to
be marketed, sold or distributed to any person in Kansas who is not
registered as a hemp processor pursuant to K.S.A. 2-3907, and
amendments thereto, or who does not possess a license by the Kansas
department of agriculture under any commercial plan established pursuant
to K.S.A. 2-3906, and amendments thereto, or the research program
established pursuant to K.S.A. 2-3902, and amendments thereto:
(A) Industrial hemp buds;
(B) ground industrial hemp floral material;
(C) ground industrial hemp leaf material; or
(D) any extract from industrial hemp with a delta-9
tetrahydrocannabinol concentration greater than 0.3% that will be further
processed.
(2) No license or registration shall be required for the transport of
hemp products described in paragraph (1) if such products are transported
between hemp producers and hemp processors or between more than one
hemp processor. Any such transportation of hemp products shall be subject
to rules and regulations promulgated by the state fire marshal pursuant to
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this act.
(c) (1) Upon a first conviction for a violation of this section, a person
shall be guilty of a class A nonperson misdemeanor.
(2) On a second or subsequent conviction for a violation of this
section, a person shall be guilty of a severity level 9, nonperson felony.
(d) Nothing in this section shall prohibit:
(1) The use of any hemp product for research purposes by a state
educational institution or affiliated entity; or
(2) the production, use or sale of any hemp product that is otherwise
not prohibited by state or federal law.
(e) This section shall be a part of and supplemental to the commercial
industrial hemp act, K.S.A. 2-3901 et seq., and amendments thereto.
Sec. 4. K.S.A. 2024 Supp. 21-5701 is hereby amended to read as
follows: 21-5701. As used in K.S.A. 21-5701 through 21-5717, and
amendments thereto:
(a) "Controlled substance" means any drug, substance or immediate
precursor included in any of the schedules designated in K.S.A. 65-4105,
65-4107, 65-4109, 65-4111 and 65-4113, and amendments thereto.
(b) (1) "Controlled substance analog" means a substance that is
intended for human consumption, and at least one of the following:
(A) The chemical structure of the substance is substantially similar to
the chemical structure of a controlled substance listed in or added to the
schedules designated in K.S.A. 65-4105 or 65-4107, and amendments
thereto;
(B) the substance has a stimulant, depressant or hallucinogenic effect
on the central nervous system substantially similar to the stimulant,
depressant or hallucinogenic effect on the central nervous system of a
controlled substance included in the schedules designated in K.S.A. 65-
4105 or 65-4107, and amendments thereto; or
(C) with respect to a particular individual, such individual represents
or intends the substance to have a stimulant, depressant or hallucinogenic
effect on the central nervous system substantially similar to the stimulant,
depressant or hallucinogenic effect on the central nervous system of a
controlled substance included in the schedules designated in K.S.A. 65-
4105 or 65-4107, and amendments thereto.
(2) "Controlled substance analog" does not include:
(A) A controlled substance;
(B) a substance for which there is an approved new drug application;
or
(C) a substance with respect to which an exemption is in effect for
investigational use by a particular person under section 505 of the federal
food, drug, and cosmetic act, 21 U.S.C. § 355, to the extent conduct with
respect to the substance is permitted by the exemption.
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(c) "Cultivate" means the planting or promotion of growth of five or
more plants that contain or can produce controlled substances.
(d) "Distribute" means the actual, constructive or attempted transfer
from one person to another of some item whether or not there is an agency
relationship. "Distribute" includes, but is not limited to, sale, offer for sale
or any act that causes some item to be transferred from one person to
another. "Distribute" does not include acts of administering, dispensing or
prescribing a controlled substance as authorized by the pharmacy act of the
state of Kansas, the uniform controlled substances act or otherwise
authorized by law.
(e) (1) "Drug" means:
(A) Substances recognized as drugs in the official United States
pharmacopeia, official homeopathic pharmacopoeia of the United States or
official national formulary or any supplement to any of them;
(B) substances intended for use in the diagnosis, cure, mitigation,
treatment or prevention of disease in humans or animals;
(C) substances, other than food, intended to affect the structure or any
function of the body of humans or animals; and
(D) substances intended for use as a component of any article
specified in subparagraph (A), (B) or (C).
