Setting standards for patient and caregiver identification cards to ensure legal access to medical cannabis, establishing the Kansas medical cannabis agency within the department of health and environment and removing cannabis from the Kansas uniform controlled substances act.

Session of 2026
HOUSE BILL No. 2752
By Committee on Health and Human Services
Requested by Representative Fairchild
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AN ACT concerning health and healthcare; establishing the Kansas health
freedom act; setting standards for patient and caregiver identification
cards to ensure legal access to medical cannabis; requiring medical
providers to certify patients for medical cannabis use; protecting
patients' rights, including firearm ownership and non-disqualification
from medical care; establishing the Kansas medical cannabis agency
within the department of health and environment; creating a medical
cannabis tax fund for research and public health initiatives; ensuring
confidentiality of patient records; authorizing the expungement of
certain cannabis-related convictions; sealing of records related to
decriminalized offenses; removing cannabis from the Kansas uniform
controlled substances act; amending K.S.A. 21-5706 and 21-5709 and
K.S.A. 2025 Supp. 21-5701, 21-5705, 65-4101 and 65-4105 and
repealing the existing sections.
WHEREAS, findings of the United States department of justice, drug
enforcement administration, in the matter of docket no. 86‐22, marijuana
rescheduling petition, opinion and recommended ruling, finding of fact,
conclusions of law and decision of administrative law Judge Francis L.
Young stated, "Marijuana, in its natural form, is one of the safest
therapeutically active substances known to man. By any measure of
rational analysis marijuana can be safely used within a supervised routine
of medical care."; and
WHEREAS, The United States drug enforcement administration
proposed to change the status of cannabis under the controlled substances
act by moving it from schedule I to the less restrictive schedule III; and
WHEREAS, Congress has enacted appropriations legislation
prohibiting the United States department of justice from expending
appropriated funds to prevent states from implementing their own medical
cannabis law and issued guidance to United States attorneys indicating that
enforcement of the controlled substances act is not a priority when
individual patients and their medical care providers are in compliance with
state law and that federal prosecutors should defer to state and local
enforcement so long as a viable state regulatory scheme is in place; and
WHEREAS, Forty states, three territories and the district of Columbia
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HB 2752 2
allow the medical use of cannabis products; and
WHEREAS, More than 30 years of state-level policies provide a guide
related to the medical use of cannabis; and
WHEREAS, The American herbal pharmacopoeia and the American
herbal products association have developed qualitative standards for the
use of cannabis as a botanical medicine; and published a cannabis
monograph providing standards for its identity, purity, quality and
botanical properties; and
WHEREAS, The national institute of standards and technology and the
United States department of commerce have developed an integrated
measurement services program for forensic and cannabis testing
laboratories to help ensure the quality of routine analysis throughout the
cannabis industry; and
WHEREAS, Accredited educational curricula concerning the medical
use of cannabis have been established, which meet continuing medical
education requirements for practicing physicians; and
WHEREAS, President Donald J. Trump signed an executive order on
December 18, 2025, urging the United States health and human services
agency, department of justice and affiliated agencies to complete the
rescheduling process of transitioning cannabis from schedule I to schedule
III under the controlled substances act, acknowledging generations of
evidence proving therapeutic benefits of plant constituents and citing
burdens on industry businesses and investors and limitations against
research and development.
Now, therefore:
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Sections 1 through 10, and amendments thereto,
shall be known and may be cited as the Kansas health freedom act.
(b) The legislature of the state of Kansas declares that the Kansas
health freedom act is enacted pursuant to the police power of the state to
protect the health of Kansas citizens and that such police power is reserved
to the state of Kansas and its people under the 10 th amendment to the
Constitution of the United States.
New Sec. 2. As used in this act, unless the context requires otherwise:
(a) "Agency" means the Kansas medical cannabis agency.
(b) "Batch number" means a unique numeric or alphanumeric
identifier assigned prior to testing to allow inventory tracking and
traceability.
(c) (1) "Cannabis" or "marijuana" means all parts of all varieties of
the plant cannabis, whether growing or not, the seeds thereof, the resin
extracted from any part of the plant and every compound, manufacture,
salt, derivative, mixture or preparation of the plant, its seeds or resin.
(2) "Cannabis" or "marijuana" does not include the mature stalks of
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HB 2752 3
the plant, fiber produced from the stalks, oil or cake made from the seeds
of the plant, any other compound, manufacture, salt, derivative, mixture or
preparation of the mature stalks, except the resin extracted therefrom,
fiber, oil or cake or the sterilized seed of the plant that is incapable of
germination.
(d) "Cannabinoid" means any of the chemical compounds that are
active principles of cannabis.
(e) (1) "Caregiver" means the individual or entity, designated by a
patient with an identification card, that is able to cultivate a patient's
medical cannabis or purchase medical cannabis on the behalf of such
patient, who has consistently assumed responsibility for the housing,
health or safety of that patient or person and may include any of the
following:
(A) A licensed clinic, a licensed state governmental institution clinic,
a licensed health care facility, a licensed residential care facility for
persons with chronic life-threatening illness, a hospice or a licensed home
health agency, a licensed residential care facility for the elderly, the owner
or operator and any trained staff of a licensed clinic, facility hospice or
home health agency, group home, halfway house, if designated as a
caregiver by a patient; or
(B) an individual who has been designated as a caregiver by one or
more patients.
(2) A caregiver shall be at least 18 years of age, unless the caregiver
is the parent of a minor child who is a patient or the caregiver is a person
otherwise entitled to make medical decisions under state law, or it can be
proven to the agency that no other viable option for a caregiver is
available.
(f) "Certification" means a document given by a medical provider to a
patient that states that the patient has a condition or illness that meets the
guidelines of this act.
(g) "Department" means the department of health and environment.
(h) "Dispensary" means an entity that has been licensed by the
department pursuant to this act to:
(1) Purchase medical cannabis or medical cannabis products from a
licensed medical cannabis commercial grower or medical cannabis
manufacturer;
(2) sell medical cannabis or medical cannabis products to patients and
caregivers as defined under this act; or
(3) sell or transfer products to another dispensary.
(i) "Extract" is defined as the final product, derived by various
methods, of separating plant material from chemical compounds.
(j) "Entity" means an individual, general partnership, limited
partnership, limited liability company, trust, estate, association,
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HB 2752 4
corporation, cooperative or any other legal or commercial entity.
(k) "Identification card" means a document issued by the department
that identifies a person as a registered qualifying patient, registered
designated primary caregiver or employee of a registered dispensary.
(l) "Kansas resident" means an individual who can provide proof of
residency as required by this act.
(m) "Laboratory" means a public or private laboratory licensed
pursuant to this act to conduct testing and research on medical cannabis
and medical cannabis products.
(n) "Licensee" means any person or entity holding a license to
operate a dispensary, testing laboratory, cultivation facility or
manufacturing laboratory.
(o) "Licensed premises" means the premises specified in an
application for a medical cannabis business license pursuant to this act that
is owned or in possession of the licensee and within which the licensee is
authorized to cultivate, manufacture, distribute, sell, store, transport, test or
research medical cannabis or medical cannabis products in accordance
with the provisions of this act.
(p) "Manufacture" means the production, propagation, compounding
or processing of a medical cannabis product, excluding cannabis plants,
either directly or indirectly by extraction from substances of natural or
synthetic origin or independently by means of chemical synthesis or by a
combination of extraction and chemical synthesis.
(q) "Material change" means any change that would require a
substantive revision to the standard operating procedures of a licensee for
the cultivation or production of medical cannabis or medical cannabis
products.
(r) "Medical condition" means either a temporary disability or illness
caused by an injury or surgery or a permanent disability or illness that:
(1) Substantially limits the ability of the person to conduct one or
more major life activities as defined in the Americans with disabilities act
of 1990; or
(2) if not alleviated, may cause serious harm to the patient's safety,
physical or mental health.
(s) "Medical provider" means a physician, physician's assistant or an
advanced practice registered nurse who possesses a license in good
standing to practice medicine or osteopathy issued by the Kansas board of
healing arts or board of nursing and who has taken responsibility for an
aspect of the medical care, treatment, diagnosis, counseling or referral of a
patient and who has conducted a medical examination of that patient
before recording in the patient's medical record the physician's or
advanced practice registered nurse's assessment of whether the patient has
an illness or medical condition that meets the guidelines of this act.
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(t) (1) "Medical cannabis product" or "product" means a product that
contains cannabinoids that have been extracted from plant material or the
resin therefrom by physical or chemical means and is intended for
administration to a qualified patient including, but not limited to, oils,
tinctures, edibles, pills, topical forms, gels, creams, vapors, patches,
liquids and forms administered by a nebulizer.
(2) "Medical cannabis product" or "product" does not include
cannabis in the form of a live plant.
(u) "Medical use" means the acquisition, possession, use, delivery,
transfer or transportation of medical cannabis, medical cannabis products,
medical cannabis devices or paraphernalia relating to the administration of
medical cannabis to treat a licensed patient.
(v) "Owner" means a direct beneficial owner including, but not
limited to, all persons or entities as follows:
(1) All shareholders owning an interest of a corporate entity and all
officers of a corporate entity;
(2) all partners of a general partnership;
(3) all general partners and all limited partners that own an interest in
a limited partnership;
(4) all members that own an interest in a limited liability company;
(5) all beneficiaries that hold a beneficial interest in a trust and all
trustees of a trust;
(6) all persons or entities that own interest in a joint venture;
(7) all persons or entities that own an interest in an association;
(8) the owners of any other type of legal entity; and
(9) any other person holding an interest or convertible note in any
entity that owns, operates or manages a licensed facility.
(w) "Patient" means a person who has been diagnosed by a medical
provider as having a debilitating medical condition and as such is qualified
for coverage under the Kansas health freedom act, whether a temporary
disability or illness, due to injury or surgery or a permanent disability or
illness that substantially limits the ability of the person to conduct one or
more major life activities, as defined in the Americans with disabilities act
of 1990 or, if not alleviated, may cause serious harm to the patient's safety
or physical or mental health.
(x) "Package" or "packaging" means any container or wrapper that
may be used by a medical cannabis business to enclose or contain medical
cannabis.
(y) (1) "Person" means a natural person, partnership, association,
business trust, company, corporation, estate, limited liability company,
trust or any other legal entity or organization or a manager, agent, owner,
director, servant, officer or employee thereof.
