Session of 2019 HOUSE BILL No. 2413

Session of 2019

HOUSE BILL No. 2413

By Committee on Federal and State Affairs 4-3

1 AN ACT concerning health and healthcare; enacting the human solution

2

for Kansas act; relating to medical cannabis; providing for the licensure

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and regulation of the manufacture, transportation and sale of medical

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cannabis; imposing a privilege tax on medical cannabis; amending

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K.S.A. 2017 Supp. 65-1120, as amended by section 5 of chapter 42 of

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the 2018 Session Laws of Kansas, K.S.A. 44-1009, 44-1015, 65-2836,

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65-28a05, 65-28b08 and 79-5210 and K.S.A. 2018 Supp. 21-5703, 21-

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5705, 21-5706, 21-5707, 21-5709, 21-5710, 23-3201, 38-2269, 44-501,

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44-706, 79-3606 and 79-5201 and repealing the existing sections.

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11 Be it enacted by the Legislature of the State of Kansas:

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New Section 1.(a) The provisions of sections 1 through 31, and

13 amendments thereto, shall be known and may be cited as the human

14 solution for Kansas act.

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(b)The legislature hereby declares that the human solution for

16 Kansas act is enacted pursuant to the police power of the state to protect

17 the health of its citizens, which is reserved to the state of Kansas and its

18 people under the 10th amendment to the constitution of the United States.

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New Sec. 2.As used in the human solution for Kansas act:

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(a)"Adequate supply" means an amount of cannabis possessed by a

21 medical cannabis license holder that is no more than reasonably necessary

22 to ensure the uninterrupted availability of cannabis to such license holder

23 for a period of three months, as specified in rules and regulations adopted

24 by the secretary.

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(b) (1)"Cannabis" means all parts of all varieties of the plant

26 cannabis sativa L., whether growing or not, the seeds thereof, the resin

27 extracted from any part of the plant and every compound, manufacture,

28 salt, derivative, mixture or preparation of the plant, its seeds or resin.

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(2)The term "cannabis" does not include:

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(A)The mature stalks of the plant;

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(B)fiber produced from the stalks;

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(C)oil or cake made from the seeds of the plant;

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(D)any other compound, manufacture, salt, derivative, mixture or

34 preparation of the mature stalks, except the resin extracted therefrom; or

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(E)fiber, oil, cake or the sterilized seed of the plant that is incapable

36 of germination and contains more than 0.03% tetrahydrocannabinol.

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(c)"Cannabis derivative" means any extract from the plant cannabis

2 sativa, including, but not limited to, any oil or tincture.

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(d)"Concentrated cannabis" means any type of cannabis product that

4 is refined from flowering plants that produces a more purified, potent form

5 of cannabis product, including, but not limited to, hashish, kief, hash oil

6 and resin.

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(e)"Director" means the director of the office of medical cannabis

8 regulation.

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(f)"Edible cannabis" means any food product containing cannabis or

10 cannabis derivatives.

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(g)"Homegrown medical cannabis license holder" means an

12 individual who holds a license issued under section 12, and amendments

13 thereto, and who may possess and grow cannabis in accordance with

14 section 4(d), and amendments thereto.

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(h)"Medical cannabis caregiver" means an individual who holds a

16 license issued to such individual under section 12, and amendments

17 thereto, and who may purchase and possess cannabis in accordance with

18 section 5, and amendments thereto.

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(i)"Medical cannabis dispensary" means a person who holds a

20 license issued to such person under section 12, and amendments thereto,

21 and who may purchase and sell cannabis and cannabis derivatives in

22 accordance with section 6, and amendments thereto.

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(j)"Medical cannabis license holder" means an individual who holds

24 a license issued to such individual under section 12, and amendments

25 thereto, and who may purchase and possess cannabis in accordance with

26 section 4(a), and amendments thereto.

