SESSION OF 2022
SUPPLEMENTAL NOTE ON SENATE SUBSTITUTE FOR
HOUSE BILL NO. 2262
As Amended by Senate Committee on Public
Health and Welfare

Brief*
Senate Sub. for HB 2262, as amended, would amend
the Uniform Controlled Substances Act (Act) and other
statutes. The bill would also make technical changes.
The bill would be in effect upon publication in the
Kansas Register.

Schedule I
The bill would add two opiates, one opioid derivative,
and one compound containing hallucinogenic substances to
the schedule. The bill would also make spelling and
substance number updates, change “ring” to “group” in
certain cannabinoid classes, add a “syncan” class, and make
technical changes.

Schedule II
The bill would add one opioid metabolite of
oxymorphone and oxycodone, one intravenous opioid
medication for severe acute pain, and one opioid analgesic to
the schedule.


____________________
*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
The bill would add one short-acting sedation medication,
an insomnia medication, an antidepressant used to treat
depression and postpartum depression, and a medication for
treatment of sleepiness due to narcolepsy or sleep apnea to
the schedule.

Schedule V
The bill would add a medication for treatment of adult
seizures and a drug used to treat migraines without aura to
the schedule.

Other Updates
The bill would remove from the Kansas Schedule IV the
U.S. Food and Drug Administration (FDA)-approved drug
Epidiolex to mirror the federal de-scheduling of this drug.
The bill would amend the definition of “marijuana” to
exempt FDA-approved drug products in the Act and in the
definition sections of crimes involving controlled substances.

Background
HB 2262, as introduced, concerned permits for
cremation. On March 26, 2021, the Senate Committee on
Public Health and Welfare recommended a substitute bill and
inserted the provisions of SB 298, as amended by the
Committee. [Note: The Senate Committee inserted the
provisions of HB 2262 as introduced into HB 2254 (law,
effective July 1, 2021).]


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SB 298
The bill was introduced by the Senate Committee on
Federal and State Affairs.
Senate Committee on Public Health and Welfare
In the Senate Committee hearing, a representative of
the State Board of Pharmacy (Board) provided proponent
testimony. The proponent stated the Board works with the
Kansas Bureau of Investigation to review changes made by
the U.S. Drug Enforcement Administration to the federal
Controlled Substances Act and works to make necessary
changes in the state Uniform Controlled Substances Act to
reflect the federal updates.
A private citizen provided opponent testimony stating
opposition to including cannabis and marijuana-related drugs
as a controlled substance.
No other testimony was provided.
The Senate Committee amended SB 298 to make a
technical change, removed the contents from HB 2262 as
introduced, and inserted the language of SB 298, as
amended, to create a substitute bill. The Committee report
was read into the Senate on March 30, 2021. On January 18,
2022, the substitute bill was withdrawn from Calendar and re-
referred to the Senate Committee.
On February 1, 2022, the Senate Committee amended
Senate Sub. for HB 2262, at the request of the Board in
partnership with the Kansas Bureau of Investigation, to
exempt FDA-approved drug products containing an active
ingredient derived from marijuana from the definition of
marijuana. A representative of the Board explained precedent
for this process was established in 2017 when the drug
Epidiolex, a proprietary oral solution of pure plant derived
cannabidiol, was enacted prospectively as a Schedule V drug
before its approval by the FDA in 2018. Including the drug in

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statute made it available to Kansans by prescription as soon
as it was FDA-approved. The representative of the Board
explained that at least one drug containing an active
ingredient derived from marijuana is likely to be approved
between the 2022 and 2023 legislative sessions. It was noted
the amendment does not specify any particular product and
would allow any FDA-approved drug product containing an
active ingredient derived from marijuana to be available with
a prescription.
The Senate Committee also made a technical
amendment to update the effective date.
Fiscal Information
According to the March 2021 fiscal note prepared by the
Division of the Budget on SB 298 as introduced, the Board,
Board of Examiners in Optometry, Department of Corrections,
Department of Health and Environment, Kansas Bureau of
Investigation, Kansas Dental Board, and State Board of
Healing Arts indicate enactment of the bill would have no
fiscal effect on the agencies. The Office of Judicial
Administration indicates the bill would not have a significant
fiscal effect on the courts. The Board of Nursing indicates the
bill would increase expenditures for communication costs by
approximately $2,000 from the Board of Nursing Fee Fund for
FY 2022. Any fiscal effect associated with the bill is not
reflected in The FY 2022 Governor’s Budget Report.
Uniform Controlled Substances Act; controlled substances; schedule; drugs;
substances; U.S. Drug Enforcement Administration; U.S. Food and Drug
Administration


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Statutes affected:
As introduced: 65-1762, 65-2426a, 65-2429
{As Amended by House Committee of the Whole}: 65-1762, 65-2426a, 65-2429
S Sub for: 65-4105, 65-4107, 65-4111, 65-4113
As Amended by Senate Committee: 21-5701, 65-4101, 65-4105, 65-4107, 65-4111, 65-4113