(2) "Person" does not include any governmental organization.
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(z) "Private business information" means information that, if
disclosed, would give advantage to competitors or bidders including, but
not limited to, information related to the planning, site location,
operations, strategy or product development and marketing of an applicant,
unless approval for release of those records is granted by the business.
(aa) (1) "Research laboratory" means a person or entity approved
pursuant to this act to conduct medical cannabis research.
(2) "Research laboratory" does not include a medical cannabis
business.
(bb) "Revocation" means the final decision by the department that
any license issued pursuant to this act is rescinded because the individual
or entity does not comply with the applicable requirements set forth in this
act.
(cc) (1) "School" means a public or private preschool or a public or
private elementary or secondary school that is used for school classes and
instruction.
(2) "School" does not include a home school, daycare or child care
facility.
(dd) "Seed-to-sale tracking system" means a system that is used to
track the production, transportation, destruction and sales of legal medical
cannabis and medical cannabis products in a system, allowing regulatory
agencies to view reports in real time.
(ee) "Seedling" means a nonflowering plant grown from a seed or cut
or that was cloned from a mother plant and has shown no signs of
flowering.
(ff) "Testing laboratory" or "laboratory" means a public or private
laboratory licensed pursuant to this act, to conduct testing and research on
medical cannabis and medical cannabis products.
(gg) "Universal symbol" means the image established by the
department or Kansas medical cannabis compliance agency and made
available to licensees through the department's or agency's website
indicating that the medical cannabis or the medical cannabis product
contains tetrahydrocannabinol.
New Sec. 3. (a) The purpose of this section is to set forth general
standards and requirements for the issuance of patient and caregiver
identification cards. It is the intent of the legislature for this section to
provide unimpeded and legal access to patients and to prevent the
diversion of medical cannabis to the illicit market.
(b) The agency shall develop such forms, certificates, licenses,
identification cards and applications as necessary for the administration of
this section, including, but not limited to:
(1) An application fee and a renewal fee in an amount of not to
exceed $25. Such fees shall be waived for patients on disability or state
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HB 2752 7
insurance. The agency shall not issue an identification card to a patient
who is younger than 18 years of age unless such issuance is recommended
by two medical providers; and
(2) requiring the custodial parent or legal guardian with responsibility
for health care decisions for the minor patient to be the minor patient's
licensed caregiver.
(c) An identification card or the equivalent thereof that is issued
under the laws of another state, district, territory, commonwealth or insular
possession of the United States that allows, verifiable by the jurisdiction of
issuance, a visiting patient to possess medical cannabis for medical
purposes, shall have the same force and effect as an identification card
issued by the agency.
(d) Applicants may appeal rejections to the agency for review. The
agency's rejection of an application or renewal shall be considered a final
department action, subject to judicial review. All administrative
proceedings shall be subject to the Kansas administrative procedure act.
(e) Failure to comply with any rules and regulations adopted pursuant
to this act may result in administrative penalties and revocation of license.
(f) The agency shall not have the authority to apply or enforce any
rule or regulation that would impose an undue burden on any one or more
licensees or certificate holders, any qualifying patients or act to undermine
the purposes of this section.
New Sec. 4. (a) The purpose of this section is to set forth general
standards and requirements and prohibit any medical provider from being
punished or denied any right or privilege for having recommended medical
cannabis to a patient for medical therapeutic use. The legislature intends
the guidelines in this section to help maintain the integrity of Kansas
medical providers recommending medical cannabis.
(b) The agency shall adopt rules and regulations to establish
standards for licensed medical providers, including, but not limited to:
(1) Certifying that medical providers do not have an ownership level
with a licensed medical cannabis dispensary; and
(2) requiring medical providers to certify that a patient has an illness
or medical condition.
(c) A medical provider shall not be subject to arrest, prosecution or
penalty in any manner or denied any right or privilege, including, but not
limited to, civil penalty or disciplinary action by the state board of healing
arts or by any other occupational or professional licensing board or bureau,
solely for providing written certifications or otherwise stating that, in the
medical provider's professional opinion, a patient is likely to receive
therapeutic benefit from the medical use of medical cannabis to treat or
alleviate the patient's medical condition or conditions or symptoms
associated with the medical condition.
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HB 2752 8
(d) Nothing in the Kansas health freedom act shall prevent a
professional licensing board from sanctioning a medical provider for
failing to properly evaluate a patient's medical condition or otherwise
violating the standard of care for evaluating medical conditions.
New Sec. 5. (a) There is hereby established within the department of
health and environment the Kansas medical cannabis agency. The
department shall provide support staff to perform designated duties of the
agency.
(b) The department shall also provide office space for meetings of the
agency.
(c) The agency shall hold quarterly public meetings to gather public
feedback. The agency shall adopt rules and regulations and guidelines
relating to how such quarterly public meetings shall be conducted.
(d) The agency shall:
(1) Establish all guidelines regarding:
(A) Licensing, applications, security, testing, transportation, research;
(B) the receipt, storage, packaging, labeling, handling,
manufacturing, tracking and dispensing of products containing medical
cannabis;
(C) public health policy and public safety policy;
(D) agronomic, horticultural, sustainable energy and water usage best
practices; and
(E) medical and pharmacopoeia best practices;
(2) contract with third-party vendors and other governmental entities
in order to carry out the respective duties and functions as specified in this
act;
(3) upon complaint or upon the agency's own motion and upon a
completed investigation, levy fines as prescribed in this act and suspend or
revoke licenses pursuant to this act;
(4) issue subpoenas for the appearance or production of persons,
records and things in connection with disciplinary or contested cases
considered by the department;
(5) apply for injunctive or declaratory relief to enforce the provisions
of this act and any rules and regulations adopted pursuant to this section;
(6) inspect and examine, with notice provided in accordance with this
act, all licensed premises;
(7) work with the Kansas state banking commissioner, department of
commerce and the state treasurer to develop good practices and standards
for banking and finance for medical cannabis businesses;
(8) establish internal control procedures for licenses including
accounting procedures, reporting procedures and personnel policies;
(9) establish a fee schedule and collect fees for performing criminal
history record checks required under this act in an amount of not to exceed
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HB 2752 9
the actual cost incurred for each background check;
(10) require verification for sources of finance for licensees; and
(11) establish procedures and guidelines for:
(A) Adverse event reporting and tracking;
(B) product recall reporting and tracking; and
(C) complaints reporting and tracking.
(e) The agency, in conjunction with the department, shall employ an
executive director and other personnel as necessary to assist the
compliance agency in carrying out its duties.
(f) The agency shall not employ an individual if any of the following
circumstances exist:
(1) The individual has a direct or indirect interest in a licensed
medical cannabis business; or
(2) the individual or the individual's spouse, parent, child, spouse of a
child, sibling or spouse of a sibling has an application for a medical
cannabis business license pending before the department or is a member of
the board of directors of a medical cannabis business or is an individual
financially interested in any licensee or medical cannabis business.
(g) All officers and employees of the agency shall be in the exempt
unclassified service as provided for in K.S.A. 75-2935, and amendments
thereto.
(h) The director may delegate to any officer or employee of the
department any of the powers of the executive director and may designate
any officer or employee of the department to perform any of the duties of
the executive director.
(i) The department shall create employment positions necessary for
the implementation of its obligations pursuant to this act, including, but
not limited to, agency investigators and a senior agency director. The
department and the agency, the senior director, the executive director and
Kansas department of health and environment investigators shall have all
the powers of any peace officer to:
(1) Investigate violations or suspected violations of this act and any
rules promulgated pursuant thereto;
(2) serve all warrants, summonses, subpoenas, administrative
citations, notices or other processes relating to the enforcement of laws
regulating medical cannabis and medical cannabis product;
(3) assist or aid any law enforcement officer in the performance of
such law enforcement officer's duties upon such law enforcement officer's
request or the request of other local officials having jurisdiction;
(4) require any licensee, upon 24 hours' notice to permit an inspection
of licensed premises during business hours or at any time of apparent
operation, cannabis equipment and cannabis accessories or books and
records and to permit the testing of or examination of medical cannabis or
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HB 2752 10
medical cannabis product; and
(5) require applicants to submit complete and current applications,
information required by this act and fees and approve material changes
made by the applicant or licensee.
(j) The department shall address issues related to the medical
cannabis program in Kansas including, but not limited to, monitoring and
disciplinary actions as they relate to the medical cannabis program.
(1) The department or the department's designee may perform on-site
assessments of a licensee or applicant for any medical cannabis business
license issued pursuant to this act to determine compliance with this act or
submissions made pursuant to this section. The department may enter the
licensed premises of a medical cannabis business licensee or applicant to
assess or monitor compliance.
(2) Inspections shall be limited to twice per calendar year and 24
hours' of notice shall be provided to a medical cannabis business applicant
or licensee prior to an on-site assessment. Additional inspections may
occur when the department shows that an additional inspection is
necessary due to a violation of this act. Such inspection may be without
notice if the department believes that such notice will result in the
destruction of evidence.
(3) The department may review relevant records of a licensee and
may require and conduct interviews with such persons or entities affiliated
with such entities, for the purpose of determining compliance with
department requirements and applicable laws. However, prior to
conducting any interviews with the licensee, such licensee shall be
afforded sufficient time to secure legal representation during such
questioning if requested by such licensee or any of its agents or employees
or contractors.
(4) The department shall refer complaints alleging criminal activity
that are made against a licensee to appropriate Kansas state or local law
enforcement authorities.
(A) Disciplinary action may be taken against an applicant or licensee
under this act for not adhering to the law pursuant to the terms, conditions
and guidelines set forth in this act.
(B) Disciplinary actions may include revocation, suspension or denial
of an application, license or final authorization and other action deemed
appropriate by the department.
(C) Disciplinary actions may be imposed upon a licensee for:
(i) Failure to comply with or satisfy any provision of this section;
(ii) falsification or misrepresentation of any material or information
submitted to the department;
(iii) failing to allow or impeding a monitoring visit by authorized
representatives of the department;
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HB 2752 11
(iv) failure to adhere to any acknowledgement, verification or other
representation made to the department;
(v) failure to submit or disclose information required by this section
or otherwise requested by the department;
(vi) failure to correct any violation of this section cited as a result of a
review or audit of financial records or other materials;
(vii) failure to comply with requested access by the department to the
licensed premises or materials;
(viii) failure to pay a required monetary penalty;
(ix) diversion of medical cannabis or any medical cannabis product,
as determined by the department; or
(x) threatening or harming a patient, a medical practitioner or an
employee of the department.
