By PAGE Editor

Kansas has long maintained tough marijuana regulations, but recent events have made the prospect of a medical marijuana program more prominent. Despite the fact that the state has not yet legalized medical marijuana, there is rising support and continued discussion among lawmakers. This article examines the state of medical marijuana in Kansas at the moment, recent proposals for legislation, and what a potential program might entail.

The Journey Towards Medical Marijuana Legalization in Kansas

Since its ban in 1927, marijuana has been illegal in Kansas. Recent initiatives, however, have aimed to establish a medicinal marijuana program in the state. Republican Senator Robert Olsen introduced the Medical Marijuana Regulation Act in 2022, which resulted in hearings and discussions among politicians. While the parties agreed on some of the issues, such as decriminalizing the possession of small amounts of marijuana, no final agreement was achieved. 

Unfortunately, a Senate committee shelved the SB135 medicinal marijuana bill in March 2023, postponing any potential advancement until at least 2024. Despite this setback, advocates for medical marijuana in Kansas are steadfast in their resolve to campaign for change during the next legislative session. 

The Need for a Medical Marijuana Program in Kansas

Currently, Kansas has stringent laws and severe penalties for marijuana possession, cultivation, and sale. The lack of an established medical marijuana program leaves patients without access to potentially beneficial treatment options. Senate Bill 28, also known as Claire and Lola's Law, offers limited protection for individuals with profound illnesses, allowing them to possess CBD oil containing up to 5% THC.

Proposed Qualifying Conditions Under Kansas's MMJ Regulation Act

If a medical marijuana program is enacted in Kansas, patients with qualifying conditions would have the opportunity to access cannabis for therapeutic purposes. 

• The proposed Medical Marijuana Regulation Act lists over 20 qualifying conditions, including:

• multiple sclerosis

• Parkinson's disease

• PTSD

• Glaucoma

• Cancer

• Autoimmune disorders

• other debilitating or chronic conditions.

Applying for Kansas Medical Marijuana Card

While the specific application process for a Kansas MMJ card is yet to be determined, it is likely that patients would need to consult a licensed physician in the state who can provide certification. Once approved, patients would register with the official Kansas medical marijuana program, enabling them to legally obtain medical cannabis from authorized dispensaries.

According to SB135, the cost of a medical marijuana card in Kansas would involve an application fee of approximately $50. Patients would also have to pay an additional consultation fee to a licensed physician to get certified for medical marijuana use in Kansas.

Kansas Medical Marijuana Laws

Kansas has little tolerance for marijuana use until it becomes legal. Indeed, it is the only state that prohibits the use of THC in CBD products. You face a six-month prison sentence if you are caught with any amount of marijuana. If you have 450 grams or more, it becomes an "intent to distribute" charge, which is a felony with a maximum penalty of 42 months in prison.

The selling of any amount is a felony punishable by up to 51 months in prison. If you sell more than 25 grams, your sentence will be increased to a maximum of 83 months. The cultivation of four or more plants is likewise a felony offense punishable by a prison sentence of 46-83 months.

Proposed Kansas Medical Marijuana Regulations and Restrictions

The proposed medical marijuana legislation in Kansas outlines various regulations, including restrictions on the types and potency of cannabis products. For example, smoking and vaping cannabis would not be permitted, but patients could access dry flower and cannabis concentrates. 

THC limits would be set at 35% for marijuana plant material and 60% for concentrates, tinctures, and oils. Patients would be allowed to purchase a 30-day supply, with a limit of three ounces for dry flower.

Final Thoughts on Kansas Medical Marijuana - What You Should Know Beforehand

Although medical marijuana is not yet legal in Kansas, recent legislative efforts and ongoing discussions indicate a shifting landscape in the state. The support from Governor Laura Kelly and the alignment of proposals from both chambers of the legislature suggest a growing consensus for reform. With the potential establishment of a medical marijuana program, Kansas residents could gain access to alternative treatments for qualifying medical conditions. While the road to legalization may take time, the hope for patients in the Sunflower State is growing by the day.

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