A Kansas Twist — Digging into State Medical Marijuana Legal guidelines (November 5, 2021)
In 2021, the Kansas Home handed Home Substitute (H. Sub.) for Senate Invoice (SB) 158, which might create the Kansas Medical Marijuana Regulation Act and the Kansas Medical Marijuana Regulation Program. Whereas the Senate didn’t work the invoice in 2021, it stays alive for consideration in the course of the 2022 session, together with an analogous invoice, SB 315. This version of A Kansas Twist discusses components of the Kansas payments within the context of medical marijuana legal guidelines in different states.
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A complete of 36 states and the District of Columbia have authorized complete, publicly accessible medical marijuana/hashish applications; see Desk 1 under. Authorised measures in 11 states permit using “low THC, excessive cannabidiol (CBD)” merchandise for medical causes in restricted conditions or as a authorized protection; see Desk 2 under.
This version of A Kansas Twist digs into these tables to summarize and analyze a few of the key options of complete medical marijuana legal guidelines in different states, together with registration necessities, medical situations, possession limits and cultivation rules. These provisions have been chosen over a number of others, together with dispensary operation and leisure use, as a result of they’ve been on the heart of the medical marijuana coverage debate in Kansas and different states and have been included in each H. Sub. for SB 158 and SB 315.
Registration refers to a program requiring “established ID playing cards or a registry” to take part within the jurisdiction’s medical marijuana program. All 36 states and Washington, D.C., which have legalized medical marijuana require registration, other than Washington state the place registration is voluntary for adults age 21 and older however is required for minors, caregivers of minors, or adults age 18‒20. A registration charge is required in 33 states, starting from $1 to $200 with $50 as the most typical charge. As well as, three states don’t cost a charge and two states have unclear charge constructions. 9 states supply charge reductions for sufferers who meet eligibility standards together with senior residents, army veterans or sufferers at present using authorities help such because the Supplemental Diet Help Program, Medicaid/Medicare or Non permanent Incapacity Advantages. 9 states additionally acknowledge visiting sufferers enrolled of their residence state’s medical marijuana program, though some require further short-term registration or proof of registration from the house state. The proposed Kansas laws — H. Sub. for SB 158 and SB 315 — would require sufferers to register with the state medical marijuana program and acquire an ID card. The prompt charge is $50 with a decreased charge of $25 accessible for sufferers who’re “indigent or a veteran” or for caregiver registration.
Medical situations specify illnesses or issues decided by every jurisdiction “that might permit a person to obtain entry to medical marijuana.” Two states — Oklahoma and Virginia — don’t specify an inventory of qualifying situations. The situations listed are largely comparable throughout the opposite states and broadly embrace situations akin to continual ache, most cancers therapy, psychiatric situations akin to nervousness, neurologic situations akin to a number of sclerosis, and nausea and vomiting. The checklist of qualifying situations is also used for deciding interstate registration reciprocity. For instance, Arizona, Delaware and Nevada acknowledge medical marijuana registration from different states for situations authorized of their states. In Kansas, H. Sub. for SB 158 and SB 315 embrace particular situations which might be much like these listed above and embrace reciprocal registration for sufferers enrolled of their residence state’s medical marijuana program who’ve a Kansas qualifying situation.
Possession “specifies the quantity of marijuana a affected person can possess with safety from prison penalties.” Jurisdictions quantify their possession limits by mass limits, time-based provide limits, or a combination of the 2. Of observe, California has no limits on possession when really helpful by a doctor. Within the 16 states that use solely a mass restrict, essentially the most generally allowed most is 2.5 ounces. The seven states that make the most of a time-based provide restrict mostly permit a 30-day provide with some permitting as much as a 90-day provide. Seventeen states use each mass and time to ascertain a possession restrict, akin to 2 ounces in 30 days in Vermont or 3 ounces in 14 days in North Dakota. To check these values extra evenly, KHI transformed them to ounces per day. There may be a variety of every day possession limits, with the biggest in Alaska and Montana (1 ounce per day), a restrict 588 occasions better than the smallest restrict in Alabama (0.0017 ounce per day). The median restrict is 0.14 ounce per day. In Kansas, H. Sub. for SB 158 and SB 315 each specify a 30-day provide possession restrict with no mass restrict.
The time period cultivation “signifies whether or not a jurisdiction permits certified sufferers or designated caregivers to plant, develop or harvest marijuana for medical use.” Eighteen of the states examined prohibit cultivation as a part of their medical marijuana applications. Of the remaining states, 15 have restrictions concerning cultivation. Probably the most frequent restriction is on the variety of marijuana crops a affected person or caregiver is allowed to domesticate — usually additional divided between mature and immature crops — with 12 complete crops as the most typical most. One other situation seen in three states facilities on accessibility of medical marijuana for sufferers, together with geographic exceptions for sufferers who stay greater than 25 miles from a dispensary or who extra typically have a “verified hardship in accessing a therapy heart.” Different situations for cultivation are used to extend security, with necessities for crops to be saved in an enclosed, locked location or registration for cultivation to be separate from registration within the state’s medical marijuana program. In H. Sub. for SB 158 and SB 315, the general language concerning cultivation licensing refers to industrial cultivation regulation. The part on affected person privileges in each payments doesn’t explicitly embrace or exclude permission for private cultivation.
Whereas particular person states have their very own specificities in every provision class, there are a lot of similarities. The provisions from different states examined on this version of A Kansas Twist are akin to the proposed Kansas Medical Marijuana Regulation Act and the Kansas Medical Marijuana Regulation Program outlined in 2021 H. Sub. for SB 158 and SB 315. Additional understanding the results of those provisions on social, financial and well being outcomes skilled in different states which have carried out complete medical marijuana legal guidelines may help Kansas policymakers as they make choices about medical marijuana laws.
*The tables depend on two major sources — the Network for Public Health Law (as of February 14, 2019) and the National Conference of State Legislatures (as of Could 18, 2021).
The Kansas Well being Institute helps efficient policymaking by nonpartisan analysis, schooling and engagement. KHI believes evidence-based data, goal evaluation and civil dialogue allow coverage leaders to be champions for a more healthy Kansas. Established in 1995 with a multiyear grant from the Kansas Well being Basis, KHI is a nonprofit, nonpartisan instructional group based mostly in Topeka.