(k) Disciplinary actions against a licensee may include the imposition
of monetary penalties, which may be assessed by the department.
(l) (1) Penalties for sales by dispensary to persons other than those
allowed by law occurring within any two year time period may include an
initial fine of $1,000.00 for a first violation and a fine of $5,000.00 for any
subsequent violation. The dispensary may be subject to a revocation of any
license granted pursuant to this act upon a showing that the violation was
willful or grossly negligent.
(2) First offense for intentional and impermissible diversion of
medical cannabis or medical cannabis products by a patient or caregiver to
an unauthorized person shall not be punished under a criminal statute but
may be subject to a fine of $2,000.00.
(3) The second offense for intentional and impermissible diversion of
medical cannabis or medical cannabis products by a patient or caregiver to
an unauthorized person shall not be punished under a criminal statute but
may be subject to a fine of not to exceed $5,000.00 and may result in
revocation of the license upon a showing that the violation was willful or
grossly negligent.
(m) A licensee whose license has been summarily suspended or who
has received a notice of contemplated action to suspend or revoke a license
or take other disciplinary action may request a hearing in accordance with
the Kansas administrative procedure act.
(n) It shall be a class B misdemeanor for any person, including an
employee or official of the agency or another state agency or local
government, to breach the confidentiality of information obtained pursuant
to this act.
(o) (1) The agency shall maintain pages on the department website:
(A) To house information for the public on the act; and
(B) to facilitate implementation of the act.
(2) Information to be included, either by text or link, may include, but
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HB 2752 12
shall not be limited to:
(A) Medical provider search;
(B) caregiver search;
(C) dispensary search;
(D) customer service phone number and email;
(E) information and contacts for the appeals process;
(F) electronic application forms; and
(G) electronic crop damage report form including a portal to upload
documents and pictures.
(p) All electronic forms for licensees and any other forms as required
by the agency.
(q) The agency shall adopt rules and regulations concerning the
storage of, warehouses for and transportation of medical cannabis and
medical cannabis products.
(r) The agency shall develop a universal symbol indicating the
package contains medical cannabis.
(s) The agency shall establish a seed to sale tracking system to be
utilized by licensees.
(t) The inventory tracking system licensees use shall allow for
integration of other seed-to-sale systems and, at a minimum, shall include
the following:
(1) Notification of when medical cannabis seeds are planted;
(2) notification of when medical cannabis plants are harvested and or
destroyed;
(3) notification of when medical cannabis is transported, sold, stolen,
diverted or lost;
(4) a complete inventory of all medical cannabis, seeds, plant tissue,
seedlings, plants, usable medical cannabis or trim, leaves and other plant
matter, batches of extract and medical cannabis concentrates and medical
cannabis products; and
(5) all samples sent to a testing laboratory, an unused portion of a
sample returned to a licensee, all samples utilized by licensee for purposes
of negotiating a sale and all samples used for quality testing by a licensee.
(u) Each licensee shall use a seed-to-sale tracking system enacted by
the Kansas medical cannabis agency.
(v) The agency shall require that each licensee keep records for every
transaction with another licensee, patient or caregiver. Inventory shall be
tracked and updated after each individual sale and reported to the agency.
These records shall include, but not be limited to, the following:
(1) The name and license number of the medical cannabis business
that cultivated, manufactured or sold the medical cannabis or medical
cannabis product;
(2) the address and phone number of the medical cannabis business
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that cultivated, manufactured or sold the medical cannabis or medical
cannabis product;
(3) the type of product received during the transaction;
(4) the batch number of the medical cannabis plant used;
(5) the date of the transaction;
(6) the total spent in dollars;
(7) all point-of-sale records;
(8) tax records; and
(9) any additional information as may be required by the agency.
(w) All inventory tracking records containing patient information
shall comply with all relevant state and federal laws including this act and
shall not be retained by any business for more than sixty days.
(x) The agency shall establish a medical cannabis patient and
caregiver registry.
(1) The medical cannabis patient and caregiver registry shall be
accessible to Kansas-licensed medical cannabis dispensaries to verify the
license of a patient or caregiver by the 20-digit alphanumeric
identification.
(2) All records regarding a medical cannabis patient and caregiver
licensee shall be maintained by the compliance agency and shall be
deemed confidential. Such records shall be marked as confidential, shall
not be made available to the public and shall only be made available to the
licensee, designee of the licensee, any medical provider of the licensee or
the caregiver of the licensee. No personally identifiable information, as
defined under HIPAA, shall be stored at the department.
(3) A log shall be kept with the file of the patient and caregiver
licensee to record any event in which the records of the licensee were
made available and to whom the records were provided.
(4) The department shall ensure that all application records and
information are sealed to protect the privacy of medical cannabis patient
and caregiver license applicants.
(5) (A) (i) An application or renewal and supporting information
submitted by a patient and caregiver under the provisions of this act
including, without limitation, information regarding the medical provider
of the qualifying patient shall be considered confidential medical records
that are exempt from the Kansas open records act.
(ii) The dispensary records with patient and caregiver information
shall be treated as confidential records that are exempt from the Kansas
open records act.
(iii) All financial information provided by an applicant in the
applicant's application to the agency shall be treated as confidential
records that are exempt from the Kansas open records act.
(iv) All information provided by an applicant that constitutes private
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business information shall be treated as confidential records that are
exempt from the Kansas open records act.
(B) The provisions of this subsection shall expire on July 1, 2031,
unless the legislature reviews and acts to continue such provisions
pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1, 2031.
(6) Kansas medical cannabis agency staffers shall not be excluded
from employment due to any offense consisting of conduct for which this
act would have prevented a conviction, but the conduct either occurred
prior to the enactment of this act or was prosecuted by an authority other
than the state of Kansas, whether as a patient or caregiver.
New Sec. 6. The agency shall adopt rules and regulations for all
aspects of the licensing, application, security, testing, transportation,
research and procedures related to the receipt, storage, packaging, labeling,
handling, manufacturing, tracking and dispensing of products containing
medical cannabis. The agency shall not license any facility that is not
owned by two-thirds Kansas residents. Nothing in this act shall prevent
municipalities from enacting zoning regulations to limit the location of
medical cannabis facilities.
New Sec. 7. (a) Notwithstanding any other law to the contrary, it shall
be unlawful to subject a person to the seizure and forfeiture of such
person's property on the basis that a patient uses medical cannabis as a
medical treatment or such person is a family member living with such
patient, is the patient's caregiver, is the patient's medical provider, is the
individual who provided medical cannabis to the patient or otherwise
lawfully participated in the medical cannabis program
(b) The presence of cannabinoid metabolites in a person's bodily
fluids, nor conduct related to the use of medical cannabis by a custodial or
noncustodial parent, grandparent or legal guardian shall not form the sole
or primary basis for any action or proceeding by a child welfare agency,
family or juvenile court.
(c) Patients protected under this act shall not be disqualified from any
medical care, including organ transplants. A patient's medical care
pursuant to this act shall not be restricted and shall be available in any
environment where other medications are allowed.
(d) A patient's medical use of medical cannabis shall not constitute
the use of an illicit substance and shall not constitute a violation of a
patient's probation or parole.
(e) This act shall in no way impede the rights of indigenous peoples.
(f) A patient or caregiver shall not be denied the right to own,
purchase or possess a firearm, ammunition or firearm accessories based
solely on his or her status as a patient or caregiver. No state or local
agency, municipal or county governing authority shall restrict, revoke,
suspend or otherwise infringe upon the right of a person to own, purchase
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or possess a firearm, ammunition or firearm accessories or any related
firearms license or certification based solely on such person's status as a
patient or caregiver
(g) Medical cannabis patients shall be protected from warrantless
medical record searches. This protection shall extend to entities working in
ancillary capacities, such as training and education, professional
development, public relations, packaging and related fields.
(h) When a state or locally law enforcement agency encounters a
patient in the course of an investigation, such law enforcement agency
shall not provide any identifying information to any federal or out-of-state
law enforcement authority that does not recognize the protection of the
Kansas health freedom act.
(i) Card holding, non-resident, patients from other states shall be
allowed, pursuant to this act, to purchase, possess and use medical
cannabis while in the state of Kansas.
(j) If the department fails to adopt temporary or permanent rules and
regulations on or before December 31, 2026, a patient, patient caregiver or
entity may commence an action in a court of competent jurisdiction to
compel the department to perform the actions mandated pursuant to the
provisions of this act.
(k) If the agency fails to issue a valid identification card in response
to a valid application or renewal submitted pursuant to this act within 30
business days of submission, a copy of the patient's application or renewal
application, coupled with the receipt, shall be deemed a valid identification
card.
(l) If at any time after the 180 business days following the effective
date of the Kansas health freedom act, the department is not accepting
patient applications, including if it has not created rules and regulations
allowing patients to submit applications, a certification letter from their
medical provider shall be deemed a valid identification card.
(m) A medical cannabis patient or caregiver shall not be denied
eligibility in public assistance programs including, but not limited to,
medicaid, the supplemental nutrition assistance program, the women,
infants and children nutrition program, temporary assistance for needy
families or other such public assistance programs based solely on his or
her status as a medical cannabis patient or caregiver, unless required by
federal law.
(n) A government medical assistance program shall not be required to
reimburse a person for costs associated with the medical use of cannabis
unless federal law requires reimbursement.
(o) (1) Impaired drivers shall not be protected by this act while
operating, navigating or being in actual physical control of any motor
vehicle, school bus, public transport, aircraft or motorboat. However, the
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presence of metabolites shall not automatically denote impairment.
(2) Educational outreach materials to prevent driving while impaired
shall be posted on the agency website and made available to dispensaries,
including printable information, instructional videos and educational
materials.
(p) No registered patient may smoke medical cannabis on the grounds
of any school.
(1) Juvenile registered patients receiving medication from the school
nurse, a parent or a caregiver may receive medication on school grounds.
(2) Post secondary patients shall not be impeded from medicating
either individually or by the facilitation of such patient's caregiver on
school grounds as long as the delivery method does not violate this act.
(3) Juvenile and post secondary patients shall not be impeded from
participation in any extracurricular activities or regular school activities
solely because such persons are patients. School personnel may administer
cannabis that is obtained for medical use pursuant to this act by a student
who is a qualified patient.
