(Updated to add comments from Senate president and the governor with testimony from law enforcement Thursday opposing the bill)
A Senate committee on Thursday tabled a bill legalizing medical marijuana, likely derailing debate on the issue for the rest of the legislative session.
The Federal and State Affairs Committee set aside the bill after two days of hearings that were followed by multiple meetings over the last year sorting through the ins and outs of the complex issue.
“We really need to protect our children, and I don’t think we’re ready to work this bill,” said Republican state Sen. Alicia Straub of Ellinwood.
“This definitely needs to be given a lot of thought,” Straub said.
About two weeks ago, the committee held two days of hearings where opponents were given the opportunity to exclusively testify on the potential policy pitfalls of legalizing marijuana.
“Given the negative consequences other states are experiencing and the resounding rejection of recreational marijuana by Oklahoma voters, the momentum for legalized marijuana appears to be losing steam and that’s reflected in the committee’s decision,” Senate President Ty Masterson said in a statement.
“While the discussions about legitimate medical marijuana will continue in future sessions, Kansas is wise to learn from the mistakes of other states and instead proceed with caution on this understandably emotional topic,” Masterson said.
Gov. Laura Kelly, who campaigned on legalizing medical marijuana when she ran for governor last year, was disheartened by the committee’s action.
“I am disappointed that some legislators are saying they don’t want to move forward with legalizing medical marijuana this year – effectively turning their backs on our veterans and those with chronic pain and seizure disorders,” Kelly said in a statement.
“If they get their way, for yet another year thousands of Kansans will be forced to choose between breaking the law and living without pain.
“I encourage Kansans to call their state legislators and tell them to legalize medical marijuana this session,” Kelly said.
Supporters of legalizing medical marijuana had pinned their hopes on the Senate after the House passed a medical marijuana bill in 2021.
The Senate started work on a bill last year but the legislation couldn’t get out of a conference committee before the legislative session ended.
A bill was drafted in the Senate, and it was similar in many ways to the one that passed by the House in 2021. Here’s a side-by-side comparison of the two bills.
While House and Senate negotiators agreed to many aspects of a broad bill, there was not enough time to work out any differences as the session came to an end.
Republican state Sen. Rob Olson of Olathe, chair of the Senate Federal and State Affairs Committee at that time, expressed regret at not getting a bill done in 2022.
He led a series of committee hearings last year and worked toward crafting a medical marijuana bill throughout the rest of 2022.
However, he was moved from chair of the Federal and State Affairs Committee over to utilities in January, which led some to believe the issue was imperiled at the start of the session. Masterson has said the move was unrelated to marijuana.
On Thursday, lawmakers heard from law enforcement opposing the bill, which would not have allowed for smoking medical marijuana
Among those testifying against the bill was Tony Mattivi, director of the Kansas Bureau of Investigation, and Johnson County District Attorney Steve Howe.
Mattivi told the committee that a section of the legislation “essentially” decriminalized marijuana.
He explained in written testimony that the bill attempted to reduce the penalties for anyone possessing marijuana but was not enrolled in the medical cannabis program.
“It allows those who are in possession of marijuana to provide a statement from the individual’s physician recommending the use of medical cannabis,” Mattivi said.
“If an individual simply has to provide a statement from his or her physician recommending the use of medical cannabis, why would he or she need to register in the medical cannabis program?” he asked in his testimony.
“Additionally, if they are not registered in the medical cannabis program, how was the medical cannabis legally purchased or obtained without an identification card?”
Howe told the committee that the bill “enacts protections that you’ve seen in no other area of law or no legislative matter that’s ever been before you.”
Howe expressed concerns about provisions that give physicians immunity for prescribing medical marijuana to adults or children.
He also had reservations about sections of the law that loosely define caregivers who could make health decisions for someone else.
“There is nothing to stop the blackmarket sales of marijuana,” Howe told the committee. “News alert: Criminals don’t follow the law. Whatever provisions we put in there, they’re going to do what they’re going to do.”
Nevertheless, polls have shown medical marijuana to be popular with Kansans.
A poll done by Emerson College last fall found that 61% Kansas votes supported legalizing medical marijuana while only 25% of voters opposed the bill.
Fourteen percent of voters had no opinion.
As of last month, 37 states and Washington, D.C., allowed medical used of cannabis products, according to the National Conference of State Legislatures.
Kelly urged lawmakers to legalize medical marijuana this year when she addressed the Legislature.
“Every day, thousands of Kansans are forced to choose between breaking the law and living without pain. It is an unbearable choice – and an absolutely unnecessary one,” Kelly said during her State of the State address in January.
During the campaign, Kelly promised a deliberate approach to legalizing medical marijuana.
“I have often said that we won’t do this like Colorado did it, where there really was a shop on every corner,” Kelly said during a debate last fall.
“This will be a very well-regulated industry that makes sure that medical marijuana is being used appropriately and not inappropriately.
“We will not let it spread like wildfire.”
