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Law Kansas

Baron23

Well-Known Member
Key points:

"The only significant amount of unsmoked marijuana was 25 grams stored in a closed Tupperware container locked inside a safe located in Hubbard’s bedroom closet."

"The closet holding the safe was an estimated 30 feet from where Nicholson said she first inhaled evidence of unsmoked marijuana"


So, are cops in Kansas really part blood hound? 1 zips of weed, 30 feet away, behind closed building door, in a Tupperware container, inside of a safe, inside an inside bedroom's closet....and this gal smelled that?

In a much earlier life, as exec officer of a USAF squadron, I would occasionally have to accompany our First Sargent and the Security Police with drug dogs through the enlisted barracks.....even those dogs weren't going to find this amount of pot this far away in this type of enclosures. Total BS.

So, Kansas seems like the land that time forgot (very telling that there was no Kansas thread under Legalization subforum until now, yeah?). The cop lies and the Kansas courts swear to it. This is beyond stupid and the idiot homeowner should never have opened their door and let them in. This is definitely a violation of constitutional requirements for probable cause and a warrant.


Kansas Supreme Court decision in marijuana case hinges on Lawrence officers’ sense of smell

A divided Kansas Supreme Court affirmed Lawrence Hubbard’s misdemeanor convictions in a case demonstrating police officers relying exclusively on olfactory skills to detect raw marijuana can supply probable cause to support search of a residence.

The decision by the high court extended to a private residence the accepted principle in Kansas that a trained and experienced officer’s detection of the aroma of marijuana could justify the legal search of a vehicle. The ruling also resolved conflicting Kansas Court of Appeals decisions.

Supreme Court justices, on a 4-3 vote, rejected arguments put forth by Hubbard’s attorney, including questions about whether Lawrence Police Officer Kimberly Nicholson and one of her peers had to be an expert in pot odor to testify about justification for search of the apartment. Hubbard also challenged whether Nicholson was capable of detecting the “strong odor of raw marijuana emanating from the apartment” while standing outside the building’s front door.

Justice Dan Biles, who wrote the majority opinion released Friday sustaining the Court of Appeals’ decision in 2016 upholding the convictions, said officers didn’t have to perform a sophisticated sensory task to proceed with reasonable action intended to prevent possible destruction of evidence.

“We are not dealing with sommeliers trying to identify a white wine as a Loire Valley Chenin Blanc,” he wrote in the decision.

Hubbard was found guilty in Douglas County District Court of possession of marijuana and possession of drug paraphernalia, which led to a term of probation.

A detailed search of the house after securing a warrant didn’t reveal a pile of pot on a dining room table or stacked in a secret room. The only significant amount of unsmoked marijuana was 25 grams stored in a closed Tupperware container locked inside a safe located in Hubbard’s bedroom closet. A small amount of weed was detected on a partially burnt cigarillo in the living room.

The closet holding the safe was an estimated 30 feet from where Nicholson said she first inhaled evidence of unsmoked marijuana, said Jim Rumsey, the Lawrence attorney representing Hubbard.

“From 30 feet away we’re supposed to believe she can smell raw marijuana?” Rumsey said. “I’d suggest no reasonable person could do that.”

Kate Butler, an assistant district attorney in Douglas County who successfully argued the state’s case before the Supreme Court, said probable cause was properly established by officers reporting distinct odor of unburnt marijuana.

The security sweep by Nicholson and other officers prior to obtaining a search warrant was appropriate to empty the apartment of anyone capable of destroying possible evidence of a crime, she said.

“What we do have is two officers very familiar with the smell of marijuana testify using words such as ‘overwhelming, potent and very strong,’ ” Butler said.

Rumsey said some law enforcement officers would make reference to raw marijuana in an attempt to make a case bigger because unsmoked pot suggested a person had the illegal substance for sale rather than for recreational use. He also said drug evidence from the apartment should have been suppressed, because the initial security sweep was illegal and invalidated the subsequent search warrant.

