SESSION OF 2024
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2596
As Amended by Senate Committee on Public
Health and Welfare

Brief*
HB 2596, as amended, would amend the state Uniform
Controlled Substances Act (Act). The bill would also add
tianeptine, which is not included in the federal Controlled
Substances Act, and make technical changes.
[Note: The federal and state controlled substances acts
provide for a five-schedule classification system of
substances. These classifications are based on a substance’s
accepted medical use, the potential for abuse or addiction,
and harmfulness. Schedule I contains the substances with
the most potential for abuse, harm, and no recognized
medical uses, while Schedule V provides the least dangerous
substances with known medical uses.]

Schedule I (Section 2)
The bill would add 36 new substances to the Act,
including 23 fentanyl-related controlled substances and
tianeptine, its optical isomers, salts, and salts of isomers.

Schedule II (Section 3)
The bill would add four additional substances to be
excluded from control as Schedule II opioids: thebaine-
derived butorphanol, naldemedine, naloxegol, and
samidorphan.
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
Schedule IV (Section 4)
The bill would add daridorexant (brand name Quviviq), a
medication used to treat insomnia, and
serdexmethylphenidate, an active ingredient in medication
used to treat attention-deficit/hyperactivity disorder (ADHD) to
the list of Schedule IV substances. The bill would remove
fenfluramine (brand name Fintepla), a U.S. Food and Drug
Administration-approved medication used to treat seizures, to
mirror the federal descheduling of the drug.

Schedule V (Section 5)
The bill would add ganaxolone (brand name Ztalmy), a
medication used to treat a particular type of seizure, to
Schedule V.

Background
The bill was introduced in the House Committee on
Health and Human Services at the request of Representative
Clifford on behalf of the State Board of Pharmacy (Board).

House Committee on Health and Human Services
In the House Committee hearing on January 29, 2024, a
representative of the Board provided proponent testimony,
stating that the Board works with the Kansas Bureau of
Investigation (KBI) to review changes made by the U.S. Drug
Enforcement Administration to the federal Controlled
Substances Act. The representative also stated the bill would
make necessary changes to the state Uniform Controlled
Substances Act that reflect the federal updates.
Written-only proponent testimony was provided by a
representative of the KBI.

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 A private citizen provided neutral testimony regarding
the inclusion of cannabis and marijuana-related drugs as
controlled substances.
No other testimony was provided.
Senate Committee on Public Health and Welfare
In the Senate Committee hearing on March 5, 2024, a
representative of the Board provided proponent testimony,
stating the bill would make necessary changes to the state
Uniform Controlled Substances Act that reflect federal
updates. The representative also noted the Board worked
closely with the KBI regarding the changes.
Written-only proponent testimony was provided by a
representative of the KBI.
A private citizen provided neutral testimony regarding
the scheduling of cannabis and marijuana-related drugs as
controlled substances.
No other testimony was provided.
The Senate Committee amended the bill to add
tianeptine, its optical isomers, salts, and salts of isomers as a
Schedule I controlled substance.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Board indicates that
enactment of the bill would have no fiscal effect on the
agency. The Board noted that because pharmacies are
required to follow federal law as well as state law, any
changes the Board were to make as a result of enactment of
the bill would have no effect on the practice of pharmacy
because the stricter federal law is already been in place.
Uniform Controlled Substances Act; controlled substances; schedule; drugs;
substances; U.S. Drug Enforcement Administration; U.S. Federal Drug
Administration

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Statutes affected:
As introduced: 21-5701, 65-4105, 65-4107, 65-4111, 65-4113
As Amended by Senate Committee: 21-5701, 65-4105, 65-4107, 65-4111, 65-4113