(q) No patient may smoke medical cannabis in any and all places
where tobacco smoking is prohibited.
New Sec. 8. The agency shall adopt rules and regulations for all
aspects of patient possession and acquisition. The agency may set a limit
on the amount of marijuana that may be possessed or purchased by or on
behalf of a single qualifying patient in a thirty-day period, provided that
limit is not less than four ounces of dried, unprocessed cannabis or its
equivalent. Any such limit shall not apply to a qualifying patient with
written certification from two independent physicians that there are
compelling reasons why the qualifying patient needs a greater amount than
the limit established by the agency.
New Sec. 9. (a) There is hereby established in the state treasury the
medical cannabis tax fund. All moneys credited to the medical cannabis
tax fund shall be expended or transferred only for the purposes and in the
manner provided by this section. All expenditures from the medical
cannabis tax fund shall be made in accordance with appropriation acts for
the financing of the administration of this act and the remaining
unencumbered balance shall be allocated for medical cannabis research,
public health, mental health, telehealth initiatives, substance abuse, K-12
school health, substance abuse prevention and mental health programs,
broadband or high speed internet connectivity initiatives and property tax
relief for those 60 years of age and older.
(b) The fund shall be a continuing fund, not subject to fiscal year
limitations and shall consist of all monies received by the department from
fees and fines collected pursuant to this act and all monies received by the
Kansas department of revenue from tax proceeds collected per this act. All
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HB 2752 17
monies accruing to the credit of the fund are hereby appropriated and may
be budgeted and expended by the department for the purposes set forth in
this act. Expenditures from the fund shall be made upon warrants issued by
the state treasurer against claims filed as prescribed by law with the
director of the department of administration for approval and payment.
New Sec. 10. (a) There is hereby levied a tax at the rate of 4% on the
gross receipts from the sale of medical cannabis and medical cannabis
products by any dispensary.
(b) The tax imposed by this section shall be paid by the patient to the
dispensary. It shall be the duty of each licensee subject to this section to
collect from the patient the full amount of such tax, or an amount equal as
nearly as possible or practicable to the average equivalent thereto. Each
dispensary collecting the tax imposed hereunder shall be responsible for
paying over the same to the department of revenue in the manner
prescribed by this section and the department of revenue shall administer
and enforce the collection of such tax.
(c) The taxes levied and collected pursuant to this section shall
become due and payable monthly, or on or before the 25th day of the month
immediately succeeding the month in which such tax is collected, except
that any cannabis business filing an annual or quarterly return under the
Kansas retailers' sales tax act, as prescribed in K.S.A. 79-3607, and
amendments thereto, shall, upon such conditions as the secretary of
revenue may prescribe, pay the tax required by this section on the same
basis and at the same time the dispensary pays such retailers' sales tax.
Each dispensary shall make a true report to the department of revenue, on
a form prescribed by the secretary of revenue, providing such information
as may be necessary to determine the amounts to which any such tax shall
apply for all gross receipts derived from the sale of medical cannabis and
medical cannabis products for the applicable month or months, which
report shall be accompanied by the tax disclosed thereby. Records of gross
receipts derived from the sale of medical cannabis and medical cannabis
products shall be kept separate and apart from the records of other retail
sales made by a dispensary in order to facilitate the examination of books
and records.
(d) The secretary of revenue or the secretary's authorized
representative shall have the right at all reasonable times during business
hours to make such examination and inspection of the books and records
of a dispensary as may be necessary to determine the accuracy of such
reports required by this section.
(e) The secretary of revenue is hereby authorized to administer and
collect the tax imposed under this section and to adopt such rules and
regulations as may be necessary for the efficient and effective
administration and enforcement of the collection thereof. Whenever any
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HB 2752 18
dispensary liable to pay the tax imposed by this section refuses or neglects
to pay the same, the amount, including any penalty, shall be collected in
the manner prescribed for the collection of the retailers' sales tax by K.S.A.
79-3617, and amendments thereto.
(f) The secretary of revenue shall remit all revenue collected under
the provisions of this section to the state treasurer in accordance with the
provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
each such remittance, the state treasurer shall deposit such amount in the
state treasury to the credit of the medical cannabis tax fund established
pursuant to section 8, and amendments thereto.
(g) Whenever, in the judgment of the secretary of revenue, it is
necessary, in order to secure the collection of any tax, penalties or interest
due, or to become due, under the provisions of this section the secretary
may require any person subject to such tax to file a bond with the director
of taxation under conditions established by and in such form and amount
as prescribed by rules and regulations adopted by the secretary.
(h) The amount of tax imposed by this section shall be assessed
within three years after the return is filed, and no proceedings in court for
the collection of such taxes shall be initiated after the expiration of such
period except in the cases of fraud. In the case of a false or fraudulent
return with intent to evade tax, the tax may be assessed or a proceeding in
court for collection of such tax may be initiated at any time, within two
years from the discovery of such fraud. No refund or credit shall be
allowed by the director after three years from the date of payment of the
tax as provided in this section unless before the expiration of such period a
claim therefor is filed by the taxpayer. No suit or action to recover on any
claim for refund shall be commenced until after the expiration of six
months from the date of filing a claim therefor with the director. Before
the expiration of time prescribed in this section for the assessment of
additional tax or the filing of a claim for refund, the director is hereby
authorized to enter into an agreement in writing with the taxpayer
consenting to the extension of the periods of limitations for the assessment
of tax or for the filing of a claim for refund, at any time prior to the
expiration of the periods of limitations. The period so agreed upon may be
extended by subsequent agreements in writing made before the expiration
of the period previously agreed upon.
(i) On or before the 25th day of each calendar month, every dispensary
subject to the provisions of this section shall make a return to the director
of taxation upon forms prescribed and furnished by the director, stating:
(1) The name and address of the dispensary;
(2) the total amount of gross sales subject to the tax imposed by this
section during the preceding calendar month; and
(3) any other pertinent information the director requires.
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HB 2752 19
(j) At the time of making the return, the person making the return
shall pay to the director of taxation the amount of tax levied by this section
as applicable to the person submitting the return. The director of taxation
may extend the time for submitting returns and paying the tax for any
period not to exceed 60 days, under rules and regulations adopted by the
secretary of revenue.
(k) If any taxpayer fails to pay the tax levied by this section at the
time required by or under the provisions of this section there shall be
added to the unpaid balance of the tax, interest at the rate per month
prescribed by K.S.A. 79-2968(a), and amendments thereto, from the date
the tax was due until paid.
(l) If any taxpayer due to negligence or intentional disregard fails to
file a return or pay the tax due at the time required by or under the
provisions of this section there shall be added to the tax a penalty in an
amount equal to 10% of the unpaid balance of tax due.
(m) If any person fails to make a return, or to pay any tax, within six
months from the date the return or tax was due, except in the case of an
extension of time granted by the secretary of revenue or the secretary's
designee, there shall be added to the tax due a penalty equal to 25% of the
unpaid balance of such tax due.
(n) If any taxpayer fails to file a return or pay the tax that is due at the
time required by or under the provisions of this section there shall be
added to the tax an additional amount equal to 1% of the unpaid balance of
the tax due for each month or fraction thereof during which such failure
continues, not exceeding 24% in the aggregate, plus interest at the rate
prescribed by K.S.A. 79-2968(a), and amendments thereto, from the date
the tax was due until paid. Notwithstanding the foregoing, in the event an
assessment is issued following a field audit for any period for which a
return was filed by the taxpayer and all of the tax was paid pursuant to
such return, a penalty shall be imposed for the period included in the
assessment in an amount of 1% per month not exceeding 10% of the
unpaid balance of tax due shown in the notice of assessment. If, after
review of a return for any period included in the assessment, the secretary
or secretary's designee determines that the underpayment of tax was due to
the failure of the taxpayer to make a reasonable attempt to comply with the
provisions of this section such penalty shall be imposed for the period
included in the assessment in the amount of 25% of the unpaid balance of
tax due.
(o) If any taxpayer, with fraudulent intent, fails to pay any tax or
make, render or sign any return, or to supply any information, within the
time required by or under the provisions of this section there shall be
added to the tax a penalty in an amount equal to 50% of the unpaid balance
of tax due.
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(p) Penalty or interest applied under the provisions of subsections (k)
and (n) shall be in addition to the penalty added under any other provisions
of this section, but the provisions of subsections (l) and (m) shall be
mutually exclusive of each other.
(q) Whenever the secretary of revenue or the secretary's designee
determines that the failure of the taxpayer to comply with the provisions of
subsections (l) and (m) was due to reasonable causes, the secretary or the
secretary's designee may waive or reduce any of the penalties and may
reduce the interest rate to the underpayment rate prescribed and
determined for the applicable period under section 6621 of the federal
internal revenue code as in effect on January 1, 2026, upon making a
record of the reasons therefor.
(r) In addition to all other penalties provided by this section, any
person who willfully fails to make a return or to pay any tax levied by this
section who makes a false or fraudulent return, fails to keep any books or
records necessary to determine the accuracy of the person's reports, who
willfully violates any regulations of the secretary of revenue, for the
enforcement and administration of this section, who aids and abets another
in attempting to evade the payment of any tax levied by this section or
who violates any other provision of this section, shall, upon conviction
thereof, be fined not less than $100 nor more than $1,000, be imprisoned
in the county jail not less than one month nor more than six months, or be
both so fined and imprisoned, in the discretion of the court.
(s) The director of taxation or the secretary of health and environment
may enjoin any person from engaging in business as a dispensary when the
dispensary is in violation of any of the provisions of this section and shall
be entitled in any proceeding brought for that purpose to have an order
restraining the person from engaging in business as a cannabis business.
No bond shall be required for any such restraining order or for any
temporary or permanent injunction issued in that proceeding.
(t) If a dispensary violates any of the provisions of this section, the
secretary of health and environment may suspend or revoke the license of
such dispensary or may impose a civil fine on such dispensary.
