Special Session of 2020
HOUSE BILL No. 2017
By Representatives Holscher, Bishop, Curtis, Frownfelter, Pittman, S. Ruiz, Xu
and Yeager
6-3

1 AN ACT concerning health and healthcare; enacting the Kansas equal
2 access act; relating to medical cannabis; providing for the licensure and
3 regulation of the manufacture, transportation and sale of medical
4 cannabis; amending K.S.A. 44-1009, 44-1015, 79-5201 and 79-5210
5 and K.S.A. 2019 Supp. 8-1567, 21-5703, 21-5705, 21-5706, 21-5707,
6 21-5709, 21-5710, 21-6109, 23-3201, 38-2269, 44-501, 44-706 and 65-
7 1120 and repealing the existing sections.
8
9 Be it enacted by the Legislature of the State of Kansas:
10 New Section 1. (a) Sections 1 through 27, and amendments thereto,
11 shall be known as the Kansas equal access act.
12 (b) The legislature hereby declares that the Kansas equal access act is
13 enacted pursuant to the police power of the state to protect the health of its
14 citizens, which power is reserved to the state of Kansas and its people
15 under the 10th amendment to the constitution of the United States.
16 New Sec. 2. As used in the Kansas equal access act, unless the
17 context requires otherwise:
18 (a) "Advertising" means the act of providing consideration for the
19 publication, dissemination, solicitation or circulation of visual, oral or
20 written communication to directly or indirectly induce any person to
21 patronize a particular licensed medical cannabis facility or purchase a
22 particular type of medical cannabis or medical cannabis product. The term
23 "advertising" includes marketing, but does not include the packaging and
24 labeling of any medical cannabis or medical cannabis product.
25 (b) "Agency" means the Kansas medical cannabis agency established
26 under section 3, and amendments thereto.
27 (c) "Cannabis" means all parts of all varieties of the plant Cannabis
28 whether growing or not, the seeds thereof, the resin extracted from any
29 part of the plant and every compound, manufacture, salt, derivative,
30 mixture or preparation of the plant, its seeds or resin. It does not include:
31 (1) The mature stalks of the plant, fiber produced from the stalks, oil or
32 cake made from the seeds of the plant, any other compound, manufacture,
33 salt, derivative, mixture or preparation of the mature stalks, except the
34 resin extracted therefrom, fiber, oil or cake or the sterilized seed of the
35 plant that is incapable of germination; (2) any substance listed in schedules
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1 II through V of the uniform controlled substances act; (3) cannabidiol
2 (other trade name: 2-[(3-methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-
3 5-pentyl-1,3-benzenediol); or (4) industrial hemp as defined in K.S.A.
4 2019 Supp. 2-3901, and amendments thereto, when cultivated, produced,
5 possessed or used for activities authorized by the commercial industrial
6 hemp act.
7 (d) "Cannabinoid" means any of the chemical compounds that are
8 active principles of cannabis.
9 (e) "Caregiver" means an individual who holds a caregiver license
10 issued pursuant to section 10, and amendments thereto.
11 (f) "Cultivation facility" means a person licensed pursuant to section
12 16, and amendments thereto, to cultivate, prepare and package medical
13 cannabis and to sell medical cannabis to licensed dispensary and
14 manufacturer facilities.
15 (g) "Department" means the department of health and environment.
16 (h) "Director" means the director of the Kansas medical cannabis
17 agency.
18 (i) "Dispensary facility" means a person licensed pursuant to section
19 16, and amendments thereto, to purchase medical cannabis or medical
20 cannabis products from a licensed cultivation facility or manufacturer
21 facility and to sell medical cannabis and medical cannabis products to
22 other licensed dispensary facilities or to licensed patients and caregivers.
23 (j) "Educational research facility" means a person licensed pursuant
24 to section 16, and amendments thereto, to provide training and education
25 to individuals involving the cultivation, growing, harvesting, curing,
26 preparing, packaging or testing of medical cannabis or the production,
27 manufacture, extraction, processing, packaging or creation of medical
28 cannabis products.
29 (k) "Licensee" means any person holding a license issued pursuant to
30 this act to operate a cultivation facility, manufacturer facility, testing
31 laboratory facility or dispensary facility or to transport medical cannabis
32 from one licensed facility to another licensed facility.
33 (l) "Licensed premises" means the premises specified in an
34 application for a cultivation facility, manufacturer facility, testing
35 laboratory facility, dispensary facility or educational research facility
36 license that is owned or leased by the person holding such license.
37 (m) "Manufacture" means the production, propagation, compounding
38 or processing of a medical cannabis product, excluding cannabis plants,
39 either directly or indirectly by extraction from substances of natural or
40 synthetic origin, by means of chemical synthesis or by a combination of
41 extraction and chemical synthesis.
42 (n) "Material change" means any change that would require a
43 substantive revision to the standard operating procedures of a licensee in
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1 the cultivation or manufacture of medical cannabis or medical cannabis
2 products.
