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HOUSE BILL No. 2413

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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 3 and regulation of the manufacture, transportation and sale of medical 4 cannabis; imposing a privilege tax on medical cannabis; amending 5 K.S.A. 2017 Supp. 65-1120, as amended by section 5 of chapter 42 of 6 the 2018 Session Laws of Kansas, K.S.A. 44-1009, 44-1015, 65-2836, 7 65-28a05, 65-28b08 and 79-5210 and K.S.A. 2018 Supp. 21-5703, 21- 8 5705, 21-5706, 21-5707, 21-5709, 21-5710, 23-3201, 38-2269, 44-501, 9 44-706, 79-3606 and 79-5201 and repealing the existing sections. 10 11 Be it enacted by the Legislature of the State of Kansas: 12 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. 15 (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. 19 New Sec. 2. As used in the human solution for Kansas act: 20 (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. 25 (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. 29 (2) The term "cannabis" does not include: 30 (A) The mature stalks of the plant; 31 (B) fiber produced from the stalks; 32 (C) oil or cake made from the seeds of the plant; 33 (D) any other compound, manufacture, salt, derivative, mixture or 34 preparation of the mature stalks, except the resin extracted therefrom; or 35 (E) fiber, oil, cake or the sterilized seed of the plant that is incapable 36 of germination and contains more than 0.03% tetrahydrocannabinol. HB 2413 2 1 (c) "Cannabis derivative" means any extract from the plant cannabis 2 sativa, including, but not limited to, any oil or tincture. 3 (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. 7 (e) "Director" means the director of the office of medical cannabis 8 regulation. 9 (f) "Edible cannabis" means any food product containing cannabis or 10 cannabis derivatives. 11 (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. 15 (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. 19 (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. 23 (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. 27 (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. 31 (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. 35 (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. 39 (n) "Person" means any individual, corporation, partnership, trust, 40 association or other business entity. 41 (o) "Physician" means a person licensed to practice medicine and 42 surgery in this state. 43 (p) "Secretary" means the secretary of the department of health and HB 2413 3 1 environment. 2 (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. 6 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. 9 New Sec. 4. (a) A medical cannabis license holder may: 10 (1) Consume cannabis; 11 (2) possess up to three ounces of cannabis on such license holder's 12 person; and 13 (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. 16 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. 19 (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. 28 (2) Each application for a medical cannabis license shall include: 29 (A) Proof of the applicant's age; 30 (B) proof that the applicant is a resident of Kansas; and 31 (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. 35 (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. 38 (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 HB 2413 4 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. 4 (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. 13 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. 16 (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: 19 (1) Of the applicant's age; 20 (2) that the applicant is a resident of Kansas; 21 (3) that the applicant is the designated caregiver for a medical 22 cannabis license holder; and 23 (4) that the medical cannabis license holder named in the application 24 is unable to access a medical cannabis dispensary. 25 (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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