(u) The provisions of K.S.A. 75-5133, 79-3605, 79-3609, 79-3610,
79-3611, 79-3612, 79-3613, 79-3615, 79-3617 and 79-3619, and
amendments thereto, relating to enforcement, collection and
administration, insofar as practicable, shall have full force and effect with
respect to taxes levied by this section. As used in such statutes and applied
to this section, "director" means the director of taxation. The provisions of
K.S.A. 74-2422, 74-2425, 74-2426 and 74-2427, and amendments thereto,
relating to the approval of rules and regulations, and the adoption of
uniform rules and regulations for such hearings and for appeals from
orders of the director of taxation and prescribing the duties of county
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attorneys with respect to such appeals, insofar as practicable, shall have
full force and effect with respect to taxes levied by, and proceedings under,
the provisions of this section.
(v) Whenever the secretary issues a dispensary license, the secretary
shall promptly notify the director of taxation of such issuance. The notice
shall include the name of the licensee and the address of the licensed
premises. Whenever the secretary revokes or suspends any such license or
whenever any such license expires, the secretary shall likewise notify the
director of taxation.
(w) The director of taxation shall administer the provisions of this
section and the secretary of revenue shall adopt rules and regulations
necessary to carry out the provisions and intent of this section. The
director of taxation shall appoint such agents and employees as the
secretary may deem necessary for the proper enforcement and
administration of such sections. When, in the judgment of the director of
taxation, it is necessary in order to secure the collection of any such tax,
penalties or interest due thereon, or to become due under such sections, the
director may require any person subject to such tax to file a bond with the
director in such form and amount as the director may prescribe.
New Sec. 11. (a) The agency, with the aid of the Kansas department
of administration, shall develop a website for license applications.
(b) All applicants for a dispensary license, laboratory license or other
license that is authorized by this act shall undergo a state criminal record
history background check pursuant to K.S.A. 2025 Supp. 22-4714, and
amendments thereto, within thirty days prior to the application for the
license, including:
(1) Individual applicants applying on their own behalf;
(2) individuals applying on behalf of an entity;
(3) all principal officers of an entity; and
(4) all owners of an entity.
(c) All applicable fees charged by Kansas bureau of investigation are
the responsibility of the applicant and shall not be higher than fees charged
to any other person or industry for such background checks.
(d) In order to be considered a Kansas resident for purposes of a
medical cannabis business application, all applicants shall provide proof of
Kansas residency for at least two years.
(e) Approved applicants shall be issued a medical cannabis business
license for the specific category applied under which shall act as proof of
their approved status.
New Sec. 12. (a) A person arrested for, charged with or convicted of a
criminal offense pursuant to Kansas statute or district or municipal code
that was decriminalized or legalized after the date of the arrest, charge or
conviction may file a motion of expungement to seal the record of the
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arrest, charge, conviction, supervision and related proceedings at any time
with no fee.
(b) The convicting court shall grant a motion of expungement and
seal the cannabis-related charge and not any other non-cannabis or non-
cannabis use related state, municipal or federal charges or convictions
against the person.
(c) In a motion filed under subparagraph (a), the burden shall be on
the prosecutor to establish by a preponderance of the evidence that the
record is not eligible for sealing pursuant to this section because the
conduct was not decriminalized or legalized.
(d) In cases that do not meet the requirements of this section, the
court of charge may grant a motion to seal if it is in the interest of justice
to do so. In making this determination, the court shall weigh:
(1) The interests of the petitioner in sealing the publicly available
records of such petitioner's arrest, charge, conviction, supervision and
related proceedings;
(2) the community's interest in retaining access to those records;
(3) the community's interest in furthering the petitioner's
rehabilitation and enhancing the petitioner's employability; and
(4) any other information such court considers relevant.
(e) If the court grants a motion to seal under this section:
(1) The court shall order the prosecutor, any law enforcement agency
and any pretrial, corrections or community supervision agency to remove
from publicly available records all references that identify the petitioner as
having been arrested, prosecuted or convicted.
(2) The prosecutor's office, any law enforcement agency and any
pretrial, corrections or community supervision agency shall be entitled to
retain records related to the petitioner's arrest, prosecution, conviction or
related court proceedings in a nonpublic file.
(3) The prosecutor, any law enforcement agency and any pretrial,
corrections or community supervision agency shall file a certification with
the court within 90 days after the court issues an order under this section
that, to the best of such court's knowledge and belief, all references that
identify the petitioner as having been arrested, prosecuted or convicted
have been removed from such court's publicly available records.
(4) The court shall order the clerk to remove or eliminate all publicly
available court records that identify the petitioner as having been arrested,
prosecuted or convicted.
(5) The clerk shall be entitled to retain any records related to the
petitioner's arrest, prosecution, conviction or related court proceedings in a
nonpublic file.
(f) In a case involving codefendants in which the court orders the
petitioner's records sealed, the court may order that only those records or
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portions thereof related solely to the petitioner be redacted.
(g) The court need not order the redaction of references to the
petitioner that appear in a transcript of court proceedings involving
codefendants.
(h) The court shall not order the redaction of the petitioner's name
from any published opinion of the trial or appellate courts that refer to the
petitioner.
(i) Unless otherwise ordered by the court, the clerk and any other
agency shall reply in response to inquiries from the public concerning the
existence of records that have been sealed pursuant to this section that no
records are available.
(j) No person as to whom relief pursuant to this section has been
granted shall be held thereafter under any provision of law to be guilty of
perjury or otherwise giving a false statement by reason of failure to recite
or acknowledge such person's own arrest, charge, trial or conviction in
response to any inquiry made of such person for any purpose.
(k) A person imprisoned solely as a result of one or more convictions
for offenses that are expunged under this act shall be released from
incarceration upon the issuance of an order under this subsection.
(1) The department of corrections shall allow a person to use the
established access and review process for verifying such person's own
records related to eligibility.
(2) No conviction vacated pursuant to this section shall serve as the
basis for damages for time unjustly served.
(l) A person's right to expunge an expungeable offense shall not be
limited under this section. The effect of an order of expungement shall be
to restore the person to the status such person occupied before the arrest,
charge or conviction.
(m) The department of corrections shall post general information on
its website about the expungement process described in this section.
(n) If a person is arrested and the person's case is still pending but a
sentence has not been imposed, the person may petition the court in which
the charges are pending for an order to summarily dismiss those charges
against him or her and expunge all official records of his or her arrest,
plea, trial, conviction, incarceration, supervision or expungement.
(o) In the public interest, the state's attorney of a county has standing
to file motions to vacate and expunge in the court with jurisdiction over
the underlying conviction pursuant to this section.
(p) Any individual may file a motion to vacate and expunge a
conviction.
(q) (1) Upon the effective date of this act, the department of
corrections shall review all criminal history record information and
identify all records showing persons with one or more convictions for
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offenses covered under this act and not associated with a conviction for
any crime prohibited for expungement under K.S.A. 21-6614(e) and (f),
and amendments thereto.
(2) Within 180 days after the effective date of this act, the department
of corrections shall notify the prisoner review board of all such records
that meet the criteria established in this subsection.
(3) The prisoner review board shall notify the convicting court of
each record identified by the department of corrections. The convicting
court may provide a written objection to the prisoner review board on the
sole basis that the record identified does not meet the criteria in this
section. Such an objection must be filed within 60 days or by a later date
set by the prisoner review board after the convicting court received notice
from the prisoner review board.
(A) In response to a written objection from a convicting court, the
prisoner review board is authorized to conduct a hearing to evaluate the
information provided in the objection.
(B) The prisoner review board shall make a confidential and
privileged recommendation to the governor as to whether to grant a pardon
authorizing expungement for each of the records identified by the
department of corrections.
(r) The following records may be sealed:
(1) All arrests resulting in a release and without a charge;
(2) arrests or charges not initiated by arrest resulting in acquittal,
dismissal or conviction when the conviction was reversed or vacated;
(3) arrests or charges not initiated by arrest resulting in orders of
supervision, including orders of supervision for municipal ordinance
violations, successfully completed by the petitioner;
(4) arrests or charges not initiated by arrest resulting in convictions,
including convictions on municipal ordinance violations;
(5) arrests or charges not initiated by arrest resulting in orders of first
offender probation; and
(6) arrests or charges not initiated by arrest resulting in felony
convictions, unless otherwise excluded by this section.
(s) Records identified as eligible under this section may be sealed at
any time.
(t) Upon becoming eligible to petition for the expungement or sealing
of records under this section, the petitioner shall file a petition requesting
the expungement or sealing of records with the clerk of the court where the
arrests occurred or the charges were brought, or both. If arrests occurred or
charges were brought in multiple jurisdictions, a petition must be filed in
each such jurisdiction.
(u) The petition shall be verified and shall contain the petitioner's
name, date of birth, current address and, for each arrest or charge not
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initiated by arrest sought to be sealed or expunged, the case number, the
date of arrest, if any, the identity of the arresting authority and such other
information as the court may require. During the pendency of the
proceeding, the petitioner shall promptly notify the convicting court of any
change of such petitioner's address. If the petitioner has received a
certificate of eligibility for sealing from the prisoner review board, the
certificate shall be attached to the petition.
(v) The convicting court shall promptly serve a copy of the petition
and documentation to support the petition on the state's attorney or
prosecutor charged with the duty of prosecuting the offense.
(w) Any party entitled to notice of the petition may file an objection
to the petition. All objections shall be in writing, filed with the convicting
court and shall state with specificity the basis of the objection. Whenever a
person who has been convicted of an offense is granted a pardon by the
governor that specifically authorizes expungement, an objection to the
petition may not be filed.
(1) Objections to a petition to expunge or seal must be filed within 60
days of the date of service of the petition.
(2) Notwithstanding any other provision of law, the court shall not
deny a petition for sealing under this section because the petitioner has not
satisfied an outstanding legal financial obligation established, imposed or
originated by a court, law enforcement agency or a municipal, state,
county or other unit of local government, including, but not limited to, any
cost, assessment, fine or fee. An outstanding legal financial obligation does
not include any court ordered restitution to a victim unless the restitution
has been converted to a civil judgment. Nothing in this section waives,
rescinds or abrogates a legal financial obligation or otherwise eliminates or
affects the right of the holder of any financial obligation to pursue
collection under applicable federal, state or local law.
(x) If an objection is filed, the court shall set a date for a hearing and
notify the petitioner and all parties entitled to notice of the petition of the
hearing date at least 30 days prior to the hearing. At the hearing, the court
shall hear evidence on whether the petition should or should not be granted
and shall grant or deny the petition to expunge or seal the records based on
the evidence presented at the hearing. The court may consider the
following:
(1) The strength of the evidence supporting the defendant's
conviction;
(2) the reasons for retention of the conviction records by the state;
(3) the petitioner's age, criminal record history and employment
history;
(4) the period of time between the petitioner's arrest on the charge
resulting in the conviction and the filing of the petition under this section;
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and
(5) the specific adverse consequences the petitioner may be subject to
if the petition is denied.
