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Minutes for SB135 - Committee on Federal and State Affairs

Short Title

Creating the medical cannabis regulation act to regulate the cultivation, processing, distribution, sale and use of medical cannabis.

Minutes Content for Wed, Mar 15, 2023

Jason Long, Office of the Revisor of Statutes, gave an overview of the bill. SB135 would enact the Medical Cannabis Regulation Act to regulate the cultivation, testing, processing, distribution, sale, possession, and use of medical cannabis. (Attachment 1)

The Chairman called for proponent oral testimony.

Proponent oral testimony

Samuel Jones, CEO, Kansas Natural Remedies, spoke as a proponent of the bill.  He is the owner of the largest indoor hemp industry in Kansas.  He stated the legalizing of medical marijuana is a medical freedom issue, and cannabis is a legitimate therapy for people with pain, and it's disingenuous that alcohol is permitted, but cannabis is not.  He said it's not approved by the Federal Drug Administration because the process takes years and millions of dollars, and drug companies can't protect the exclusive use of the product because it's natural.  (Attachment 2)

Mandy Sohosky, private citizen, spoke as a proponent of the bill. She stated she has lived with chronic migraines for 23 years.  She said she has tried all the remedies, and nothing helps.  She tried marijuana in a state where it is legal, and it took away her pain.  She stated medical marijuana would allow her to live a fuller life.  (Attachment 3)

Jim Rickets, private citizen, spoke as a proponent of the bill. He stated he had a spinal cord injury in 1975, and nothing has helped his pain, except for marijuana, which helps him sleep.  He said kids are already into drugs, so lawmakers need to concentrate on legalizing marijuana so law enforcement can concentrate on controlling the use and sale of methanphetamine.  (Attachment 4)

Kimberly Krueger, Kansas Cannabis Coalition Secretary, spoke as a proponent of the bill. She stated Kansas should not have to wait an additional two years to have access, as stipulated in SB135.  Her organization asks for additional items to be added to the list of products which would be legal under the bill. She stated medical cannabis also needs to be affordable, and high licensing fees will make the product more expensive, forcing patients to turn to the black market. (Attachment 5)

Randall Hardy, Kansas Silver-Haired Legislature, spoke as a proponent of the bill.  Mr. Hardy stated his organization supports the legalization of medical cannabis because three states that border Kansas have legalized it, and many other states.  He said there have been studies that cannabis improves care for senior citizens with a number of conditions. (Attachment 6)

Brian Asbury, Doctor of Chiropractic, Legislative Committee Chair, Kansas Chiropractic Association, spoke as a proponent of the bill.  He stated Doctors of Chiropractic should be added to the list of health providers that can prescribe medical marijuana.  (Attachment 7)

Melissa Lubbers, Addictions Counselor, spoke as a proponent of the bill.  She stated there are many possible side affects to prescribed drugs, but there are not as many with marijuana.  She also said there was no link between schizophrenia and marijuana use.  She said the bill would give patients alternative options that work in conjunction with the body's natural system.  (Attachment 8)

R.E. "Tuck" Duncan, Kansas Cannabis Industry Association, spoke as a proponent of the bill.  He said it appears to him that most, if not all of the items opponents were concerned about during the special committee on medical marijuana are addressed in this bill.  He said the 70% of the people surveyed who want a medical marijuana bill need to be answered by sending the bill to the floor.  He stated it is inevitable that marijuana will be legalized by the federal government, and Kansas needs to be ready.  (Attachment 9)

Daniel Shafton, President, Kansas Cannabis Chamber of Commerce (KCCC), spoke as a proponent of the bill.  He said we have reached a point on this topic where there is virtually nothing that can be shared that has not been shared over the last ten years with regard to this subject.  He said consensus will never be reached between those who are for, and those who are against legalization of cannabis.  He spoke about the drug, Marinol, which is a man made form of Cannabis, and argued inaccurate statements were made by conferees about the drug being a substitute for cannabis in an informational hearing earlier in the session. (Attachment 10)

Alejandro Rangel-Lopez, private citizen, spoke as a proponent of the bill.  He stated we should get it right the first time, if we are going to legalize marijuana, and there are provisions that need to be added to the bill.  He said we should make sure dispensaries are not in just highly populated areas, and should include a tiered licensing system. (Attachment 11)

Bryson Ripley, private citizen, spoke as a proponent of the bill.  He stated he served five years in the Marine Corp., and cannabis has helped him deal with his health issues. He wants the chance to be able to legally benefit from medical cannabis.  (Attachment 12)