(2) "Drug" does not include devices or their components, parts or
accessories.
(f) (1) "Drug paraphernalia" means all equipment and materials of
any kind that are used, or primarily intended or designed for use in
planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing, concealing,
injecting, ingesting, inhaling or otherwise introducing into the human body
a controlled substance and in violation of this act.
(2) "Drug paraphernalia" includes, but is not limited to:
(A) Kits used or intended for use in planting, propagating, cultivating,
growing or harvesting any species of plant that is a controlled substance or
from which a controlled substance can be derived;
(B) kits used or intended for use in manufacturing, compounding,
converting, producing, processing or preparing controlled substances;
(C) isomerization devices used or intended for use in increasing the
potency of any species of plant that is a controlled substance;
(D) testing equipment used or intended for use in identifying or in
analyzing the strength, effectiveness or purity of controlled substances;
(E) scales and balances used or intended for use in weighing or
measuring controlled substances;
(F) diluents and adulterants, including, but not limited to, quinine
hydrochloride, mannitol, mannite, dextrose and lactose that are used or
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intended for use in cutting controlled substances;
(G) separation gins and sifters used or intended for use in removing
twigs and seeds from or otherwise cleaning or refining marijuana;
(H) blenders, bowls, containers, spoons and mixing devices used or
intended for use in compounding controlled substances;
(I) capsules, balloons, envelopes, bags and other containers used or
intended for use in packaging small quantities of controlled substances;
(J) containers and other objects used or intended for use in storing or
concealing controlled substances;
(K) hypodermic syringes, needles and other objects used or intended
for use in parenterally injecting controlled substances into the human
body;
(L) objects used or primarily intended or designed for use in
ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish,
hashish oil, phencyclidine (PCP), methamphetamine or amphetamine into
the human body, such as:
(i) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with
or without screens, permanent screens, hashish heads or punctured metal
bowls;
(ii) water pipes, bongs or smoking pipes designed to draw smoke
through water or another cooling device;
(iii) carburetion pipes, glass or other heat-resistant tubes or any other
device used, intended to be used or designed to be used to cause
vaporization of a controlled substance for inhalation;
(iv) smoking and carburetion masks;
(v) roach clips, objects used to hold burning material, such as a
marijuana cigarette, that has become too small or too short to be held in
the hand;
(vi) miniature cocaine spoons and cocaine vials;
(vii) chamber smoking pipes;
(viii) carburetor smoking pipes;
(ix) electric smoking pipes;
(x) air-driven smoking pipes;
(xi) chillums;
(xii) bongs;
(xiii) ice pipes or chillers;
(xiv) any smoking pipe manufactured to disguise its intended
purpose;
(xv) wired cigarette papers; or
(xvi) cocaine freebase kits.
(3) "Drug paraphernalia" does not include:
(A) Any products, chemicals or materials described in K.S.A. 21-
5709(a), and amendments thereto; or
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(B) any materials used or intended for use to test a substance for the
presence of fentanyl, a fentanyl analog, ketamine or gamma
hydroxybutyric acid.
(g) "Fentanyl-related controlled substance" means any substance
designated in K.S.A. 65-4105(b)(1), (b)(2), (b)(4), (b)(10), (b)(11), (b)
(12), (b)(15), (b)(16), (b)(17), (b)(20), (b)(21), (b)(24), (b)(26), (b)(27), (b)
(28), (b)(35), (b)(42), (b)(43), (b)(44), (b)(45), (b)(48), (b)(50), (b)(54), (b)
(55), (b)(56), (b)(57), (b)(58), (b)(59), (b)(68), (b)(70), (b)(71), (b)(72), (b)
(73), (b)(74), (b)(75), (b)(76), (b)(77), (b)(78), (b)(79), (b)(80), (b)(81), (b)
(82), (b)(83), (b)(84), (b)(85), (b)(91), (b)(97), (b)(98), (b)(99), (b)(103),
(b)(104), (g)(1) or (g)(2) or 65-4107(c)(1), (c)(6), (c)(9), (c)(26), (c)(28),
(c)(30), (f)(3)(A) or (f)(3)(B), and amendments thereto, or any analog
thereof.