(y) After entering an order to expunge or seal records, the court shall
provide copies of the order to the petitioner, the state's attorney or
prosecutor charged with the duty of prosecuting the offense, the arresting
agency, the chief legal officer of the unit of local government effecting the
arrest and such other criminal justice agencies as may be ordered by the
court.
(1) No court order issued under the expungement or sealing
provisions of this section shall become final for purposes of appeal until
30 days after service of the order on the petitioner and all parties entitled
to notice of the petition.
(2) Unless a court has entered a stay of an order granting a petition to
seal, all parties entitled to notice of the petition must fully comply with the
terms of the order within 60 days of service of the order, even if a party is
seeking relief from the order through a motion filed or is appealing the
order.
(3) While a party is seeking relief from the order granting the petition
to expunge through a motion filed under this section or is appealing the
order and, unless a court has entered a stay of that order, the parties
entitled to notice of the petition must seal but need not expunge the records
until there is a final order on the motion for relief or, in the case of an
appeal, the issuance of that court's mandate.
(z) If a person who has been convicted of an offense is granted a
pardon by the governor that specifically authorizes expungement, such
person may, upon verified petition to the court where the person was
convicted, have a court order entered expunging the record of arrest from
the official records of the arresting authority and order that the records of
the court clerk be sealed until further order of the court upon good cause
shown or as otherwise provided in subsection (y) and that the name of the
defendant be removed from the official index.
Sec. 13. K.S.A. 2025 Supp. 21-5701 is hereby amended to read as
follows: 21-5701. As used in K.S.A. 21-5701 through 21-5717, and
amendments thereto:
(a) "Controlled substance" means any drug, substance or immediate
precursor included in any of the schedules designated in K.S.A. 65-4105,
65-4107, 65-4109, 65-4111 and 65-4113, and amendments thereto.
(b) (1) "Controlled substance analog" means a substance that is
intended for human consumption, and at least one of the following:
(A) The chemical structure of the substance is substantially similar to
the chemical structure of a controlled substance listed in or added to the
schedules designated in K.S.A. 65-4105 or 65-4107, and amendments
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thereto;
(B) the substance has a stimulant, depressant or hallucinogenic effect
on the central nervous system substantially similar to the stimulant,
depressant or hallucinogenic effect on the central nervous system of a
controlled substance included in the schedules designated in K.S.A. 65-
4105 or 65-4107, and amendments thereto; or
(C) with respect to a particular individual, such individual represents
or intends the substance to have a stimulant, depressant or hallucinogenic
effect on the central nervous system substantially similar to the stimulant,
depressant or hallucinogenic effect on the central nervous system of a
controlled substance included in the schedules designated in K.S.A. 65-
4105 or 65-4107, and amendments thereto.
(2) "Controlled substance analog" does not include:
(A) A controlled substance;
(B) a substance for which there is an approved new drug application;
or
(C) a substance with respect to which an exemption is in effect for
investigational use by a particular person under section 505 of the federal
food, drug, and cosmetic act, 21 U.S.C. § 355, to the extent conduct with
respect to the substance is permitted by the exemption.
(c) "Cultivate" means the planting or promotion of growth of five or
more plants that contain or can produce controlled substances.
(d) "Distribute" means the actual, constructive or attempted transfer
from one person to another of some item whether or not there is an agency
relationship. "Distribute" includes, but is not limited to, sale, offer for sale
or any act that causes some item to be transferred from one person to
another. "Distribute" does not include acts of administering, dispensing or
prescribing a controlled substance as authorized by the pharmacy act of the
state of Kansas, the uniform controlled substances act or otherwise
authorized by law.
(e) (1) "Drug" means:
(A) Substances recognized as drugs in the official United States
pharmacopeia, official homeopathic pharmacopoeia of the United States or
official national formulary or any supplement to any of them;
(B) substances intended for use in the diagnosis, cure, mitigation,
treatment or prevention of disease in humans or animals;
(C) substances, other than food, intended to affect the structure or any
function of the body of humans or animals; and
(D) substances intended for use as a component of any article
specified in subparagraph (A), (B) or (C).
(2) "Drug" does not include devices or their components, parts or
accessories.
(f) (1) "Drug paraphernalia" means all equipment and materials of
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any kind that are used, or primarily intended or designed for use in
planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing, concealing,
injecting, ingesting, inhaling or otherwise introducing into the human body
a controlled substance and in violation of this act.
(2) "Drug paraphernalia" includes, but is not limited to:
(A) Kits used or intended for use in planting, propagating, cultivating,
growing or harvesting any species of plant that is a controlled substance or
from which a controlled substance can be derived;
(B) kits used or intended for use in manufacturing, compounding,
converting, producing, processing or preparing controlled substances;
(C) isomerization devices used or intended for use in increasing the
potency of any species of plant that is a controlled substance;
(D) testing equipment used or intended for use in identifying or in
analyzing the strength, effectiveness or purity of controlled substances;
(E) scales and balances used or intended for use in weighing or
measuring controlled substances;
(F) diluents and adulterants, including, but not limited to, quinine
hydrochloride, mannitol, mannite, dextrose and lactose that are used or
intended for use in cutting controlled substances;
(G) separation gins and sifters used or intended for use in removing
twigs and seeds from or otherwise cleaning or refining marijuana
controlled substances;
(H) blenders, bowls, containers, spoons and mixing devices used or
intended for use in compounding controlled substances;
(I) capsules, balloons, envelopes, bags and other containers used or
intended for use in packaging small quantities of controlled substances;
(J) containers and other objects used or intended for use in storing or
concealing controlled substances;
(K) hypodermic syringes, needles and other objects used or intended
for use in parenterally injecting controlled substances into the human
body;
(L) objects used or primarily intended or designed for use in
ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish,
hashish oil, phencyclidine (PCP), methamphetamine or amphetamine into
the human body, such as:
(i) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with
or without screens, permanent screens, hashish heads or punctured metal
bowls;
(ii) water pipes, bongs or smoking pipes designed to draw smoke
through water or another cooling device;
(iii) carburetion pipes, glass or other heat-resistant tubes or any other
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device used, intended to be used or designed to be used to cause
vaporization of a controlled substance for inhalation;
(iv) smoking and carburetion masks;
(v) roach clips, objects used to hold burning material, such as a
marijuana cigarette, that has become too small or too short to be held in
the hand;
(vi) miniature cocaine spoons and cocaine vials;
(vii) chamber smoking pipes;
(viii) carburetor smoking pipes;
(ix) electric smoking pipes;
(x) air-driven smoking pipes;
(xi) chillums;
(xii) bongs;
(xiii) ice pipes or chillers;
(xiv) any smoking pipe manufactured to disguise its intended
purpose;
(xv) wired cigarette papers; or
(xvi) cocaine freebase kits.
(3) "Drug paraphernalia" does not include:
(A) Any products, chemicals or materials described in K.S.A. 21-
5709(a), and amendments thereto; or
(B) any materials used or intended for use to test a substance for the
presence of fentanyl, a fentanyl analog, ketamine or gamma
hydroxybutyric acid.
(g) "Fentanyl-related controlled substance" means any substance
designated in K.S.A. 65-4105(b)(1), (b)(2), (b)(4), (b)(10), (b)(11), (b)
(12), (b)(15), (b)(16), (b)(17), (b)(20), (b)(21), (b)(24), (b)(26), (b)(27), (b)
(28), (b)(35), (b)(42), (b)(43), (b)(44), (b)(45), (b)(48), (b)(50), (b)(54), (b)
(55), (b)(56), (b)(57), (b)(58), (b)(59), (b)(68), (b)(70), (b)(71), (b)(72), (b)
(73), (b)(74), (b)(75), (b)(76), (b)(77), (b)(78), (b)(79), (b)(80), (b)(81), (b)
(82), (b)(83), (b)(84), (b)(85), (b)(91), (b)(97), (b)(98), (b)(99), (b)(103),
(b)(104), (g)(1) or (g)(2) or 65-4107(c)(1), (c)(6), (c)(9), (c)(26), (c)(28),
(c)(30), (f)(3)(A) or (f)(3)(B), and amendments thereto, or any analog
thereof.
(h) "Immediate precursor" means a substance that the state board of
pharmacy has found to be and by rules and regulations designates as being
the principal compound commonly used or produced primarily for use and
that is an immediate chemical intermediary used or likely to be used in the
manufacture of a controlled substance, the control of which is necessary to
prevent, curtail or limit manufacture.
(i) "Isomer" means all enantiomers and diastereomers.
(j) "Manufacture" means the production, preparation, propagation,
compounding, conversion or processing of or placing into pill or capsule
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form a controlled substance either directly or indirectly or by extraction
from substances of natural origin or independently by means of chemical
synthesis or by a combination of extraction and chemical synthesis.
"Manufacture" does not include:
(1) The preparation or compounding of a controlled substance by an
individual for the individual's own lawful use or the preparation,
compounding, packaging or labeling of a controlled substance:
(A) By a practitioner or the practitioner's agent pursuant to a lawful
order of a practitioner as an incident to the practitioner's administering or
dispensing of a controlled substance in the course of the practitioner's
professional practice; or
(B) by a practitioner or by the practitioner's authorized agent under
such practitioner's supervision for the purpose of or as an incident to
research, teaching or chemical analysis or by a pharmacist or medical care
facility as an incident to dispensing of a controlled substance; or
(2) the addition of diluents or adulterants, including, but not limited
to, quinine hydrochloride, mannitol, mannite, dextrose or lactose that are
intended for use in cutting a controlled substance.
(k) "Marijuana" means all parts of all varieties of the plant Cannabis
whether growing or not, the seeds thereof, the resin extracted from any
part of the plant and every compound, manufacture, salt, derivative,
mixture or preparation of the plant, its seeds or resin. "Marijuana" does not
include:
(1) The mature stalks of the plant, fiber produced from the stalks, oil
or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture or preparation of the mature stalks,
except the resin extracted therefrom, fiber, oil or cake or the sterilized seed
of the plant that is incapable of germination;
(2) any substance listed in schedules II through V of the uniform
controlled substances act;
(3) drug products approved by the United States food and drug
administration as of the effective date of this act;
(4) cannabidiol (other trade name: 2-[(3-methyl-6-(1-methylethenyl)-
2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol); or
(5) industrial hemp as defined in K.S.A. 2-3901, and amendments
thereto, when cultivated, produced, possessed or used for activities
authorized by the commercial industrial hemp act.
