After momentum in 2021, major political hurdles remain for medical marijuana in Kansas
Days before a hearing was set to begin on a medical marijuana bill already passed by the Kansas House, Senate Republicans abruptly canceled the session and moved the measure to a committee that seldom considers legislation, leaving the proposal’s future in question.
On Thursday Senate President Ty Masterson shifted the bill into the Committee on Interstate Cooperation, a panel comprised of leadership that he chairs. Masterson’s office said procedural issues in 2021 would make it impossible to act on the House’s bill.
In response, Sen. Rob Olson, chair of the Federal and State Affairs committee set to hear the bill Tuesday, canceled the meeting. Just a week ago, he had expressed optimism about a bill passing the Legislature this year.
Kansas is one of 13 states in the country that has not yet legalized medical marijuana, according to the National Conference of State Legislatures.
At the end of the 2021 Legislative session the Kansas House made history, voting for the first time to legalize medical marijuana. It passed by a wide, bipartisan, margin.
The Kansas Senate didn’t hold a vote. Instead, Masterson ruled that because the House had dropped the contents of the medical marijuana bill into an unrelated senate measure it was “materially altered” and ineligible to be acted on. He sent the bill to the Federal and State Affairs committee.
It’s unclear whether leadership discovered the disqualifying maneuver recently or when they took action in May.
The move doesn’t rule out action on medical marijuana this year, but it does add new political hurdles. Even before Masterson’s rerouting of the bill, it faced a lukewarm reception from senior Senate Republicans.
“Medical marijuana legislation is not a priority of Senate leadership,” Pirner said. “The subject matter has clearly matured and we expect it to be considered at some level this session. There are many more pressing topics on the Senate agenda.”
Masterson had already been non-committal about the policy’s chances this year.
“This is just brand new to a lot of us,” Masterson said earlier in the week. “Not a single member said it was important to them.”
The move means that the Legislature will likely return to square one, drafting a new bill that will need to clear the Senate and, once again, gain approval in the House. It likely pushes final action on the policy to the late in the Legislative session, when political maneuvering is more common.
Meanwhile, political and ideological hurdles are certain in the Senate.
“While I was in the House for the past four years the medicinal cannabis bill and the whole situation was something where I had been talking to many people trying to help them work through some of the myths versus the reality of the situation,” Sen. Cindy Holscher, an Overland Park Democrat said.
“Some of that work potentially hasn’t been done in the Senate.”
Last week, Masterson said he didn’t like the House policy and worried the state would create a backdoor to recreational marijuana.
“If it’s truly a medicine you want to control the amounts and make sure it’s applied to the proper ailment or sickness, just some tighter controls,” Masterson said. “I think Oklahoma’s been a bit of a disaster.”
Other conservative Republicans held similar concerns.
Sen. Richard Hilderbrand, a conservative Republican from Galena, said he would only consider supporting the bill if the marijuana could be dispensed at a pharmacy, something no other state has done.
“You still have the federal law that says its illegal to own or possess or purchase a firearm or ammunition if you use marijuana. That’s a big sticking point,” Hilderbrand said.
Despite these hurdles and the last minute hearing cancellation Daniel Shafton, vice-president of the Kansas Cannabis Business Association said he was confident some version of medical marijuana could pass by the end of the session.
“Whether that means it gets transferred to a different committee, whether that means that it’s used as political leverage, we’re not going to make speculation after three real days of session,” Shafton said. “Nobody is really concerned or panicking ... it makes sense that the Senate President would want to ensure that he is controlling this process and getting what he wants out of it.”
Speaking to reporters Friday morning Gov. Laura Kelly reiterated her support for medical marijuana becoming law this year.
“If everything else doesn’t take up all the oxygen then, yes, I absolutely think that it can (pass),” Kelly said.
Here’s what to know about policy the House approved last year:
Who would be eligible to use medical marijuana?
Access under the current proposal would be restricted to individuals with certain diagnoses. If the bill is passed, the Kansas Department of Health and Environment secretary would be authorized to add diagnoses recommended by an established advisory committee.
Included diagnoses are:
Acquired immune deficiency syndrome
Alzheimer’s disease
Amyotrophic lateral sclerosis
Cancer
Chronic traumatic encephalopathy
Chron’s disease
Epilepsy or another seizure disorder
Fibromyalgia
Glaucoma
Hepatitis C
Inflammatory bowel disease
Lupus
Multiple sclerosis
Parkinson’s disease
Positive status for HIV
Post-traumatic stress disorder
Sickle cell anemia
Spinal cord disease or injury
Tourette’s syndrome
Ulcerative colitis
Any other pain that is chronic and severe or intractable
How can patients get medical marijuana?
Unless you’re a veteran or an existing user from out of state, you would need a recommendation from a physician who has treated you for at least six months.
After performing an exam and issuing the recommendation, physicians would apply for approval on behalf of their patient. Patients, or a caregiver, would also need to apply for an identification card in order to purchase medical marijuana from a state-licensed dispensary.
How can it be used?
Under the current legislation smoking, vaporization and combustion of marijuana will be prohibited.
Marijuana could be sold in the following forms:
Oils
Tinctures
Plant material
Edibles
Patches
Additional forms can be approved by the KDHE secretary with approval from the ABC.