(h) "Immediate precursor" means a substance that the state board of
pharmacy has found to be and by rules and regulations designates as being
the principal compound commonly used or produced primarily for use and
that is an immediate chemical intermediary used or likely to be used in the
manufacture of a controlled substance, the control of which is necessary to
prevent, curtail or limit manufacture.
(i) "Isomer" means all enantiomers and diastereomers.
(j) "Manufacture" means the production, preparation, propagation,
compounding, conversion or processing of or placing into pill or capsule
form a controlled substance either directly or indirectly or by extraction
from substances of natural origin or independently by means of chemical
synthesis or by a combination of extraction and chemical synthesis.
"Manufacture" does not include:
(1) The preparation or compounding of a controlled substance by an
individual for the individual's own lawful use or the preparation,
compounding, packaging or labeling of a controlled substance:
(A) By a practitioner or the practitioner's agent pursuant to a lawful
order of a practitioner as an incident to the practitioner's administering or
dispensing of a controlled substance in the course of the practitioner's
professional practice; or
(B) by a practitioner or by the practitioner's authorized agent under
such practitioner's supervision for the purpose of or as an incident to
research, teaching or chemical analysis or by a pharmacist or medical care
facility as an incident to dispensing of a controlled substance; or
(2) the addition of diluents or adulterants, including, but not limited
to, quinine hydrochloride, mannitol, mannite, dextrose or lactose that are
intended for use in cutting a controlled substance.
(k) "Marijuana" means all parts of all varieties of the plant Cannabis
whether growing or not, the seeds thereof, the resin extracted from any
part of the plant and every compound, manufacture, salt, derivative,
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mixture or preparation of the plant, its seeds or resin. "Marijuana" does not
include:
(1) 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;
(2) any substance listed in schedules II through V of the uniform
controlled substances act;
(3) drug products approved by the United States food and drug
administration as of the effective date of this act;
(4) cannabidiol (other trade name: 2-[(3-methyl-6-(1-methylethenyl)-
2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol); or
(5) 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.
(l) "Minor" means a person under 18 years of age.
(m) "Narcotic drug" means any of the following whether produced
directly or indirectly by extraction from substances of vegetable origin or
independently by means of chemical synthesis or by a combination of
extraction and chemical synthesis:
(1) Opium and opiate and any salt, compound, derivative or
preparation of opium or opiate;
(2) any salt, compound, isomer, derivative or preparation thereof that
is chemically equivalent or identical with any of the substances referred to
in paragraph (1) but not including the isoquinoline alkaloids of opium;
(3) opium poppy and poppy straw;
(4) coca leaves and any salt, compound, derivative or preparation of
coca leaves and any salt, compound, isomer, derivative or preparation
thereof that is chemically equivalent or identical with any of these
substances, but not including decocainized coca leaves or extractions of
coca leaves that do not contain cocaine or ecgonine.
(n) "Opiate" means any substance having an addiction-forming or
addiction-sustaining liability similar to morphine or being capable of
conversion into a drug having addiction-forming or addiction-sustaining
liability. "Opiate" does not include, unless specifically designated as
controlled under K.S.A. 65-4102, and amendments thereto, the
dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts
(dextromethorphan). "Opiate" does include its racemic and levorotatory
forms.
(o) "Opium poppy" means the plant of the species Papaver
somniferum l. except its seeds.
(p) "Person" means an individual, corporation, government or
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governmental subdivision or agency, business trust, estate, trust,
partnership, association or any other legal entity.
(q) "Poppy straw" means all parts, except the seeds, of the opium
poppy, after mowing.