(l) "Minor" means a person under 18 years of age.
(m)(l) "Narcotic drug" means any of the following whether produced
directly or indirectly by extraction from substances of vegetable origin or
independently by means of chemical synthesis or by a combination of
extraction and chemical synthesis:
(1) Opium and opiate and any salt, compound, derivative or
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preparation of opium or opiate;
(2) any salt, compound, isomer, derivative or preparation thereof that
is chemically equivalent or identical with any of the substances referred to
in paragraph (1) but not including the isoquinoline alkaloids of opium;
(3) opium poppy and poppy straw;
(4) coca leaves and any salt, compound, derivative or preparation of
coca leaves and any salt, compound, isomer, derivative or preparation
thereof that is chemically equivalent or identical with any of these
substances, but not including decocainized coca leaves or extractions of
coca leaves that do not contain cocaine or ecgonine.
(n)(m) "Opiate" means any substance having an addiction-forming or
addiction-sustaining liability similar to morphine or being capable of
conversion into a drug having addiction-forming or addiction-sustaining
liability. "Opiate" does not include, unless specifically designated as
controlled under K.S.A. 65-4102, and amendments thereto, the
dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts
(dextromethorphan). "Opiate" does include its racemic and levorotatory
forms.
(o)(n) "Opium poppy" means the plant of the species Papaver
somniferum l. except its seeds.
(p)(o) "Person" means an individual, corporation, government or
governmental subdivision or agency, business trust, estate, trust,
partnership, association or any other legal entity.
(q)(p) "Poppy straw" means all parts, except the seeds, of the opium
poppy, after mowing.
(r)(q) "School property" means property upon which is located a
structure used by a unified school district or an accredited nonpublic
school for student instruction or attendance or extracurricular activities of
pupils enrolled in kindergarten or any of the grades one through 12. This
definition shall not be construed as requiring that school be in session or
that classes are actually being held at the time of the offense or that
children must be present within the structure or on the property during the
time of any alleged criminal act. If the structure or property meets the
above definition, the actual use of that structure or property at the time
alleged shall not be a defense to the crime charged or the sentence
imposed.
(s)(r) "Simulated controlled substance" means any product that
identifies itself by a common name or slang term associated with a
controlled substance and that indicates on its label or accompanying
promotional material that the product simulates the effect of a controlled
substance.
Sec. 14. K.S.A. 2025 Supp. 21-5705 is hereby amended to read as
follows: 21-5705. (a) It shall be unlawful for any person to distribute or
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possess with the intent to distribute any of the following controlled
substances or controlled substance analogs thereof:
(1) 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;
(2) 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;
(3) 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;
(4) any hallucinogenic drug designated in K.S.A. 65-4105(d), 65-
4107(g) or 65-4109(g), and amendments thereto;
(5) any substance designated in K.S.A. 65-4105(g) or 65-4111(c), (d),
(e), (f) or (g), and amendments thereto;
(6) any anabolic steroids as defined in K.S.A. 65-4109(f), and
amendments thereto; or
(7) any substance designated in K.S.A. 65-4105(h), and amendments
thereto.
(b) It shall be unlawful for any person to distribute or possess with
the intent to distribute a controlled substance or a controlled substance
analog designated in K.S.A. 65-4113, and amendments thereto.
(c) It shall be unlawful for any person to cultivate any controlled
substance or controlled substance analog listed in subsection (a).
(d) (1) Except as provided further, violation of subsection (a) is a:
(A) Drug severity level 4 felony if the quantity of the material was
less than 3.5 grams;
(B) drug severity level 3 felony if the quantity of the material was at
least 3.5 grams but less than 100 grams;
(C) drug severity level 2 felony if the quantity of the material was at
least 100 grams but less than 1 kilogram; and
(D) drug severity level 1 felony if the quantity of the material was 1
kilogram or more.
(2) Except as provided further, violation of subsection (a) with
respect to material containing any quantity of marijuana, or an analog
thereof, is a:
(A) Drug severity level 4 felony if the quantity of the material was
less than 25 grams;
(B) drug severity level 3 felony if the quantity of the material was at
least 25 grams but less than 450 grams;
(C) drug severity level 2 felony if the quantity of the material was at
least 450 grams but less than 30 kilograms; and
(D) drug severity level 1 felony if the quantity of the material was 30
kilograms or more.
(3) Except as provided further, violation of subsection (a) with
respect to material containing any quantity of a fentanyl-related controlled
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substance, heroin as defined by K.S.A. 65-4105(c)(12), and amendments
thereto, or methamphetamine as defined by K.S.A. 65-4107(d)(3) or (f)(1),
and amendments thereto, or an analog thereof, is a:
(A) Drug severity level 4 felony if the quantity of the material was
less than 1 gram;
(B) drug severity level 3 felony if the quantity of the material was at
least 1 gram but less than 3.5 grams;
(C) drug severity level 2 felony if the quantity of the material was at
least 3.5 grams but less than 100 grams; and
(D) drug severity level 1 felony if the quantity of the material was
100 grams or more.
(4)(3) Except as provided further, violation of subsection (a) with
respect to material containing any quantity of a controlled substance
designated in K.S.A. 65-4105, 65-4107, 65-4109 or 65-4111, and
amendments thereto, or an analog thereof, distributed by dosage unit, is a:
(A) Drug severity level 4 felony if the number of dosage units was
fewer than 10;
(B) drug severity level 3 felony if the number of dosage units was at
least 10 but fewer than 100;
(C) drug severity level 2 felony if the number of dosage units was at
least 100 but fewer than 1,000; and
(D) drug severity level 1 felony if the number of dosage units was
1,000 or more.
(5)(4) Violation of subsection (a) with respect to material containing
any quantity of a fentanyl-related controlled substance, distributed by
dosage unit, is a:
(A) Drug severity level 4 felony if the number of dosage units was
fewer than 10;
(B) drug severity level 3 felony if the number of dosage units was at
least 10 but fewer than 50;
(C) drug severity level 2 felony if the number of dosage units was at
least 50 but fewer than 250; and
(D) drug severity level 1 felony if the number of dosage units was
250 or more.
(6)(5) For any violation of subsection (a), the severity level of the
offense shall be increased one level if the controlled substance or
controlled substance analog was distributed or possessed with the intent to
distribute on or within 1,000 feet of any school property.
(7)(6) Violation of subsection (b) is a:
(A) Class A person misdemeanor, except as provided in subsection
(d)(7)(B); and
(B) nondrug severity level 7, person felony if the substance was
distributed to or possessed with the intent to distribute to a minor.
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(8)(7) Violation of subsection (c) is a:
(A) Drug severity level 3 felony if the number of plants cultivated
was more than 4 but fewer than 50;
(B) drug severity level 2 felony if the number of plants cultivated was
at least 50 but fewer than 100; and
(C) drug severity level 1 felony if the number of plants cultivated was
100 or more.
(e) In any prosecution under this section, there shall be an inference
of an intent to distribute if such an inference is supported by the facts and
such person possesses the following quantities of controlled substances or
analogs thereof:
(1) 450 grams or more of marijuana;
(2) 3.5 grams or more of a fentanyl-related controlled substance,
heroin or methamphetamine;
(3)(2) 50 dosage units or more containing any quantity of a fentanyl-
related controlled substance;
(4)(3) 100 dosage units or more containing any other controlled
substance; or
(5)(4) 100 grams or more of any other controlled substance.
(f) It shall not be a defense to charges arising under this section that
the defendant:
(1) Was acting in an agency relationship on behalf of any other party
in a transaction involving a controlled substance or controlled substance
analog;
(2) did not know the quantity of the controlled substance or
controlled substance analog; or
(3) did not know the specific controlled substance or controlled
substance analog contained in the material that was distributed or
possessed with the intent to distribute.
(g) As used in this section:
(1) "Material" means the total amount of any substance, including a
compound or a mixture, which contains any quantity of a controlled
substance or controlled substance analog.
(2) "Dosage unit" means a controlled substance or controlled
substance analog distributed or possessed with the intent to distribute as a
discrete unit, including , but not limited to, one pill, one capsule or one
microdot, and not distributed by weight.
(A) For steroids, or controlled substances in liquid solution legally
manufactured for prescription use, or an analog thereof, "dosage unit"
means the smallest medically approved dosage unit, as determined by the
label, materials provided by the manufacturer, a prescribing authority,
licensed health care professional or other qualified health authority.
(B) For illegally manufactured controlled substances in liquid
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solution, or controlled substances in liquid products not intended for
ingestion by human beings, or an analog thereof, "dosage unit" means 10
milligrams, including the liquid carrier medium, except as provided in
subsection (g)(2)(C).
(C) For lysergic acid diethylamide (LSD) in liquid form, or an analog
thereof, a dosage unit is defined as 0.4 milligrams, including the liquid
medium.
Sec. 15. 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
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
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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 any cannabidiol treatment
preparation if the person:
(1) Has a debilitating medical condition, as defined in K.S.A. 2025
Supp. 65-6235, and amendments thereto, or is the parent or guardian of a
minor child who has such debilitating medical condition;
(2) is possessing a cannabidiol treatment preparation, as defined in
K.S.A. 2025 Supp. 65-6235, and amendments thereto, that is being used to
treat such debilitating medical condition; and
(3) has possession of a letter, at all times while the person has
possession of the cannabidiol treatment preparation, that:
(A) Shall be shown to a law enforcement officer on such officer's
request;
(B) 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) is on such physician's letterhead; and
(D) identifies the person or the person's minor child as such
physician's patient and identifies the patient's debilitating medical
condition.
(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.
Sec. 16. K.S.A. 21-5709 is hereby amended to read as follows: 21-
5709. (a) It shall be unlawful for any person to possess ephedrine,
pseudoephedrine, red phosphorus, lithium metal, sodium metal, iodine,
anhydrous ammonia, pressurized ammonia or phenylpropanolamine, or
their salts, isomers or salts of isomers with an intent to use the product to
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manufacture a controlled substance.
