EXPLAINER: Why Kansans can’t put marijuana on the ballot

EXPLAINER: Why Kansans can’t put marijuana on the ballot

TOPEKA (KSNT) – The push to legalize weed is still alive in Kansas. However, it could take awhile to get some Republicans on board.

State lawmakers put a hold on medical marijuana last year, and it could stay that way. Meanwhile, over in Missouri, it was put up for a vote in 2022 and business has been booming ever since.

“There are drive-thru marijuana dispensaries on the east side of state line road in Kansas City… state and local governments in Missouri are getting revenue from the sale of marijuana,” said Michael Smith, a political science professor and author from Emporia.

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Smith, along with Topeka Political Analyst Bob Beatty, joined the weekly capital city political show “Inside Kansas Politics” last Sunday to discuss hot topics at the Kansas Statehouse. While, marijuana legalization efforts fall flat almost every year, advocates are still hoping for a change. 

“If this ever does get traction in Kansas, it may be because it becomes a revenue issue…,” Smith said.

Unlike Missouri, the road to legalization could take a little longer for marijuana advocates in Kansas. Citizens in the Sunflower State can’t initiate a vote on new laws through a ballot-initiative or referendum.

Only about two dozen states in the U.S. give people the power to petition for a constitutional amendment or ballot measure. That includes all four of Kansas’ neighboring states; most of which have legalized weed in some form.

“It’s the same idea with Medicaid Expansion… some states have actually had referendums on Medicaid Expansion and basically done an end-around the Legislature… and of course, many have done it with marijuana as well… but, Kansas does not,” Beatty explained.

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That means it’s up to the Republican-controlled Legislature to take action on marijuana reform. State lawmakers have the power to pass new laws, or put a constitutional amendment on the ballot for a vote; similar to the failed abortion amendment in 2022.

Nexstar’s Kansas Capitol Bureau spoke with Kansas House Speaker Dan Hawkins, R-Wichita, and Kansas Senate President Ty Masterson, R-Andover, last month. Hawkins said the move to take up legislation is in the Senate’s hands.

“I’ve always been pretty consistent that if the Senate passes something, I will work on it… so, we’re just kind of waiting,” Hawkins said.

Meanwhile, Masterson said he’s “open to the conversation.” However, he seems to be less open to taking up a constitutional amendment.

“What I’m open to is basically some type of pilot program, or something that is controlled to the point that you can test it… but the horse isn’t out of the barn and you can’t ever put it back in,” Masterson explained. “Doing proposition or open vote in general… those usually come down to media campaigns… and there’s a lot of money involved and the guy with the most money wins… so I think it’s more for the committee process.”

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There’s no timeline yet on when those discussions could take place.

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