(r) "School property" means property upon which is located a
structure used by a unified school district or an accredited nonpublic
school for student instruction or attendance or extracurricular activities of
pupils enrolled in kindergarten or any of the grades one through 12. This
definition shall not be construed as requiring that school be in session or
that classes are actually being held at the time of the offense or that
children must be present within the structure or on the property during the
time of any alleged criminal act. If the structure or property meets the
above definition, the actual use of that structure or property at the time
alleged shall not be a defense to the crime charged or the sentence
imposed.
(s) "Simulated controlled substance" means any product that
identifies itself by a common name or slang term associated with a
controlled substance and that indicates on its label or accompanying
promotional material that the product simulates the effect of a controlled
substance.
Sec. 5. K.S.A. 2024 Supp. 65-4101 is hereby amended to read as
follows: 65-4101. As used in this act:
(a) "Administer" means the direct application of a controlled
substance, whether by injection, inhalation, ingestion or any other means,
to the body of a patient or research subject by:
(1) A practitioner or pursuant to the lawful direction of a practitioner;
or
(2) the patient or research subject at the direction and in the presence
of the practitioner.
(b) "Agent" means an authorized person who acts on behalf of or at
the direction of a manufacturer, distributor or dispenser. "Agent" does not
include a common carrier, public warehouseman or employee of the carrier
or warehouseman.
(c) "Application service provider" means an entity that sells
electronic prescription or pharmacy prescription applications as a hosted
service where the entity controls access to the application and maintains
the software and records on its server.
(d) "Board" means the state board of pharmacy.
(e) "Bureau" means the bureau of narcotics and dangerous drugs,
United States department of justice, or its successor agency.
(f) "Controlled substance" means any drug, substance or immediate
precursor included in any of the schedules designated in K.S.A. 65-4105,
65-4107, 65-4109, 65-4111 and 65-4113, and amendments thereto.
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(g) (1) "Controlled substance analog" means a substance that is
intended for human consumption, and at least one of the following:
(A) The chemical structure of the substance is substantially similar to
the chemical structure of a controlled substance listed in or added to the
schedules designated in K.S.A. 65-4105 or 65-4107, and amendments
thereto;
(B) the substance has a stimulant, depressant or hallucinogenic effect
on the central nervous system substantially similar to the stimulant,
depressant or hallucinogenic effect on the central nervous system of a
controlled substance included in the schedules designated in K.S.A. 65-
4105 or 65-4107, and amendments thereto; or
(C) with respect to a particular individual, such individual represents
or intends the substance to have a stimulant, depressant or hallucinogenic
effect on the central nervous system substantially similar to the stimulant,
depressant or hallucinogenic effect on the central nervous system of a
controlled substance included in the schedules designated in K.S.A. 65-
4105 or 65-4107, and amendments thereto.
(2) "Controlled substance analog" does not include:
(A) A controlled substance;
(B) a substance for which there is an approved new drug application;
or
(C) a substance with respect to which an exemption is in effect for
investigational use by a particular person under section 505 of the federal
food, drug and cosmetic act, 21 U.S.C. § 355, to the extent conduct with
respect to the substance is permitted by the exemption.
(h) "Counterfeit substance" means a controlled substance that, or the
container or labeling of which, without authorization bears the trademark,
trade name or other identifying mark, imprint, number or device or any
likeness thereof of a manufacturer, distributor or dispenser other than the
person who in fact manufactured, distributed or dispensed the substance.
(i) "Cultivate" means the planting or promotion of growth of five or
more plants that contain or can produce controlled substances.
(j) "DEA" means the U.S. department of justice, drug enforcement
administration.
(k) "Deliver" or "delivery" means the actual, constructive or
attempted transfer from one person to another of a controlled substance,
whether or not there is an agency relationship.
(l) "Dispense" means to deliver a controlled substance to an ultimate
user or research subject by or pursuant to the lawful order of a practitioner,
including the packaging, labeling or compounding necessary to prepare the
substance for that delivery, or pursuant to the prescription of a mid-level
practitioner.
(m) "Dispenser" means a practitioner or pharmacist who dispenses, or
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a physician assistant who has authority to dispense prescription-only drugs
in accordance with K.S.A. 65-28a08(b), and amendments thereto.