3 (o) "Medical cannabis concentrate" means a medical cannabis
4 concentrate produced by extracting cannabinoids from cannabis through
5 the use of heat or pressure.
6 (p) "Medical cannabis product" means a product that contains
7 cannabinoids that have been extracted from plant material or the resin of a
8 plant and is intended for administration to a patient. The term "medical
9 cannabis product" includes, but is not limited to, oils, tinctures, edibles,
10 pills, topical forms, gels, creams, vapors, patches, liquids and any form
11 administered by a nebulizer. The term "medical cannabis product" does not
12 include any form of the live cannabis plant.
13 (q) "Medical provider" means a physician or physician assistant, as
14 those terms are defined in K.S.A. 65-28a02, and amendments thereto, or
15 an advanced practice registered nurse, as defined in K.S.A. 65-1113, and
16 amendments thereto.
17 (r) "Patient" means an individual who holds a patient license issued
18 pursuant to section 10, and amendments thereto.
19 (s) "Person" means an individual, partnership, limited partnership,
20 limited liability partnership, limited liability company, trust, estate,
21 association, corporation, cooperative or any other legal or commercial
22 organization.
23 (t) "Processor facility" means a person licensed pursuant to section
24 16, and amendments thereto, to produce, manufacture, package or create
25 medical cannabis concentrate or medical cannabis products.
26 (u) "Qualifying medical condition" means a temporary disability or
27 illness due to injury or surgery or a permanent disability or illness that:
28 (1) Substantially limits the ability of the individual to conduct one or
29 more major life activities as defined in the Americans with disabilities act
30 of 1990, public law 101-336; or
31 (2) if not alleviated, may cause serious harm to the individual's safety
32 or physical or mental health.
33 (v) "Secretary" means the secretary of the department of health and
34 environment.
35 (w) "Secured facility" means an enclosed space equipped with locks
36 or other security devices that permit access to such space only by the
37 patient or individuals authorized to enter such space by the patient, and, if
38 such facility is located outdoors, the cannabis plants are not visible to the
39 unaided eye at ground level from property that is adjacent to such facility,
40 but not owned or controlled by the patient, or from any permanent
41 structure located on such adjacent property.
42 (x) "Testing laboratory facility" means a person licensed pursuant to
43 section 16, and amendments thereto, to conduct testing and research on
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1 medical cannabis and medical cannabis products.
2 New Sec. 3. There is hereby established, within and as a part of the
3 department of health and environment, the Kansas medical cannabis
4 agency. The secretary of health and environment shall appoint a director of
5 the Kansas medical cannabis agency, subject to confirmation by the senate
6 as provided in K.S.A. 75-4315b, and amendments thereto, and the director
7 shall serve at the pleasure of the secretary. Except as provided by K.S.A.
8 46-2601, and amendments thereto, no person appointed as director shall
9 exercise any power, duty or function as director until confirmed by the
10 senate. The director of the Kansas medical cannabis agency shall be in the
11 unclassified service and shall receive an annual salary fixed by the
12 secretary of health and environment and approved by the governor. Under
13 the supervision of the secretary, the director shall administer the Kansas
14 medical cannabis agency in accordance with the provisions of this act.
15 New Sec. 4. No individual shall be appointed director or employed by
16 the agency if such individual, such individual's spouse, parent, sibling,
17 child or spouse of a sibling or child, directly or indirectly, individually or
18 as a member of a partnership, or as a shareholder of a corporation, holds
19 any interest in any person or entity licensed pursuant to this act.
20 New Sec. 5. (a) All employees of the agency shall be in the
21 unclassified service. The director shall not adopt any employment policy
22 that prohibits the employment of individuals who have been convicted or
23 pleaded guilty to any offense under article 36a of chapter 21 of the Kansas
24 Statutes Annotated, prior to its transfer, article 57 of chapter 21 of the
25 Kansas Statutes Annotated, and amendments thereto, or K.S.A. 65-4160 or
26 65-4162, prior to their repeal, but whose conduct that resulted in such
27 offense would have been lawful if such individual had possessed a valid
28 patient or caregiver identification card at the time of such offense.
29 (b) The director and any agents or employees of the agency
30 designated by the director, with the approval of the secretary, are hereby
31 vested with the power and authority of law enforcement officers, in the
32 execution of the duties imposed upon the director by this act and in
33 enforcing the provisions of this act.
34 (c) The director and each agent and employee designated by the
35 director under subsection (a), with the approval of the secretary, shall have
36 the authority to make arrests, conduct searches and seizures and carry
37 firearms while investigating violations of this act and during the routine
38 conduct of their duties as determined by the director or the director's
39 designee. In addition to or in lieu of the above, the director and each agent
40 and employee shall have the authority to issue notices to appear pursuant
41 to K.S.A. 22-2408, and amendments thereto. No agent or employee of the
42 agency shall be certified to carry firearms under the provisions of this
43 section without having first successfully completed the firearm training
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1 course or courses prescribed for law enforcement officers under K.S.A.
