Medical marijuana advocates in Kansas have one fewer option to legal weed. Here's why.

Gov. Laura Kelly has ruled out using her executive powers to allow for medical marijuana possession in Kansas or to decriminalize the drug, a tactic tried in other states nationally.
Gov. Laura Kelly has ruled out using her executive powers to allow for medical marijuana possession in Kansas or to decriminalize the drug, a tactic tried in other states nationally.
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Gov. Laura Kelly has ruled out using her executive powers to allow for medical marijuana possession in Kansas or to decriminalize the drug, a tactic tried in other states nationally.

Kelly's comments to reporters recently mean that proponents of medical marijuana have one fewer potential option of adding Kansas to the lengthy list of states with legal weed, as hopes in the Legislature have faded in recent years.

Such a move is not without precedent. Kentucky Gov. Andy Beshear, who like Kelly is a Democrat governor with a Republican Legislature, issued an executive order last year allowing for possession of medical marijuana if it was purchased legally outside the state and an individual met certain criteria.

Kentucky was previously one of 13 states without medical or recreational marijuana, a list that includes Kansas as well. Beshear said his decision was born out of frustration by the state's Legislature decision not to approve a more robust medical marijuana program, something which changed earlier this year when a full medical cannabis program was signed into law.

Gov. Laura Kelly: Kansas law keeps her from acting on medical marijuana

Kelly said Kansas law doesn't allow for a similar tactic.

"I don't think I can do that," she said. "I just don't think that is within my purview. ... We're just going to keep pushing through the legislative process."

Lawmakers left Topeka in 2023 without any meaningful movement on medical weed, despite hopes from advocates that they could move the needle on the issue after a bill being crafted in the months leading up to the session.

But its prospects summarily ended late in the session, when the chair of the committee charged with developing cannabis policy said the proposal needed more attention.

More: Medical marijuana legalization in Kansas dead for 2023, Republican says

Sen. Mike Thompson, R-Shawnee, who chairs the Senate Federal and State Affairs Committee, said the proposal was "as close to full-on recreational as a version of medical that you could possibly get" — even though experts said the proposal for Kansas was far more restrictive than policies passed in other states, such as neighboring Oklahoma.

"This bill wasn't a serious bill to begin with," Thompson said.

Allies, including GOP legislators, have said they are pessimistic about their odds in 2024, barring a significant sea change in the opinion of top officials, particularly in the Kansas Senate.

Kelly has previously signaled a hesitation to use her executive powers with respect to cannabis.

President Biden urged pardons for low-level marijuana-related offenses

In October of last year, President Joe Biden called on governors nationally to use their powers to pardon all individuals convicted of low-level marijuana-related offenses, something he proceeded to do at the federal level.

Her office at the time said the governor was focused on medical marijuana legalization and would "continue to consider all clemency and pardon requests based on a complete and thorough review of the individual cases."

More: Joe Biden wants governors to pardon minor marijuana offenses. Will Laura Kelly do it?

Kelly has pardoned individuals convicted of marijuana-related crimes in the past, something Daniel Shafton, president of the Kansas Cannabis Chamber of Commerce, said was a sign that Kelly could take action on her own on cannabis issues.

"In a state where it's virtually impossible to get issues on the ballot, with a legislature completely disregarding the wishes of their constituents, we look to the office of the governor to find a way to get it done," Shafton said in a text message, "as she has with so many other issues."

This article originally appeared on Topeka Capital-Journal: Gov. Laura Kelly rules out Kansas medical marijuana executive actions