The dissent authored by Justice Carol Beier and signed by Justices Eric Rosen and Lee Johnson said Hubbard’s convictions should be reversed and his sentence vacated.

She said the district court judge failed in the gatekeeping function to demonstrate lawfulness of the search warrant and sort through whether police officers should have been qualified as expert witnesses.

A thoughtful hearing on Hubbard’s suppression request would delve into questions about the ability of people to evaluate raw marijuana odors, Beier said.

“How much raw marijuana must be present in order for a human to be able to detect its odor? How close must the person be to the raw marijuana in order to detect its odor? Does it make a difference whether the raw marijuana is in a closed container or a closed container within a closed container? How long does the odor of raw marijuana linger?
 

Baron23

Well-Known Member
So Toto, this is the REAL Kansas, yeah? I know that there are many wonderful people who reside in Kansas, but I will NEVER be one of them.


Tragedy in Kansas: Medical-Marijuana User Dies After Police Raid
ennifer Hess, her husband Homer Wilson and their two sons were minding their own business on the night of Thursday, May 23 in their Eureka, Kansas home when policed knocked on the door. What happened next would change their lives forever.

The officers said “someone had reported screaming coming from my house, which there wasn’t, and I went to close the door. At that point, they forced the door open. Two of them entered the house, and they demanded I go outside,” Hess tells Freedom Leaf.

On June 14 on Facebook, she wrote: “They said they were getting a search warrant, alleging they had seen drug paraphernalia in the house.”

Police searched the house and found “293 grams” of cannabis, “all personal use.” Hess and Wilson both had medical conditions and used marijuana for that purpose, she said. “They made up a reason to come to my door, probably because there was no one we associate with to do a controlled buy.”

Wilson and Hess Arrested on the Following Charges

• distribute marijuana 25-450 grams

• possession of paraphernalia with intent to manufacture/plant/cultivate a controlled substance

• possession of opiate, opium, narcotic or certain stimulant

• no drug stamp for marijuana or controlled substance

• two charges of aggravated endangering a child, reckless situation to child (less than 18)

• possession of marijuana

• use/possession with intent to use drug paraphernalia into the human body

They were arrested and taken to the Greenwood County Jail. Their sons, Ashton, 15, and Holden, 11 were placed in protective custody. Bail was set at $50,000 each.

HomerWilson2.jpg

Homer Wilson, while in Kansas’ Greenwood County jail
Stricken in Jail, Homer Wilson Dies in Hospital

The story, however, gets much worse. On Friday, June 7, according to a press release from Greenwood County Sheriff Heath Samuels, as reported by the Emporia radio station KVOE, “Greenwood County EMS and Eureka Rescue responded to a call that an inmate was experiencing ‘medical issues.’ Prior to EMS’ arrival on scene, deputies began administering CPR before the inmate, identified as Homer M. Wilson Jr. of Eureka, was taken to Greenwood County Hospital by ambulance. The Sheriff’s Office reports Wilson was later pronounced deceased. Due to this being an in-custody death the investigation into the cause will be handled by the Kansas Bureau of Investigation (KBI).”

Hess tells Freedom Leaf about Wilson, who was 35: “He had mitral valve prolapse (a heart condition), hypertension, bipolar disorder and ADHD, and also some issues with his ear. He was not about to die before we went in. He was on several medications, mostly for blood pressure, and on Lithium.”

JENNIFER HESS: “We were absolutely using (cannabis) medically.”

Hess, who is 39, suffers from severe depression, general anxiety, social anxiety, ADHD and fibromyalgia. “We were absolutely using (cannabis) medically,” she said.

On Facebook, Hess explained: “On June 7, I was preparing to bond out and was taken to the interview room and informed by the Sheriff and a KBI agent that my husband had a medical emergency, and he didn’t make it. They proceeded to ask me questions about his health and habits, then left me in the interview room for about 30 minutes. Now, I’m separated from my kids and unable to be with them during this difficult time, and facing serious charges all alone. I’d like to know what makes us such a danger to society that my husband deserved to lose his life.”

