Kansas legislator introduces cannabis amnesty law

A Kansas state legislature last week introduced a cannabis amnesty law that would effectively decriminalize marijuana in the state of Sunflower. The measure, House Bill 2363, was introduced into the state legislature on Feb. 8 by Democratic House Minority Leader Vic Miller.

Miller’s bill, already supported by 34 fellow supporters, would release all those currently incarcerated for a marijuana-related crime and allow convictions and arrest records for previous cannabis-related offenses to be overturned. The bill also directs state officials to delete information related to such convictions and arrests from relevant state and federal record systems. If passed, the law would come into effect on July 1, 2023.

“It doesn’t legalize it per se, but it does eliminate serving a sentence,” Miller said in a statement released by the Kansas Reflector.

The law would effectively decriminalize marijuana in Kansas. Miller said the bill, which has been referred to the House Corrections and Juvenile Justice Committee for consideration, is a way to address the state Legislature’s failure to make progress on legalizing cannabis in Kansas. Though an analysis of the legislation’s tax implications has not yet been released, he added that the bill would significantly reduce the cost of prosecuting marijuana crimes.

“It’s kind of a loophole to keep people out of punishment,” Miller said. “And in and of itself, I think it would probably save tens of millions of dollars related to those prosecutions in those incarcerations.”

Medical marijuana bill expected soon in Kansas

In December, a bipartisan special committee of lawmakers concluded months of hearings to examine aspects of medical marijuana legalization, including regulation and taxation. At the committee’s last meeting on Dec. 15, Republican Sen. Rob Olson, the committee chair, said the committee’s work would result in a new bill legalizing medical marijuana for the 2023 term.

“We’re going to be able to have an account of all this stuff, all the testimony coming through here, that’s going to be as good as any account in the country,” Olson said. “And if this issue passes, I believe it will be a bill most Kansans can be proud of.”

The Kansas House of Representatives approved a bill legalizing medical marijuana in 2021, but the measure died in committee and failed to receive state Senate approval. However, Miller suggested that eventual legalization of medical marijuana in Kansas was inevitable.

“It’s on both sides of us now in Missouri and Colorado, Oklahoma,” Miller said. “So I don’t think we as the Kansans should be in a race for last place to do anything in terms of everything. And it won’t be long before we’re the last to do so. I think the people of Kansas are ready.”

A limited law legalizing medical marijuana has already been introduced for the 2023 legislature. Under Senate Bill 171 by Democratic Senator Tom Holland, medicinal use of cannabis would be legal for use only by military veterans.

The bill, introduced in the Kansas Senate on February 7, would legalize the cultivation, distribution, and sale of cannabis for use by veterans with chronic illnesses, post-traumatic stress disorder, or opioid use disorders. Under the bill, individuals currently serving in a U.S. military brand or who have been honorably discharged or discharged generally with honorable conditions may apply for a medical marijuana patient ID card within 60 days of the law’s entry into force.

The measure would also impose an excise tax on the cultivation and sale of medical marijuana and establish a regulatory committee to oversee the limited program. After its introduction, Senate Bill 171 was referred to the Senate Committee on Federal and State Affairs on February 8.

“This issue is important to all Kansans,” Holland said in a statement to local media. “States across the country have enacted laws allowing the use of marijuana, at least on a medical level. It is long overdue for Kansas to follow in their footsteps.”

Though he didn’t comment on specific legislation, Republican Rep. Eric Smith, vice chairman of the House Corrections and Juvenile Justice Committee, said proposals to legalize medical marijuana would need to be more carefully crafted.

“I don’t support the current way they’re trying to pass medical marijuana on,” Smith said. “I am not against the use of THC for medicinal purposes. I think there is a medical need for it, but I think it needs to be done by the professionals in the medical field, not the average pharmacy run by an entrepreneur.”