SESSION OF 2021
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2277
As Amended by House Committee of the Whole

Brief*
HB 2277, as amended, would amend the definition of
“possession” and “drug paraphernalia” in the Kansas Criminal
Code.

Possession
The bill would amend the definition of “possession” to
mean “knowingly having joint or exclusive control over an
item, or knowingly keeping some item in a place where the
person has some measure of access and right of control.”
Under current law, “possession” is defined as “having
joint or exclusive control over an item with knowledge of or
intent to have such control or knowingly keeping some item in
a place where the person has some measure of access and
right of control.”
The bill would remove the definition of “possession” in a
Kansas Criminal Code definitions section pertaining
specifically to drug crimes.

Drug Paraphernalia
The bill would amend the definition of “drug
paraphernalia” to specifically exclude fentanyl testing strips.

____________________
*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
Technical Amendments
The bill would also make technical amendments to
ensure consistency in statutory phrasing.

Background
The bill was introduced by the House Committee on
Corrections and Juvenile Justice at the request of a
representative of the Kansas County and District Attorneys
Association.
[Note: The bill, as introduced, contained provisions
similar to those of 2020 HB 2456, as passed by the House.]

House Committee on Corrections and Juvenile Justice
In the House Committee hearing on February 18, 2021,
proponent testimony was provided by a representative of the
Kansas County and District Attorneys Association, who stated
the bill would clarify the culpable mental state required to
prove possession because current law contains two types of
culpable mental states that could be applied.
Written-only proponent testimony was provided by a
representative of the League of Kansas Municipalities. No
other testimony was provided.
The House Committee amended the bill to remove the
definition of “possession” in a Kansas Criminal Code
definitions section pertaining specifically to drug crimes.

House Committee of the Whole
The House Committee of the Whole amended the bill to
exclude fentanyl testing strips from the definition of “drug
paraphernalia”.

2- 2277
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Office of Judicial
Administration states enactment of the bill would have a
negligible fiscal effect on the operations of the Judicial
Branch. The Kansas Association of Counties states
enactment of the bill could affect charging decisions and may
have an effect on individuals held on possession charges.
According to the prison bed impact assessment
prepared by the Kansas Sentencing Commission on the bill,
as introduced, enactment of the bill would have no impact on
prison admissions or the journal entries workload of the
Commission.
Drug paraphernalia; Fentanyl testing strips; Kansas Criminal Code; possession


3- 2277


Statutes affected:
As introduced: 21-5111
As Amended by House Committee: 21-5111, 21-5701
{As Amended by House Committee of the Whole}: 21-5111, 21-5701