The cause of Wilson’s death remains unknown. “I was told the report would take about 90 days from time of death,” she says. “I’ll have to request that from district court.”

The Legal Burden Now Falls on Jennifer Hess

Hess’ children were placed with a family by a local nonprofit to whom custodies are outsourced. “St. Francis is a religious organization,” she says. “They handle these kinds of situations, and they’re going to try to reintegrate them back into the home. But I’m looking at them being gone until December, at the soonest, from what I’m told. That’s a lot of time with my kids that I can’t get back. I get to see them once a week, supervised.”

Meanwhile, Hess is undergoing court-ordered treatment for substance-use disorder, which she doesn’t have and for which she has to pay, and is going to court to fight the long list of criminal charges. About the cultivation charge, she relates, “It was because I had a grow tent, which was not fully assembled and had never been used, and I had no intention of using it for that purpose in the state of Kansas. But apparently they thought that was enough to consider it cultivation.”

In Kansas, according to NORML, possession of 25-450 grams of cannabis is a felony that faces penalties of 46-83 months in jail and a maximum fine of $300,000. Cultivation is also a felony, although in Hess’ case no plants were found. Possession of paraphernalia is a misdemeanor. Kansas does not allow residents to use medical-marijuana.

JENNIFER HESS: “Now, I’m separated from my kids and unable to be with them during this difficult time, and facing serious charges all alone. I’d like to know what makes us such a danger to society that my husband deserved to lose his life.”

One of the possession counts is for what the police suspect is methamphetamine, a charge Hess strongly denies. “I don’t do meth. I did not have meth. There was both a urine and follicle test of me and a follicle test of my husband, and neither one of them showed positive for meth. Meth is a real problem in this community. You’d think they could concern themselves with people who are actually manufacturing and doing meth.”

Hess can’t afford her own lawyer, so she’s been assigned a court-appointed attorney, Chris Pate. He didn’t return phone or email messages left by Freedom Leaf.

Hess contends that the original search was a violation of thei Fourth Amendment rights. “As far as I’m concerned, they were trespassing. When they shoved their way in, they were breaking and entering.

“I’m the kind of person that wants a simple domestic life,” she maintains. “Then these jackbooted thugs forced their way into my house, kidnapped my children, took my freedom and killed my husband. When it comes to injustice, I’m not one to keep my mouth shut. Ever.”







 

Baron23

Well-Known Member
More on the freedom loving state of Kansas...wow, you just make this crap up. Wow

Kansas Hits Hemp Farmers With Felonies, Accuses Them Of Trafficking Weed
Kansas seized 350 pounds of leafy green plant material from a FedEx truck two years ago. But they still don’t know what they actually seized.

DENVER ― It was either a huge drug bust or a huge embarrassment. Kansas authorities aren’t sure which one yet.

In early January 2017, Kansas Highway Patrol seized more than 300 pounds of what they believed to be marijuana from the back of a FedEx semi-truck at a warehouse in Liberal, Kansas.




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The shipment, which originated in Colorado, was bound for California. Official paperwork from the Colorado Department of Agriculture accompanying the load affirmed it was actually hemp and that, as stipulated by Colorado law, the plants contained no more than 0.3 percent THC. The psychoactive compound is found in much higher concentrations in hemp’s cousin, cannabis, with percentages in some varieties exceeding 17 percent.

Kansas state troopers trusted their noses more than the hemp paperwork ― Lt. Josh Biera swore in an affidavit the boxes gave off “an extremely strong odor of marijuana” ― and had it seized.

Nothing happened in the case for two years. In the meantime, the federal government legalized industrial hemp and all its byproducts in the 2018 Farm Bill. Then, on Jan. 31, 2019, prosecutors in Seward County charged the farmers, Eric and Ryan Jensen, with four drug-related crimes apiece, three of them felonies.