(n) "Distribute" means to deliver other than by administering or
dispensing a controlled substance.
(o) "Distributor" means a person who distributes.
(p) (1) "Drug" means substances:
(A) Recognized as drugs in the official United States pharmacopeia,
official homeopathic pharmacopoeia of the United States or official
national formulary or any supplement to any of them;
(B) intended for use in the diagnosis, cure, mitigation, treatment or
prevention of disease in human or animals;
(C) other than food intended to affect the structure or any function of
the body of human or animals; and
(D) intended for use as a component of any article specified in
subparagraph (A), (B) or (C).
(2) "Drug" does not include devices or their components, parts or
accessories.
(q) "Immediate precursor" means a substance that the board has
found to be and by rule and regulation designates as being the principal
compound commonly used or produced primarily for use and that is an
immediate chemical intermediary used or likely to be used in the
manufacture of a controlled substance, the control of which is necessary to
prevent, curtail or limit manufacture.
(r) "Electronic prescription" means an electronically prepared
prescription that is authorized and transmitted from the prescriber to the
pharmacy by means of electronic transmission.
(s) "Electronic prescription application" means software that is used
to create electronic prescriptions and that is intended to be installed on the
prescriber's computers and servers where access and records are controlled
by the prescriber.
(t) "Electronic signature" means a confidential personalized digital
key, code, number or other method for secure electronic data transmissions
that identifies a particular person as the source of the message,
authenticates the signatory of the message and indicates the person's
approval of the information contained in the transmission.
(u) "Electronic transmission" means the transmission of an electronic
prescription, formatted as an electronic data file, from a prescriber's
electronic prescription application to a pharmacy's computer, where the
data file is imported into the pharmacy prescription application.
(v) "Electronically prepared prescription" means a prescription that is
generated using an electronic prescription application.
(w) "Facsimile transmission" or "fax transmission" means the
transmission of a digital image of a prescription from the prescriber or the
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prescriber's agent to the pharmacy. "Facsimile transmission" includes, but
is not limited to, transmission of a written prescription between the
prescriber's fax machine and the pharmacy's fax machine; transmission of
an electronically prepared prescription from the prescriber's electronic
prescription application to the pharmacy's fax machine, computer or
printer; or transmission of an electronically prepared prescription from the
prescriber's fax machine to the pharmacy's fax machine, computer or
printer.
(x) "Intermediary" means any technology system that receives and
transmits an electronic prescription between the prescriber and the
pharmacy.
(y) "Isomer" means all enantiomers and diastereomers.
(z) "Manufacture" means the production, preparation, propagation,
compounding, conversion or processing of a controlled substance either
directly or indirectly or by extraction from substances of natural origin or
independently by means of chemical synthesis or by a combination of
extraction and chemical synthesis and includes any packaging or
repackaging of the substance or labeling or relabeling of its container,
except that this term does not include the preparation or compounding of a
controlled substance by an individual for the individual's own lawful use
or the preparation, compounding, packaging or labeling of a controlled
substance:
(1) By a practitioner or the practitioner's agent pursuant to a lawful
order of a practitioner as an incident to the practitioner's administering or
dispensing of a controlled substance in the course of the practitioner's
professional practice; or
(2) by a practitioner or by the practitioner's authorized agent under
such practitioner's supervision for the purpose of or as an incident to
research, teaching or chemical analysis or by a pharmacist or medical care
facility as an incident to dispensing of a controlled substance.
(aa) "Marijuana" means all parts of all varieties of the plant Cannabis
whether growing or not, the seeds thereof, the resin extracted from any
part of the plant and every compound, manufacture, salt, derivative,
mixture or preparation of the plant, its seeds or resin. It does not include:
(1) 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;
(2) any substance listed in schedules II through V of the uniform
controlled substances act;
(3) drug products approved by the United States food and drug
administration as of the effective date of this act;
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(4) cannabidiol (other trade name: 2-[(3-methyl-6-(1-methylethenyl)-
2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol); or
(5) 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.
