Kansas Health Committee Introduces Comprehensive Medical Cannabis Bill

Key Points
  • The Kansas Health Freedom Act (House Bill 2752) proposes creating the Kansas Medical Cannabis Agency to regulate medical cannabis cultivation, dispensaries, manufacturing, and testing.
  • Patients with qualifying conditions would receive ID cards, with protections ensuring no discrimination in medical care, organ transplants, or firearm ownership based on cannabis use; certified medical providers can recommend cannabis without penalties.
  • The bill includes a seed-to-sale tracking system, sets possession limits starting at four ounces per 30 days (with possible increases), and imposes a 4% sales tax to fund health and social programs, including property tax relief for seniors.
  • It also aims to expunge past cannabis-related convictions and decriminalize cannabis by removing it from the state's controlled substances act, aligning Kansas with neighboring states and reflecting federal changes.

A Kansas bill filed by the House Committee on Health and Human Services—requested by State Rep. Fairchild (R)—would establish a comprehensive medical cannabis program. House Bill 2752, dubbed the Kansas Health Freedom Act, was officially introduced in the state legislature today. If passed, the proposal would create the Kansas Medical Cannabis Agency within the Department of Health and Environment. This agency would oversee licensing for dispensaries, cultivation facilities, manufacturers, and testing labs.

Patients with qualifying medical conditions—defined broadly as any temporary or permanent illness that limits major life activities or could cause harm if untreated—would receive identification cards under the bill’s patient and caregiver protections. Caregivers, including family members or licensed facilities, could assist patients, and the legislation explicitly safeguards patients’ rights by ensuring no disqualification from medical care, organ transplants, or firearm ownership based solely on medical cannabis use. The certification process would allow medical providers, such as physicians, physician assistants, or advanced practice registered nurses, to certify patients without fear of professional repercussions, as long as they adhere to established standards.

A robust regulatory framework would implement a seed-to-sale tracking system to monitor production and sales, enabling dispensaries to sell to patients and caregivers while enforcing strict rules on packaging, labeling, and advertising; possession limits would start at four ounces of dried cannabis per 30 days, with provisions for higher amounts via dual physician certification. Additionally, a 4% tax on medical cannabis sales would establish the Medical Cannabis Tax Fund to support administration, research, public health initiatives, mental health programs, substance abuse prevention, and even property tax relief for seniors.

Finally, the bill promotes expungement and decriminalization by removing cannabis from the state’s uniform controlled substances act, allowing the expungement of prior cannabis-related convictions, and sealing records for offenses that are now decriminalized.

Kansas remains one of the few states without a medical cannabis program, despite neighboring states like Missouri and Oklahoma having established markets. The bill cites federal shifts, including the DEA’s proposed rescheduling of cannabis to Schedule III and congressional protections for state programs, as rationale for this move.