The Seward County Attorney’s office didn’t respond to multiple requests for comment regarding why it took two years to file charges in the case. And despite the charges, it still isn’t clear Kansas actually seized anything other than hemp.

THC levels in hemp sometimes do exceed 0.3 percent. So-called “hot” hemp can be the result of several factors, including the growing environment, flowering period, and the type of seeds used. In 2017, between 7% and 8% of Colorado’s hemp production had to be destroyed after testing hot.

The Jensens used to grow cantaloupe, but stopped after melons they cultivated were responsible for a listeriosis outbreak in 2011. Thirty-three people died after eating the tainted fruit, and 110 more across 28 states were sickened. The brothers were sentenced to 100 hours of community service and had to pay $150,000 in restitution. They decided to take part in a hemp growing operation partially as a result of the debt they found themselves in, Eric told the Associated Press.
A woman stands in a hemp field at a farm in Springfield, Colo. in this 2013 file photo.

ASSOCIATED PRESS A woman stands in a hemp field at a farm in Springfield, Colo. in this 2013 file photo.


Kansas unsuccessfully attempted to extradite Eric (but not Ryan), causing Eric to lose his secondary jobs as a bus driver and coach at the local school district in Holly, Colorado. He’s also unable to travel, as Kansas’ warrant is active in every state but Colorado.

Eric’s attorney Van Hampton, a former judge, told HuffPost an independent lab in Denver agreed to test a sample, but Kansas refused. Kansas Highway Patrol is unwilling to ship a sample across state lines because they believe it’s marijuana ― and that would be illegal, Hampton said.

The only lab in the state capable of distinguishing between hemp and cannabis is located at the Kansas Department of Agriculture, and as an administrative and regulatory body, it doesn’t want to be involved in a criminal case. Earlier this week, prosecutors told Hampton the department had reluctantly agreed to perform the test, but the timeline for when it will actually do so is unclear.

The Colorado Bureau of Investigation could also perform the test, but only if Kansas formally requests it ― and they haven’t.

In the meantime, the 350 pounds of product ― worth an estimated $35 to $40 per pound if it’s indeed hemp ― have wasted away in a Kansas warehouse.

“It is now worthless for its intended purpose, which is the extraction of CBD oil,” said Hampton in an email. “It was being shipped to California for extraction of CBD when the FedEx truck traveled EAST to Kansas instead of WEST to California and the 350-pound shipment was seized ... The deterioration resulting from the two years of careless storage has ruined the value.”

FedEx Freight told HuffPost the company was simply cooperating with law enforcement.

As stands, the case is in an odd state of limbo until Kansas can figure out what it actually seized. Hampton says he filed a motion for court-ordered testing, but the presiding judge refused to hear the motion “for an undisclosed reason.”

If the THC content of the tested materials comes back higher than 0.3 percent, it’s unclear if the brothers are entitled to appeal and if they could secure an independent test. If it’s lower, it’s unclear how Kansas might remedy the two years’ worth of legal woes it caused the brothers.

Regarding that last question, Idaho set a baffling precedent earlier this year after the state found itself in a similar situation.

In February, Idaho State Police seized nearly 7,000 pounds of what it believed to be cannabis and arrested the bewildered truck driver. Even though tests later showed the material to be hemp, Idaho reportedly told the company it nevertheless intended to impound everything ― hemp, truck and trailer ― and sell it.



 

momofthegoons

Vapor Accessory Addict
Staff member

Kansas Residents Support Legalizing Marijuana By A Large Margin, Poll Finds


A strong majority of Kansas residents support legalizing marijuana for adult use by a three-to-one margin, according to a new poll.

While cannabis reform might not be on the state’s ballot next week as is the case in five other states, the survey shows that about two-thirds of Kansans (66.9 percent) are in favor of enacting the policy change, compared to 22.2 percent who are opposed and 10.9 percent who are undecided.