Proponent written only testimony

Kelly Rippel, Kansas Cannabis Coalition, Advisor (Attachment 13)

Richard McCullough, private citizen (Attachment 14)

Shelby Story, VP of Operations, Greenlight Corporation (Attachment 15)

Amy Reid, private citizen (Attachment 16)

Walter Rausch, private citizen (Attachment 17)

Keisha Justice, private citizen (Attachment 18)

Kacie Krueger, private citizen (Attachment 19)

Gary Upah, Owner, Soggy Bottom Hemp, Kansas Hemp Growers President (Attachment 20)

Joel Soto, private citizen (Attachment 21)

Stacia Luthi, private citizen (Attachment 22)

Mark Luthi, private citizen (Attachment 23)

Ann Reddy, private citizen (Attachment 24)

Cheryl Kumberg, private citizen (Attachment 25)

Robert Anderson, Ellis County Attorney (Attachment 26)

Bruce Blank, private citizen (Attachment 27)

Jason Smith, Solvent Smith Consulting, LLC (Attachment 28)

George Hannah, private citizen (Attachment 29)

Edith Williams, private citizen (Attachment 30)

Isadoro Marino, private citizen (Attachment 31)

Alba Ortiz, private citizen (Attachment 32)

The Chairman opened for a period of questions and answers.

Following questions, the Chairman called for neutral testimony.

Oral Neutral Testimony

Senator Tom Holland spoke as neutral on the bill.  He stated there are significant changes that need to be made to the language in the bill.  He listed seven concerns he has with the bill, such as allowing seeds to be sold, which would encourage black market cannabis growing operations in Kansas, it appears to him the bill is multi-state operator focused, and is "hard-wired" for certain vendors.  He said although his constituents are largely in favor of legalizing medical cannabis, "SB135 as currently drafted, is an Oklahoma medical cannabis disaster waiting to happen."  (Attachment 33)

Debbi Beavers, Director, Alcoholic Beverage Control Division, Kansas Department of Revenue, spoke as neutral on the bill.  She stated most of their issues with the bill are minor technical issues with the current language, and listed problems they see with 12 different sections of the bill. (Attachment 34)

Doug Jorgenson, State Fire Marshall, spoke as neutral on the bill.  He said they would need to hire additional staff to handle inspecting all the new facilities built for this industry, and the funding is not provided for in the fiscal note.  He also noted the bill needs language added to require all facilities to meet safety codes. (Attachment 35)

Cornell Beard, President, International Association of Machinists and Aerospace Workers, District Lodge #70, spoke as neutral on the bill.  He stated missing in the bill is protection for companies and employees from people who are using marijuana.  He said every state that has allowed in Multi-State-Operators has been left in a wake of confusion and dishonesty in their operations of business.  He also noted methods of testing for levels of THC other than just a positive and a negative result, must be provided to employers. (Attachment 36)

Eric Stafford, Kansas Chamber, Vice President of Government Affairs, spoke as neutral on the bill.  He said the Chamber would like to see language added to protect employers' ability to drug test, as well as language to protect the employer from having to pay unemployment benefits if an employee is dismissed for a marijuana infraction in the workplace. (Attachment 37)

With no more time available for oral testimony, the Chairman noted written testimony is available for those oral neutral conferees who did not get a chance to speak.

Neutral Written Only Testimony

Aileen Berquist, Policy Director, American Civil Liberties Union of Kansas (Attachment 38)

Alexandra Blasi, Executive Secretary, Kansas State Board of Pharmacy (Attachment 39)

Juanita Ramos, Lobbyist, Common Bridge Partners, Undoo, Kodion Consulting, Headington (Attachment 40)

Courtney Cyzman, J.D., General Counsel, Kansas State Board of Healing Arts (Attachment 41)

Monica Kurz, Vice President of Prevention & Policy, Kansas Suicide Prevention HQ (Attachment 42)

Bonita Gooch, Kansas Black Leadership Council (Attachment 43)

John Goodyear, General Council, League of Kansas Municipalities (Attachment 44)

Kirk Snavely, private citizen (Attachment 45)

Claudia Hissong, Kansas Farm Bureau (Attachment 46)

Jean Robinson ,Government Affairs Manager, Metrc (Attachment 47)

Aaron Dunkel, Kansas Pharmacists Association (Attachment 48)

The Chairman opened for a period of questions and answers.

Seeing no more questions, the Chairman suspended the hearing on SB135 until March 16, when opponent testimony will be heard.

The Chairman adjourned the meeting at 11:51 am.