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Minutes for SB449 - Committee on Agriculture and Natural Resources
Short Title
Removing cannabis products that contain up to 0.3% THC from the list of controlled substances listed in schedule I of the uniform controlled substances act.
Minutes Content for Fri, Feb 21, 2020
Chairperson Kerschen opened the hearing on SB449.
Kyle Hamilton with the Revisor of Statutes Office explained the bill. This bill would amend the existing law to remove cannabis products that contain up to 0.3 THC from the list of controlled substances by modifying the definitions of marijuana to exclude all parts of the plant that contain less than 0.3 THC.This would also replace the current definition of industrial hemp.
Senator Ware asked for clarification and said that 0.3 per cent is the dividing line. Anything more than 0.3 is marijuana and anything less than 0.3 is hemp. Kyle Hamilton said that was correct.
Kevin Barone spoke in support on the bill. He believes that this legislation aligns Kansas statute with the federal law as enacted by the 2018 Farm Bill. The federal law states that hemp products can contain up to 0.3 THC in a hemp product. In Kansas now the law states that if a product such as CBD oil is found to have any more than 0 percent THC it is in violation of the law and the person selling it can be arrested. He feels this is not right.(Attachment 1)
Written proponent testimony was submitted by:
Kelly Ripple- Kansans for Hemp(Attachment 2)
Nick Reinecker- private citizen(Attachment 3)
Ed Klumpp spoke in opposition to the bill. He believes that altering the definition of marijuana to achieve the goal of this bill is fraught with potential unintended consequences. Amending the definition of marijuana or cannabis in the drug schedules or criminal code will affect every case involving materials that law enforcement handles including testing in the labs to check every sample of cannabis being processed in a criminal case. He feels there is a better solution and hopes all parties can come together to find one.(Attachment 4)
Katie Whisman testified against the bill. She told the committee that the bill not only applies to plant material, but also to edibles, beverage, and oils. Without forensic analysis it would be impossible to differentiate low THC products from those that contain high concentrations of THC. It would be costly because the labs would have to test these products. She suggested that since the intent of the bill was to make Kansas law as permissive as Federal law in regards to the allowance of up to 0.3 percent THC in products derived from industrial hemp, consideration be given to redefining hemp products in the Industrial Hemp Act,in chapter 2, article 39.(Attachment 5)
There were many questions, comments and much discussion among committee members and conferees. In the end the committee decided that the issues in the bill were too complex to be decided in such a short period of time. It was suggested that the parties involved get together and come up with language for a bill that they could all support.
Chairperson Kerschen closed the hearing on SB449.
With no further business before the committee, Chairperson Kerschen adjourned the meeting at 9:20.