2 74-5604a(a), and amendments thereto. The secretary may adopt rules and
3 regulations prescribing other training required for such agents or
4 employees.
5 (d) The attorney general shall appoint, with the approval of the
6 secretary, an assistant attorney general who shall be the attorney for the
7 director and the agency and who shall receive an annual salary fixed by the
8 attorney general with the approval of the director.
9 New Sec. 6. (a) The director shall have the following powers,
10 functions and duties:
11 (1) To receive applications for and to issue, suspend and revoke
12 identification cards and licenses in accordance with the provisions of this
13 act;
14 (2) to call upon other administrative departments and law
15 enforcement agencies of the state, county and city governments and upon
16 district and county attorneys for such information and assistance as the
17 director deems necessary in the performance of the duties imposed upon
18 the director by this act;
19 (3) to inspect or cause to be inspected any licensed premises or any
20 premises where cananbis is cultivated;
21 (4) in the conduct of any hearing authorized to be held by the
22 director:
23 (A) to examine or cause to be examined, under oath, any person and
24 to examine or cause to be examined books and records of any licensee;
25 (B) to hear testimony and take proof material for the information of
26 the director in the discharge of such duties hereunder;
27 (C) to administer or cause to be administered oaths; and
28 (D) for any such purposes, to issue subpoenas to require the
29 attendance of witnesses and the production of books that shall be effective
30 in any part of this state, and any district court or any judge of the district
31 court, may, by order duly entered, require the attendance of witnesses and
32 the production of relevant books subpoenaed by the director, and the court
33 or judge may compel obedience to the order by proceedings for contempt;
34 (5) to collect, receive, account for and remit all license fees and taxes
35 provided for in this act and all other moneys received by the director
36 pursuant to this act;
37 (6) to enter into such contracts as necessary to implement the
38 provisions of this act;
39 (7) to impose any fines or other civil penalties in accordance with the
40 provisions of this act;
41 (8) to seek injunctive relief or any other appropriate civil remedy
42 necessary to enforce the provisions of this act and any rules and
43 regulations adopted thereunder;
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1 (9) to coordinate with the state banking commissioner and the state
2 treasurer to develop banking and finance best practices and standards for
3 facilities licensed pursuant to this act; and
4 (10) such other powers, functions and duties as are or may be
5 imposed or conferred upon the director by law.
6 (b) The director shall propose such rules and regulations as necessary
7 to implement the provisions of this act. After the public hearing on a
8 proposed rule and regulation has been held as required by law, the director
9 shall submit the proposed rule and regulation to the secretary, who shall
10 adopt the rule and regulation upon approval by the secretary. Such rules
11 and regulations shall include, but are not limited to:
12 (1) Establishing internal control policies and procedures for the
13 review of license applications and the issuance of licenses;
14 (2) verifying the sources of financing for facilities licensed pursuant
15 to this act; and
16 (3) establishing policies and procedures for the reporting and tracking
17 of:
18 (A) Adverse events;
19 (B) product recalls; and
20 (C) complaints.
21 (c) It is intended by this act that the director shall have broad
22 discretionary powers to govern the traffic in medical cannabis in this state
23 and to strictly enforce all the provisions of this act in the interest of
24 sanitation, purity of products, truthful representation and honest dealings
25 in such manner as generally will promote the public health and welfare.
26 All valid rules and regulations adopted under the provisions of this act
27 shall be absolutely binding upon all licensees and enforceable by the
28 director through the power of suspension or revocation of licenses.
29 New Sec. 7. All actions by the director under the Kansas equal access
30 act shall be in accordance with the Kansas administrative procedure act
31 and reviewable in accordance with the Kansas judicial review act.
32 New Sec. 8. (a) There is hereby established the Kansas medical
33 cannabis advisory board. The Kansas medical cannabis advisory board
34 shall consist of 18 members as follows:
35 (1) The secretary of the department of health and environment or the
36 secretary's designee;
37 (2) the secretary of the department of agriculture or the secretary's
38 designee;
39 (3) the secretary for aging and disability services or the secretary's
40 designee;
41 (4) The following members appointed by the governor:
42 (A) Two members who support the use of cannabis for medical
43 purposes and who are or were patients who found relief from the use of
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1 medical cannabis;
2 (B) one member designated by the Kansas association of addiction
3 professionals;
4 (C) three licensed physicians who have completed cannabis-specific
5 continuing medical education training;
6 (D) one licensed nurse practitioner who has experience in hospice
7 care;
8 (E) one licensed pharmacist;
9 (F) one member who has experience in the science of cannabis;
10 (G) one member who is a representative of law enforcement agencies;
11 (H) one member who is an attorney knowledgeable about medical
12 cannabis laws in the United States;
13 (I) one member recommended by the secretary of agriculture who has
14 experience in horticulture;
15 (J) two members wh