That represents a nearly four percentage point increase in support since voters were polled on the question last year in the same annual Kanas Speaks Survey conducted by the Docking Institute of Public Affairs at Fort Hays State University. Opposition has also dropped about four points since 2019.

Screen-Shot-2020-10-28-at-9.48.54-AM.png


Kansas lawmakers introduced a bill to legalize medical marijuana during a short special session earlier this year, but it ultimately died in committee.

There weren’t any specific conditions listed in the legislation that would have qualified patients for legal cannabis access. Rather, the bill stated that marijuana could be recommended for a temporary or permanent disability or illness that “limits the ability of the individual to conduct one or more major life activities” or “may cause serious harm to the individual’s safety or physical or mental health.”

Certain legislators have indicated that they plan to pursue the reform again.

For her part, Gov. Laura Kelly (D) backs medical cannabis legalization, stating earlier this year that she felt the legislature could enact the policy despite complications from the coronavirus pandemic.

“I think that it probably would pass the legislature,” she said in April. But she added, “I think the issue of recreational marijuana is still not on the table.”

While the governor said at the beginning of the year that she considers medical cannabis reform a priority, she would be inclined to sign an adult-use marijuana legalization bill if it arrived on her desk.

“This is something where what the people want is probably more what I will want on something like that,” Kelly said. “I don’t have a personal ideology regarding it. If the folks want it and the legislature passes it, would I sign it? Probably.”

And based on the last two Kansas Speaks surveys, what the people want is legalization.

The latest poll—which involved interviews with 417 adults from September 21 to October 1—framed the question around the economics of taxing and regulating cannabis.

“There are other ways to increase the state of Kansas’s revenue that would not include raising traditional taxes. Do you ‘Strongly Support’, ‘Somewhat Support’, ‘are Neutral’, ‘Somewhat Oppose’, or ‘Strongly Oppose’ the following alternative revenue sources,” it states, listing marijuana legalization as one of three options. It proved to be the most popular choice, too, ahead of increasing taxes on alcohol or tobacco products.

Kansas is already surrounded by states that have legalized cannabis in some form, with the exception of Nebraska. An initiative to allow medical marijuana qualified for the state’s ballot earlier this year—but the state Supreme Court invalidated the measure following a legal challenge over its scope.
 

momofthegoons

Vapor Accessory Addict
Staff member

Kansas Governor Proposes Legalizing Medical Marijuana To Fund Healthcare Expansion


The governor of Kansas on Monday unveiled a plan to legalize medical marijuana and use the resulting tax revenue to fund Medicaid expansion. This comes as lawmakers in the state have already introduced two separate cannabis proposals in recent days.

Gov. Laura Kelly (D) held a press conference to announce her legislation, arguing that Kansans are ready for marijuana reform, which she said would provide patients with a critical alternative treatment option and would give the state the resources to expand healthcare with even more money left over.


We need to use every tool we’ve got to protect the health of our workforce & economy. That’s why, today, I announced we will combine common sense medical marijuana policy to pay for Medicaid expansion. pic.twitter.com/B2zdlakp5c
— Governor Laura Kelly (@GovLauraKelly) February 1, 2021


“The bill establishes the regulatory framework for the cultivation, testing, distribution, prescription and purchase of medical marijuana,” she said. “The introduction of this bill in itself is a win for Kansans, who will benefit from medical marijuana—something that, once again, our neighbors in Oklahoma and Missouri have already recognized and addressed.”

“It’s a win for our veterans, service members experiencing post-traumatic stress or fighting for safety and freedom. It’s a win for Kansans seeking relief from epilepsy or other seizure disorders, cancer, Alzheimer’s, Crohn’s disease and other medical conditions. It’s a win for our rural hospitals, for 165,000 Kansans in need who fall into the coverage gap. And it’s a win for our COVID recovery efforts and the state’s economic health and prosperity now and into the future. This proposal allows us to not only recover from the economic uncertainty of the pandemic but emerge from it stronger than before.”