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(k)"Medical cannabis grower" means a person who holds a license

28 issued to such person under section 12, and amendments thereto, and who

29 may grow and sell cannabis in accordance with section 7, and amendments

30 thereto.

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(l)"Medical cannabis processor" means a person who holds a license

32 issued to such person under section 12, and amendments thereto, and who

33 may purchase, process and sell cannabis and cannabis derivatives in

34 accordance with section 8, and amendments thereto.

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(m)"Medical cannabis researcher" means a person who holds a

36 license issued to such person under section 12, and amendments thereto,

37 and who may purchase and process cannabis in accordance with section 9,

38 and amendments thereto.

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(n)"Person" means any individual, corporation, partnership, trust,

40 association or other business entity.

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(o)"Physician" means a person licensed to practice medicine and

42 surgery in this state.

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(p)"Secretary" means the secretary of the department of health and

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1 environment.

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(q)"Temporary medical cannabis license holder" means an individual

3 who holds a license issued under section 12, and amendments thereto, and

4 who may purchase and possess cannabis in accordance with section 4(c),

5 and amendments thereto.

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New Sec. 3.No person shall grow, harvest, process, sell, barter,

7 transport, deliver, furnish or otherwise possess any form of cannabis,

8 except as specifically provided in the human solution for Kansas act.

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New Sec. 4.(a) A medical cannabis license holder may:

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(1)Consume cannabis;

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(2)possess up to three ounces of cannabis on such license holder's

12 person; and

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(3)possess up to eight ounces of cannabis, one ounce of concentrated

14 cannabis, and 72 ounces of edible cannabis on the premises of such license

15 holder's residence.

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The limitation set forth in paragraph (2) shall not apply to any medical

17 cannabis license holder who is transporting cannabis from a medical

18 cannabis dispensary to the license holder's residence.

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(b) (1)An applicant for a medical cannabis license shall be at least 18

20 years of age. The secretary may waive the requirement of this paragraph

21 upon application by an individual who is less than 18 years of age, if such

22 application includes the signature of two physicians who recommend the

23 issuance of a medical cannabis license based on the accepted standards

24 that a reasonable and prudent physician would follow when recommending

25 or approving any medication and the signature of the applicant's parent or

26 legal guardian approving the issuance of a medical cannabis license to

27 such applicant.

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(2)Each application for a medical cannabis license shall include:

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(A)Proof of the applicant's age;

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(B)proof that the applicant is a resident of Kansas; and

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(C)the signature of a physician who recommends the issuance of a

32 medical cannabis license based on the accepted standards that a reasonable

33 and prudent physician would follow when recommending or approving

34 any medication.

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(3)An application for a medical cannabis license shall only be denied

36 for failure to satisfy the qualifications for licensure or for failure to

37 properly complete the application.

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(c)The director may issue a temporary medical cannabis license to an

39 applicant who demonstrates that such applicant is not a resident of this

40 state and holds a medical cannabis license issued by another jurisdiction

41 that provides a state-regulated medical cannabis licensure program.

42 Applications for a temporary medical cannabis license shall include a copy

43 of the applicant's license issued by another jurisdiction and such other

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1 information as required by the director. A temporary medical cannabis

2 license holder may purchase and possess cannabis to the same extent as a

3 medical cannabis license holder.

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(d)The director may issue a homegrown medical cannabis license to

5 an applicant who qualifies for a medical cannabis license and who

6 demonstrates that such applicant is a resident of this state, but resides more

7 than 75 miles from the closest medical cannabis dispensary to such

8 applicant's residence. Applications for a homegrown medical cannabis

9 license shall include the information required under subsection (b)(2). A

10 homegrown medical cannabis license holder may possess and grow up to

11 six mature cannabis plants or six seedling plants, or possess an adequate

12 supply of cannabis on the premises of such license holder's residence.

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New Sec. 5.(a) A medical cannabis caregiver may possess cannabis

14 to the same extent as a medical cannabis license holder under section 4(a),

15 and amendments thereto.

