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Minutes for HB2686 - Committee on Corrections and Juvenile Justice
Short Title
Removing felony violation of possession of marijuana and releasing people currently in prison for such violations.
Minutes Content for Mon, Feb 24, 2020
Handouts from Jordan Milholland with the Kansas Legislative Research Department provided information requested during the hearing on HB2686.
- A Memorandum from Scott Schultz from the Kansas Sentencing Commission
- An email from Mr. Milholland concerning laws on marijuana in surrounding states with attachments:
- 'Marijuana Use During Pregnancy'
- 'Maternal, Perinatal, and Neonatal Outcomes Association Between Self-reported Prenatal Cannabis Use'
Natalie Scott gave a brief overview of HB2686.
The Committee had comments and questions.
Representative Jennings moved to amend HB2686 with the Jennings amendment (Attachment 1), seconded by Representative French.
The Committee had comments and questions.
The motion to amend passed.
Representatives Carmichael, French, Highberger, Owens, and Weigel requested their votes of 'Aye' be recorded.
Representative Highberger moved to amend HB2686 with the Highberger #1 amendment (Attachment 2), seconded by Representative Carmichael.
Chairperson Jennings asked Representative Highberger is he would have any objections to dividing his amendment into two questions. The first question would be of regarding immediate expungement upon satisfaction of sentence and then the second question would be the application , of prior offenses to their criminal history. Representative Highberger did not object to separating his amendment.
Chairperson Jennings posed the first question "Do you vote to approve that provision of the amendment relating to the potential for immediate expungement upon satisfaction of sentence?"
Those who wish to be supportive of this portion of the amendment indicate by saying 'Aye'. Those opposed by saying 'No'. The 'Nos' appear to have it. Representatives Carmichael, Highberger, and Owens requested their votes of 'Aye' be recorded.
The question #1 amendment failed.
Chairperson Jennings asked the second question "As it pertains to adjusting criminal history upon a new felony being committed, and treating prior felony possession of marijuana conviction, for the felony offense and then treating them as a misdemeanor.
Those in favor of that portion of the Highberger amendment indicate by saying 'Aye'. Those opposed by saying 'No'. The 'Nos' appear to have it. Representatives Carmichael and Highberger requested their votes of 'Aye' be recorded. Representative Owens requested his vote of 'No' be recorded.
The question #2 amendment failed. The Highberger #1 amendment has failed on both counts.
Representative Highberger moved to amend HB2686 with the Highberger #2 amendment (Attachment 3), seconded by Representative Carmichael.
The motion to amend failed.
Representatives Carmichael, Highberger, and Weigel requested their votes of 'Aye' be recorded.
Representative Owens requested his vote of 'No' be recorded.
Representative Highberger moved HB2686 favorably for passage as amended by the Jennings amendment, seconded by Representative Carmichael.
The motion failed to report HB2686 favorably for passage as amended by the Jennings amendment.
Representatives Carmichael, Highberger, and Weigel requested their votes of 'Aye' be recorded.
Representative Owens requested his vote of 'No' be recorded.
Chairperson Jennings adjourned the meeting.