Text of the legislation isn’t yet available, but it’s expected to be released in the coming days. The governor said that a fiscal note for the proposal is also pending, but she said medical cannabis has previously been projected to bring in about $50 million in tax revenue annually in Kansas.

“The time to expand Medicaid and legalize medical marijuana is now,” Senate Minority Leader Dinah Sykes (D) said in a press release. “I look forward to working with my colleagues in the Senate to pass this sensible proposal.”


In states that have expanded Medicaid, people are less likely to skip medications due to cost, more likely to seek care for ongoing health conditions, and show improvements in their overall health. #MedicaidExpansion will help all Kansans and is the right thing to do. #kslegpic.twitter.com/KWJFF6Xef3
— Dinah Sykes (@dinah_sykes) February 1, 2021


But GOP Senate leadership is already dismissing the proposal, with Majority Leader Dan Hawkins (R) saying the governor “envisions a Kansas where you can choose not to work and the taxpayers will foot the bill for you to stay home and smoke supposedly medical marijuana.”

“While the Governor is focused on high hopes and pipe dreams, Republicans continue working to create jobs and rebuild the once strong economy,” he said in a press release.

Last year, lawmakers introduced bills to legalize medical cannabis, but they stalled in committee without votes.

Kelly recognized that the political dynamics that derailed those pieces of legislation still pose obstacles this session, but she said the growing movement to legalize in the region—coupled with public support for the reform—could move certain lawmakers to embrace the policy change.

The governor said she was personally compelled to back medical cannabis legalization during her time in the state Senate after hearing testimony from a family that had moved to Colorado to access the plant for their child with severe epilepsy.

“They convinced me that not only was this a good idea for people who would benefit from medical marijuana, but just from the sense of Kansas’s economic wellbeing,” Kelly said. “We couldn’t afford to lose people—and we still can’t.”


The @KansasGOP's failure to expand Medicaid expansion has always been short sighted. @GovLauraKelly’s proposal for Medicad expansion would
Expand healthcare for 165,000 Kansans
Create over 13,000 jobs
Be cost-effective
Legalize medical cannabis
Simulate our economy https://t.co/ujVJnSl51E
— Kansas Dems (@KansasDems) February 1, 2021


Asked about the prospects of broader recreational legalization during Monday’s briefing, Kelly said “one thing at a time, OK?”

“I’ve said often that I support medical marijuana, but that I didn’t believe that Kansas was ready to go forward with recreational marijuana. That’s why we’re doing it one step at a time.” Last year, she made similar remarks but added that she’d be open to signing an adult-use legalization bill if it arrived on her desk.

The Kansas governor isn’t the first to propose legal cannabis as a means to fund healthcare programs.

New Mexico Gov. Michelle Lujan Grisham (D) said last year that taxing marijuana could bolster the state’s economy and partly pay for gaps in Medicaid coverage. Officials in American Samoa also said last year that they were considering legalizing medical marijuana to generate funds for the government healthcare program.

Meanwhile, as Kelly pushes this new proposal, Kansas legislators have introduced medical cannabis legalization bills in both chambers in recent days.

The Senate Commerce Commerce filed a medical cannabis legalization bill last week, with language that largely reflects legislation that was introduced in the House last year. Patients would be eligible for medical cannabis with a doctor’s recommendation if they have a condition that significantly inhibits their ability to conduct daily activities or if the lack of treatment would pose serious physical or mental harm.

Registered patients would be allowed to grow and possess at least four ounces of marijuana. The bill would also establish a Kansas Medical Cannabis Agency to oversee the program.

Over in the House Federal and State Affairs Committee, separate legislation was filed on Monday that would also establish a medical marijuana program in the state. It lists 21 conditions that would qualify patients for the program, including chronic pain, HIV and post-traumatic stress disorder. Smoking and vaping products would be prohibited, however. It would also not provide for home cultivation.