(bb) "Medical care facility" shall have the meaning ascribed to that
term in K.S.A. 65-425, and amendments thereto.
(cc) "Mid-level practitioner" means a certified nurse-midwife
engaging in the independent practice of midwifery under the independent
practice of midwifery act, an advanced practice registered nurse issued a
license pursuant to K.S.A. 65-1131, and amendments thereto, who has
authority to prescribe drugs under K.S.A. 65-1130, and amendments
thereto, or a physician assistant licensed under the physician assistant
licensure act who has authority to prescribe drugs pursuant to a written
agreement with a supervising physician under K.S.A. 65-28a08, and
amendments thereto.
(dd) "Narcotic drug" means any of the following whether produced
directly or indirectly by extraction from substances of vegetable origin or
independently by means of chemical synthesis or by a combination of
extraction and chemical synthesis:
(1) Opium and opiate and any salt, compound, derivative or
preparation of opium or opiate;
(2) any salt, compound, isomer, derivative or preparation thereof that
is chemically equivalent or identical with any of the substances referred to
in paragraph (1) but not including the isoquinoline alkaloids of opium;
(3) opium poppy and poppy straw;
(4) coca leaves and any salt, compound, derivative or preparation of
coca leaves, and any salt, compound, isomer, derivative or preparation
thereof that is chemically equivalent or identical with any of these
substances, but not including decocainized coca leaves or extractions of
coca leaves that do not contain cocaine or ecgonine.
(ee) "Opiate" means any substance having an addiction-forming or
addiction-sustaining liability similar to morphine or being capable of
conversion into a drug having addiction-forming or addiction-sustaining
liability. It does not include, unless specifically designated as controlled
under K.S.A. 65-4102, and amendments thereto, the dextrorotatory isomer
of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does
include its racemic and levorotatory forms.
(ff) "Opium poppy" means the plant of the species Papaver
somniferum l. except its seeds.
(gg) "Person" means an individual, corporation, government, or
governmental subdivision or agency, business trust, estate, trust,
partnership or association or any other legal entity.
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(hh) "Pharmacist" means any natural person licensed under K.S.A.
65-1625 et seq., and amendments thereto, to practice pharmacy.
(ii) "Pharmacist intern" means: (1) A student currently enrolled in an
accredited pharmacy program; (2) a graduate of an accredited pharmacy
program serving such person's internship; or (3) a graduate of a pharmacy
program located outside of the United States that is not accredited and who
had successfully passed equivalency examinations approved by the board.
(jj) "Pharmacy prescription application" means software that is used
to process prescription information, is installed on a pharmacy's computers
and servers, and is controlled by the pharmacy.
(kk) "Poppy straw" means all parts, except the seeds, of the opium
poppy, after mowing.
(ll) "Practitioner" means a person licensed to practice medicine and
surgery, dentist, podiatrist, veterinarian, optometrist, or scientific
investigator or other person authorized by law to use a controlled
substance in teaching or chemical analysis or to conduct research with
respect to a controlled substance.
(mm) "Prescriber" means a practitioner or a mid-level practitioner.
(nn) "Production" includes the manufacture, planting, cultivation,
growing or harvesting of a controlled substance.
(oo) "Readily retrievable" means that records kept by automatic data
processing applications or other electronic or mechanized recordkeeping
systems can be separated out from all other records within a reasonable
time not to exceed 48 hours of a request from the board or other authorized
agent or that hard-copy records are kept on which certain items are
asterisked, redlined or in some other manner visually identifiable apart
from other items appearing on the records.
(pp) "Ultimate user" means a person who lawfully possesses a
controlled substance for such person's own use or for the use of a member
of such person's household or for administering to an animal owned by
such person or by a member of such person's household.
Sec. 6. K.S.A. 2-3908 and K.S.A. 2024 Supp. 2-3901, 21-5701 and
65-4101 are hereby repealed.
Sec. 7. This act shall take effect and be in force from and after its
publication in the statute book.
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