The hearing on HB2765 was opened.
Jenna Moyer, Revisor of Statutes, provided an overview of HB2765 (Attachment 3)
Ms. Moyer responded to questions from the committee.
Alexandra Blasi, Executive Secretary, Kansas Board of Pharmacy, provided testimony in support of HB2765 (Attachment 4). These amendments include vital updates to the Kansas Uniform Controlled Substances Act to protect Kansas citizens. Timely passage of these amendments are paramount to public safety. A report is submitted to the Speaker of the House and the President of the Senate on substances proposed by the Board for scheduling. The Board considerations were reviewed with the committee. DEA rulings based on information provided by the DEA's Deputy Administrator and the Department of Health and Environment are generally recommended by the Board to be amended to state law. The Board has an ongoing relationship with the Kansas Bureau of Investigation (KBI) and collaborates with them to make necessary recommendations for updates to the ACT. A description of the 5 schedules with varying qualifications for a substance to be included in each was reviewed for the committee. A review of each schedule was provided to the committee. Concentrated 7-OH and related high-potency products act as powerful opioids.
Ms. Blasi responded to questions from the committee.
Bob Stuart, Executive Officer, Kansas Bureau of Investigation, provided testimony in support of HB2765 (Attachment 5). The bill makes important updates to the Kansas Uniform Controlled Substances Act. The changes will enhance public safety, clarify existing law for law enforcement, and address emerging threats form dangerous synthetic and semi-synthetic substances. Fentanyl-related changes were discussed. There was an update on the THC technical language. Of importance to the KBI is the addition of 7-Hydroxymitragynine to Schedule I. These products are aggressively marketed and sold in gas stations, smoke shops, convenience stores and online throughout Kansas. KDHE has issued public warnings about these products. The bill will give law enforcement the necessary authority to remove these products from the marketplace, prosecute illegal distribution, and deter manufacturers and retailers from endangering Kansans.
Mr. Stuart responded to questions from the committee.
Patrick Porubsky, Laboratory Operations Manager, Kansas Bureau of Investigation, provided testimony in support of HB2765 (Attachment 6). Mr. Porubsky provided a chemical definition of fentanyl. There was information provided regarding THC renumbering. Additional information was provided about hexahydrocannabinol, and 7-hydroxymitragynine.
Mr. Porubsky responded to questions from the committee.
The following provided proponent written only testimony:
Chrissy Mayer, Chief Community-Based Services Officer, DCCCA (Attachment 7)
Matthew Lowe, Global Kratom Coalition, provided testimony in opposition to HB2765 (Attachment 8). Mr. Lowe urged the committee to amend the bill to include a maximum permissible concentration limit of 400 parts per million before moving ahead. This approach is consistent with the FDA's own stated position. The bill contains no language establishing a threshold concentrate. Without such a limit any kratom leaf, powder, capsule or extract would become a Schedule I controlled substance. The FDA has distinguished between concentrated synthetic 7-OH and natural kratom leaf. Florida has implemented a targeted concentration limit. A proposed amendment was provided to the committee.
Nick Reinecker, Private Citizen, provided testimony in opposition to HB2765 (Attachment 9). A natural plant that has an excellent protein profile or therapeutic properties should not be outlawed. The natural botanical cannabis should be exempted/de-scheduled for the Kansas Uniform Controlled Substances Act.
The following provide written only testimony in opposition:
Christopher Deaney, Private Citizen (Attachment 10)
The hearing on HB2765 was closed.