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(b)An applicant for a medical cannabis caregiver license shall be at

17 least 18 years of age. Each application for a medical cannabis caregiver

18 license shall include proof:

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(1)Of the applicant's age;

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(2)that the applicant is a resident of Kansas;

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(3)that the applicant is the designated caregiver for a medical

22 cannabis license holder; and

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(4)that the medical cannabis license holder named in the application

24 is unable to access a medical cannabis dispensary.

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(c)An application for a medical cannabis caregiver license shall only

26 be denied for failure to satisfy the qualifications for licensure or for failure

27 to properly complete the application.

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New Sec. 6.(a) (1) A medical cannabis dispensary may conduct retail

29 sales of cannabis or cannabis derivatives in such forms as may be provided

30 by a medical cannabis processor. Retail sales shall be made only to

31 medical cannabis license holders, medical cannabis caregivers or medical

32 cannabis researchers.

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(2)A medical cannabis dispensary also may transport cannabis from

34 a medical cannabis grower's business premises or a medical cannabis

35 processor's business premises to such medical cannabis dispensary's

36 business premises. All cannabis or cannabis products shall be transported

37 in a locked container and clearly labeled "medical cannabis."

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(b)On the 15th day of each month, each medical cannabis dispensary

39 shall submit a report to the office of medical cannabis regulation. Each

40 report shall contain the following information for the immediately

41 preceding month:

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(1)The aggregate weight of cannabis purchased by the licensee from

43 a medical cannabis processor;

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(2)the aggregate weight of cannabis and cannabis derivatives sold at

2 retail;

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(3)the aggregate amount of sales of cannabis and cannabis

4 derivatives; and

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(4)the aggregate weight of any cannabis that was purchased by the

6 licensee but not sold at retail.

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The director may inspect the records of a medical cannabis dispensary

8 and audit any reports submitted by such licensee pursuant to this section.

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(c)No medical cannabis dispensary shall be located within 1,000 feet

10 from the entrance to any public or private elementary or secondary school.

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New Sec. 7.(a) (1) A medical cannabis grower may grow cannabis

12 and sell such cannabis to a medical cannabis processor, medical cannabis

13 dispensary or medical cannabis researcher. To the extent permitted by

14 federal law, a medical cannabis grower may sell cannabis to and purchase

15 cannabis from any wholesale cannabis provider located outside this state.

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(2) A medical cannabis grower also may transport cannabis to a

17 medical cannabis processor's business premises or a medical cannabis

18 dispensary's business premises from such medical cannabis grower's

19 business premises, and to the extent permitted by federal law, to and from

20 the business premises of any cannabis provider located outside this state.

21 All cannabis or cannabis products shall be transported in a locked

22 container and clearly labeled "medical cannabis."

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(3)A medical cannabis grower shall not sell, furnish or otherwise

24 provide cannabis directly to a medical cannabis license holder or medical

25 cannabis caregiver.

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(b)On the 15th day of each month, each medical cannabis grower

27 licensee shall submit a report to the office of medical cannabis regulation.

28 Each report shall contain the following information for the immediately

29 preceding month:

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(1)The aggregate weight of cannabis harvested, expressed in pounds;

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(2)the aggregate weight of drying or dried cannabis being stored by

32 the licensee, expressed in pounds;

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(3)the aggregate weight of cannabis sold to medical cannabis

34 processors, expressed in pounds;

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(4)the aggregate weight of cannabis sold to medical cannabis

36 dispensaries, expressed in pounds;

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(5)the aggregate amount of sales; and

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(6)the aggregate weight of any cannabis that was harvested by the

39 licensee but not sold, expressed in pounds.

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The director may inspect the records of a medical cannabis grower and

41 audit any reports submitted by such licensee pursuant to this section.

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New Sec. 8.(a) (1) A medical cannabis processor may:

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(A)Purchase cannabis plants and distill or process such plants into

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