Industry stakeholders at the Kansas Cannabis Business Association (KCBA) told Marijuana Moment that they are working with leadership in both chambers, as well as the governor’s office, to develop a passable proposal this year.

Under Kelly’s bill, the Kansas Department of Health and Environment would be responsible for regulating the cannabis market, issuing business licenses and collecting fees. It would also establish “a bipartisan medical marijuana advisory committee with appointments made by the governor, legislative leadership, and chaired by the Secretary of Health and Environment.”

“Kansas is now surrounded on three sides by states that have legalized either medical cannabis or cannabis for adult use,” Olivia Naugle, legislative analyst with the Marijuana Policy Project, told Marijuana Moment. “Kansas should join the majority of states and establish a well-regulated, compassionate medical cannabis program. People who could benefit from medical cannabis should not have to wait—and in some cases cannot wait—for the right to use it legally.”
 

momofthegoons

Vapor Accessory Addict
Staff member

Kansas Governor’s Medical Marijuana Legalization Plan Involves ‘Enlisting’ Voters To Pressure Lawmakers


The governor of Kansas wants voters to put pressure on their representatives to get medical marijuana legalization passed this year.

The comments come one day after Gov. Laura Kelly (D) announced a plan last week to enact the reform and use cannabis tax revenue to fund Medicaid expansion in the state.

But the policy change won’t be simple in Kansas, one of the few remaining states without medical marijuana on the books and where Republicans control the legislature. While lawmakers introduced legalization bills in the last session, they stalled in committee without votes.

Asked why she feels this year will be different, Kelly told KMBZ radio that the political dynamics have shifted and legislators aren’t going to “lose their jobs” by voting to advance the reform, given bipartisan support for the issue.

The governor said she will continue to “try to work across the aisle with Republicans to come to agreement.” But what’s more, she said “I’m also going to be enlisting the efforts of the people of Kansas who really want this.”

“They have spoken loudly and clearly on both of these issues,” Kelly said, referring to medical cannabis legalization and Medicaid expansion. “I need them to get that message across to the folks in the legislature here. I want to encourage them to vote for it, but to also reassure them that by voting for this, they do not put their jobs here in Topeka at risk.”

“This is something that Kansans want,” she said. “They want both medical marijuana and they want Medicaid expansion. It makes all sorts of sense to marry the two together.”

As Kelly pushes this new proposal, Kansas legislators have introduced medical cannabis legalization bills in both chambers in recent days.

The Senate Commerce Commerce filed a medical cannabis legalization bill late last month, with language that largely reflects legislation that was introduced in the House last year. Patients would be eligible for medical cannabis with a doctor’s recommendation if they have a condition that significantly inhibits their ability to conduct daily activities or if the lack of treatment would pose serious physical or mental harm.

Registered patients would be allowed to grow and possess at least four ounces of marijuana. The bill would also establish a Kansas Medical Cannabis Agency to oversee the program.

Over in the House Federal and State Affairs Committee, separate legislation was filed last week that would also establish a medical marijuana program in the state. It lists 21 conditions that would qualify patients for the program, including chronic pain, HIV and post-traumatic stress disorder. Smoking and vaping products would be prohibited, however. It would also not provide for home cultivation.

Industry stakeholders at the Kansas Cannabis Business Association (KCBA) told Marijuana Moment that they are working with leadership in both chambers, as well as the governor’s office, to develop a passable proposal this year.

Under Kelly’s plan, the Kansas Department of Health and Environment would be responsible for regulating the cannabis market, issuing business licenses and collecting fees. It would also establish “a bipartisan medical marijuana advisory committee with appointments made by the governor, legislative leadership, and chaired by the Secretary of Health and Environment.”

Regardless of skepticism and legislative history of marijuana reform in Kansas, Kelly said in this latest interview that “I think medical marijuana has a good chance of passing this year.”
 

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