Kansas 2023-2024 Regular Session

Kansas House Bill HB2215

Introduced
1/30/23  
Refer
1/30/23  

Caption

Creating the crime of utilizing a drug-masking product and providing criminal penalties therefor.

Impact

With the passage of HB2215, Kansas law will explicitly criminalize the possession, distribution, or sale of drug-masking products, thereby creating a new category of offense within the state's criminal code. This legislation aligns with ongoing efforts to tighten regulation of controlled substances and enhance public health initiatives focused on substance abuse. The implications of this bill are particularly significant in the context of employment, education, and criminal justice, as it provides law enforcement and employers with more tools to enforce compliance with drug-free policies.

Summary

House Bill 2215 aims to address issues surrounding the use of drug-masking products, which are substances such as synthetic urine or human urine used to defraud alcohol or drug screening tests. The bill establishes the crime of 'utilizing a drug-masking product' as a class A nonperson misdemeanor. This provision is an attempt by the legislature to combat the ongoing problem of substance abuse and the circumvention of drug testing protocols, particularly in environments like schools and workplaces where compliance with drug screening is critical.

Conclusion

Overall, HB2215 represents a legislative effort to take a firm stance against drug-related offenses while simultaneously sparking a dialogue about the complexities of drug testing and the justice system's response to substance abuse. The future of this bill will depend on how it is received by both lawmakers and the public as it moves through the legislative process.

Contention

However, the introduction of HB2215 has not been without controversy. Some opponents argue that the bill could lead to unjust penalties for individuals who may use these products for non-deceptive reasons, such as medical conditions that affect their ability to pass drug tests. There are concerns regarding the potential for overreach in enforcement and the stigmatization of those who may be wrongfully accused of attempting to cheat drug tests. Additionally, discussions have emerged about the effectiveness of such legislation in truly mitigating drug abuse versus merely criminalizing a symptom of a larger issue.

Companion Bills

No companion bills found.

Previously Filed As

KS SB238

Increasing criminal penalties on drug-related crimes when the drug is fentanyl and creating special sentencing rules for mandatory imprisonment and additional terms of imprisonment for drug-related crimes when the drug is fentanyl or is attractive to minors because of its appearance or packaging.

KS HB2398

Adding the placing of controlled substances into pills into the definition of manufacture, increasing the criminal penalties for manufacturing fentanyl and creating a special sentencing rule to make sentences for distributing fentanyl presumptive imprisonment.

KS SB292

Prohibiting the transfer of hemp-derived cannabinoid products to any person under the age of 21, establishing packaging and labeling requirements for such products and amending the definition of industrial hemp and hemp products.

KS SB174

Increasing the criminal penalties for battery of a healthcare provider, adding the placing of controlled substances into pills into the definition of manufacture, increasing the criminal penalties for manufacturing fentanyl and for manufacturing or distributing any controlled substances that are likely to be attractive to minors because of their appearance or packaging, creating a special sentencing rule to make sentences for distributing fentanyl presumptive imprisonment, excluding materials used to detect the presence of fentanyl, ketamine or gamma hydroxybutyric acid from the definition of drug paraphernalia, adding domestic battery and violation of a protection order to the crimes that a person can have the intent to commit when committing burglary or aggravated burglary, increasing criminal penalties for the crime of interference with law enforcement when the violation involves fleeing from a law enforcement officer and authorizing the attorney general to prosecute certain crimes that are part of an alleged course of criminal conduct that occurred in two or more counties.

KS HB2328

Excluding tests to detect the presence of fentanyl, ketamine or gamma hydroxybutyric acid in a substance from the definition of drug paraphernalia.

KS HB2547

Pertaining to the regulation of certain drugs, authorizing schools to maintain stock supplies of emergency medication kits for certain life-threatening conditions and adding and removing certain substances in schedules I, II, IV and V of the uniform controlled substances act and making conforming changes to the criminal code definition of fentanyl-related controlled substances.

KS HB2390

House Substitute for HB 2390 by Committee on Public Health and Welfare - Requiring the secretary of health and environment to study drug overdose death cases and providing for the confidentiality of acquired and related records, restricting the authority of the secretary of health and environment and local health officers to prevent the introduction and spread of infectious or contagious diseases and repealing the authority of the secretary to quarantine individuals and impose associated penalties.

KS HB2596

Adding and removing certain substances in schedules I, II, IV and V of the uniform controlled substances act and making conforming changes to the criminal code definition of "fentanyl-related controlled substances."

KS HB2218

Amending the definition of "psilocybin" in the uniform controlled substances act to exclude the pharmaceutical composition of crystalline polymorph psilocybin and adding crystalline polymorph psilocybin to schedule IV of the uniformed controlled substance act.

KS HB2072

Reducing the criminal penalties for most severity level 5 drug crimes and increasing the penalties for offenders in criminal history category 5-I.

Similar Bills

CA AB2018

Controlled substances: fenfluramine.

CA SB1502

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CA AB527

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CA SB6

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CA AB2783

Controlled substances: hydrocodone combination products: schedules.

CA AB2589

Controlled substances: human chorionic gonadotropin.

MS HB232

Uniform Controlled Substances Act; revise schedules.

MS SB2283

Uniform Controlled Substances Act; revise schedules.