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Session of 2025
HOUSE BILL No. 2354
By Committee on Judiciary
Requested by Representative Vaughn on behalf of Representative S. Ruiz
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AN ACT concerning crimes, punishment and criminal procedure; relating
to unlawful possession of controlled substances; providing an exception
for residents of Kansas who possess marijuana and are disabled
veterans with a valid medical marijuana card issued by any state;
amending K.S.A. 21-5706 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 21-5706 is hereby amended to read as follows: 21-
5706. (a) It shall be unlawful for any person to possess any opiates, opium
or narcotic drugs, or any stimulant designated in K.S.A. 65-4107(d)(1), (d)
(3) or (f)(1), and amendments thereto, or a controlled substance analog
thereof.
(b) It shall be unlawful for any person to possess any of the following
controlled substances or controlled substance analogs thereof:
(1) Any depressant designated in K.S.A. 65-4105(e), 65-4107(e), 65-
4109(b) or (c) or 65-4111(b), and amendments thereto;
(2) any stimulant designated in K.S.A. 65-4105(f), 65-4107(d)(2), (d)
(4), (d)(5) or (f)(2) or 65-4109(e), and amendments thereto;
(3) any hallucinogenic drug designated in K.S.A. 65-4105(d), 65-
4107(g) or 65-4109(g), and amendments thereto;
(4) any substance designated in K.S.A. 65-4105(g) and 65-4111(c),
(d), (e), (f) or (g), and amendments thereto;
(5) any anabolic steroids as defined in K.S.A. 65-4109(f), and
amendments thereto;
(6) any substance designated in K.S.A. 65-4113, and amendments
thereto; or
(7) any substance designated in K.S.A. 65-4105(h), and amendments
thereto.
(c) (1) Violation of subsection (a) is a drug severity level 5 felony.
(2) Except as provided in subsection (c)(3):
(A) Violation of subsection (b) is a class A nonperson misdemeanor,
except as provided in subparagraph (B); and
(B) violation of subsection (b)(1) through (b)(5) or (b)(7) is a drug
severity level 5 felony if that person has a prior conviction under such
subsection, under K.S.A. 65-4162, prior to its repeal, under a substantially
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similar offense from another jurisdiction, or under any city ordinance or
county resolution for a substantially similar offense if the substance
involved was 3, 4-methylenedioxymethamphetamine (MDMA), marijuana
as designated in K.S.A. 65-4105(d), and amendments thereto, or any
substance designated in K.S.A. 65-4105(h), and amendments thereto, or an
analog thereof.
(3) If the substance involved is marijuana, as designated in K.S.A.
65-4105(d), and amendments thereto, or tetrahydrocannabinols, as
designated in K.S.A. 65-4105(h), and amendments thereto, violation of
subsection (b) is a:
(A) Class B nonperson misdemeanor, except as provided in
subparagraphs (B) and (C);
(B) class A nonperson misdemeanor if that person has a prior
conviction under such subsection, under K.S.A. 65-4162, prior to its
repeal, under a substantially similar offense from another jurisdiction, or
under any city ordinance or county resolution for a substantially similar
offense; and
(C) drug severity level 5 felony if that person has two or more prior
convictions under such subsection, under K.S.A. 65-4162, prior to its
repeal, under a substantially similar offense from another jurisdiction, or
under any city ordinance or county resolution for a substantially similar
offense.
(d) It shall be an affirmative defense to prosecution under this section
arising out of a person's possession of:
(1) Any cannabidiol treatment preparation if the person:
(1)(A) Has a debilitating medical condition, as defined in K.S.A.
2024 Supp. 65-6235, and amendments thereto, or is the parent or guardian
of a minor child who has such debilitating medical condition;
(2)(B) is possessing a cannabidiol treatment preparation, as defined in
K.S.A. 2024 Supp. 65-6235, and amendments thereto, that is being used to
treat such debilitating medical condition; and
(3)(C) has possession of a letter, at all times while the person has
possession of the cannabidiol treatment preparation, that:
(A)(i) Shall be shown to a law enforcement officer on such officer's
request;
(B)(ii) is dated within the preceding 15 months and signed by the
physician licensed to practice medicine and surgery in Kansas who
diagnosed the debilitating medical condition;
(C)(iii) is on such physician's letterhead; and
(D)(iv) identifies the person or the person's minor child as such
physician's patient and identifies the patient's debilitating medical
condition; and
(2) marijuana, as designated in K.S.A. 65-4105(d), and amendments
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thereto, or tetrahydrocannabinols, as designated in K.S.A. 65-4105(h),
and amendments thereto, if the person:
(A) Is a resident of this state;
(B) is a disabled veteran; and
(C) has a valid medical marijuana card issued to such person by any
state.
(e) It shall not be a defense to charges arising under this section that
the defendant was acting in an agency relationship on behalf of any other
party in a transaction involving a controlled substance or controlled
substance analog.
(f) As used in this section, "disabled veteran" means a person who:
(1) Served in the active military, naval, air or space service and who
was discharged or released therefrom under an honorable discharge or a
general discharge under honorable conditions; and
(2) received a disability that was incurred or aggravated in the line
of duty in the active military, naval, air or space service.
Sec. 2. K.S.A. 21-5706 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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