(b) It shall be unlawful for any person to use or possess with intent to
use any drug paraphernalia to:
(1) Manufacture, cultivate, plant, propagate, harvest, test, analyze or
distribute a controlled substance; or
(2) store, contain, conceal, inject, ingest, inhale or otherwise
introduce a controlled substance into the human body.
(c) It shall be unlawful for any person to use or possess with intent to
use anhydrous ammonia or pressurized ammonia in a container not
approved for that chemical by the Kansas department of agriculture.
(d) It shall be unlawful for any person to purchase, receive or
otherwise acquire at retail any compound, mixture or preparation
containing more than 3.6 grams of pseudoephedrine base or ephedrine
base in any single transaction or any compound, mixture or preparation
containing more than nine grams of pseudoephedrine base or ephedrine
base within any 30-day period.
(e) (1) Violation of subsection (a) is a drug severity level 3 felony;
(2) violation of subsection (b)(1) is a:(A) drug severity level 5
felony, except as provided in subsection (e)(2)(B); and
(B) class B nonperson misdemeanor if the drug paraphernalia was
used to cultivate fewer than five marijuana plants;
(3) violation of subsection (b)(2) is a class B nonperson
misdemeanor;
(4) violation of subsection (c) is a drug severity level 5 felony; and
(5) violation of subsection (d) is a class A nonperson misdemeanor.
(f) For persons arrested and charged under subsection (a) or (c), bail
shall be at least $50,000 cash or surety, and such person shall not be
released upon the person's own recognizance pursuant to K.S.A. 22-2802,
and amendments thereto, unless the court determines, on the record, that
the defendant is not likely to reoffend, the court imposes pretrial
supervision or the defendant agrees to participate in a licensed or certified
drug treatment program.
Sec. 17. K.S.A. 2025 Supp. 65-4101 is hereby amended to read as
follows: 65-4101. As used in this act:
(a) "Administer" means the direct application of a controlled
substance, whether by injection, inhalation, ingestion or any other means,
to the body of a patient or research subject by:
(1) A practitioner or pursuant to the lawful direction of a practitioner;
or
(2) the patient or research subject at the direction and in the presence
of the practitioner.
(b) "Agent" means an authorized person who acts on behalf of or at
the direction of a manufacturer, distributor or dispenser. "Agent" does not
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include a common carrier, public warehouseman or employee of the carrier
or warehouseman.
(c) "Application service provider" means an entity that sells
electronic prescription or pharmacy prescription applications as a hosted
service where the entity controls access to the application and maintains
the software and records on its server.
(d) "Board" means the state board of pharmacy.
(e) "Bureau" means the bureau of narcotics and dangerous drugs,
United States department of justice, or its successor agency.
(f) "Controlled substance" means any drug, substance or immediate
precursor included in any of the schedules designated in K.S.A. 65-4105,
65-4107, 65-4109, 65-4111 and 65-4113, and amendments thereto.
(g) (1) "Controlled substance analog" means a substance that is
intended for human consumption, and at least one of the following:
(A) The chemical structure of the substance is substantially similar to
the chemical structure of a controlled substance listed in or added to the
schedules designated in K.S.A. 65-4105 or 65-4107, and amendments
thereto;
(B) the substance has a stimulant, depressant or hallucinogenic effect
on the central nervous system substantially similar to the stimulant,
depressant or hallucinogenic effect on the central nervous system of a
controlled substance included in the schedules designated in K.S.A. 65-
4105 or 65-4107, and amendments thereto; or
(C) with respect to a particular individual, such individual represents
or intends the substance to have a stimulant, depressant or hallucinogenic
effect on the central nervous system substantially similar to the stimulant,
depressant or hallucinogenic effect on the central nervous system of a
controlled substance included in the schedules designated in K.S.A. 65-
4105 or 65-4107, and amendments thereto.
(2) "Controlled substance analog" does not include:
(A) A controlled substance;
(B) a substance for which there is an approved new drug application;
or
(C) a substance with respect to which an exemption is in effect for
investigational use by a particular person under section 505 of the federal
food, drug and cosmetic act, 21 U.S.C. § 355, to the extent conduct with
respect to the substance is permitted by the exemption.
(h) "Counterfeit substance" means a controlled substance that, or the
container or labeling of which, without authorization bears the trademark,
trade name or other identifying mark, imprint, number or device or any
likeness thereof of a manufacturer, distributor or dispenser other than the
person who in fact manufactured, distributed or dispensed the substance.
(i) "Cultivate" means the planting or promotion of growth of five or
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more plants that contain or can produce controlled substances.
(j) "DEA" means the U.S. department of justice, drug enforcement
administration.
(k) "Deliver" or "delivery" means the actual, constructive or
attempted transfer from one person to another of a controlled substance,
whether or not there is an agency relationship.
(l) "Dispense" means to deliver a controlled substance to an ultimate
user or research subject by or pursuant to the lawful order of a practitioner,
including the packaging, labeling or compounding necessary to prepare the
substance for that delivery, or pursuant to the prescription of a mid-level
practitioner.
(m) "Dispenser" means a practitioner or pharmacist who dispenses, or
a physician assistant who has authority to dispense prescription-only drugs
in accordance with K.S.A. 65-28a08(b), and amendments thereto.
(n) "Distribute" means to deliver other than by administering or
dispensing a controlled substance.
(o) "Distributor" means a person who distributes.
(p) (1) "Drug" means substances:
(A) Recognized as drugs in the official United States pharmacopeia,
official homeopathic pharmacopoeia of the United States or official
national formulary or any supplement to any of them thereto;
(B) intended for use in the diagnosis, cure, mitigation, treatment or
prevention of disease in human or animals;
(C) other than food intended to affect the structure or any function of
the body of human or animals; and
(D) intended for use as a component of any article specified in
subparagraph (A), (B) or (C).
(2) "Drug" does not include devices or their components, parts or
accessories.
(q) "Immediate precursor" means a substance that the board has
found to be and by rule and regulation designates as being the principal
compound commonly used or produced primarily for use and that is an
immediate chemical intermediary used or likely to be used in the
manufacture of a controlled substance, the control of which is necessary to
prevent, curtail or limit manufacture.
(r) "Electronic prescription" means an electronically prepared
prescription that is authorized and transmitted from the prescriber to the
pharmacy by means of electronic transmission.
(s) "Electronic prescription application" means software that is used
to create electronic prescriptions and that is intended to be installed on the
prescriber's computers and servers where access and records are controlled
by the prescriber.
(t) "Electronic signature" means a confidential personalized digital
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key, code, number or other method for secure electronic data transmissions
that identifies a particular person as the source of the message,
authenticates the signatory of the message and indicates the person's
approval of the information contained in the transmission.
(u) "Electronic transmission" means the transmission of an electronic
prescription, formatted as an electronic data file, from a prescriber's
electronic prescription application to a pharmacy's computer, where the
data file is imported into the pharmacy prescription application.
(v) "Electronically prepared prescription" means a prescription that is
generated using an electronic prescription application.
(w) "Facsimile transmission" or "fax transmission" means the
transmission of a digital image of a prescription from the prescriber or the
prescriber's agent to the pharmacy. "Facsimile transmission" includes, but
is not limited to, transmission of a written prescription between the
prescriber's fax machine and the pharmacy's fax machine ;, transmission of
an electronically prepared prescription from the prescriber's electronic
prescription application to the pharmacy's fax machine, computer or
printer; or transmission of an electronically prepared prescription from the
prescriber's fax machine to the pharmacy's fax machine, computer or
printer.
(x) "Intermediary" means any technology system that receives and
transmits an electronic prescription between the prescriber and the
pharmacy.
(y) "Isomer" means all enantiomers and diastereomers.
(z) "Manufacture" means the production, preparation, propagation,
compounding, conversion or processing of a controlled substance either
directly or indirectly or by extraction from substances of natural origin or
independently by means of chemical synthesis or by a combination of
extraction and chemical synthesis and includes any packaging or
repackaging of the substance or labeling or relabeling of its container,
except that this term does not include the preparation or compounding of a
controlled substance by an individual for the individual's own lawful use
or the preparation, compounding, packaging or labeling of a controlled
substance:
(1) By a practitioner or the practitioner's agent pursuant to a lawful
order of a practitioner as an incident to the practitioner's administering or
dispensing of a controlled substance in the course of the practitioner's
professional practice; or
(2) by a practitioner or by the practitioner's authorized agent under
such practitioner's supervision for the purpose of or as an incident to
research, teaching or chemical analysis or by a pharmacist or medical care
facility as an incident to dispensing of a controlled substance.
(aa) "Marijuana" means all parts of all varieties of the plant Cannabis
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whether growing or not, the seeds thereof, the resin extracted from any
part of the plant and every compound, manufacture, salt, derivative,
mixture or preparation of the plant, its seeds or resin. It does not include:
(1) The mature stalks of the plant, fiber produced from the stalks, oil
or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture or preparation of the mature stalks,
except the resin extracted therefrom, fiber, oil or cake or the sterilized seed
of the plant that is incapable of germination;
(2) any substance listed in schedules II through V of the uniform
controlled substances act;
(3) drug products approved by the United States food and drug
administration as of the effective date of this act;
(4) cannabidiol (other trade name: 2-[(3-methyl-6-(1-methylethenyl)-
2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol); or
(5) industrial hemp as defined in K.S.A. 2-3901, and amendments
thereto, when cultivated, produced, possessed or used for activities
authorized by the commercial industrial hemp act.
(bb) "Medical care facility" shall have the meaning ascribed to that
term in K.S.A. 65-425, and amendments thereto.
(cc)(bb) "Mid-level practitioner" means a certified nurse-midwife
engaging in the independent practice of midwifery under the independent
practice of midwifery act, an advanced practice registered nurse issued a
license pursuant to K.S.A. 65-1131, and amendments thereto, who has
authority to prescribe drugs under K.S.A. 65-1130, and amendments
thereto, or a physician assistant licensed under the physician assistant
licensure act who has authority to prescribe drugs pursuant to a written
agreement with a supervising physician under K.S.A. 65-28a08, and
amendments thereto.
(dd)(cc) "Narcotic drug" means any of the following whether
produced directly or indirectly by extraction from substances of vegetable
origin or independently by means of chemical synthesis or by a
combination of extraction and chemical synthesis:
(1) Opium and opiate and any salt, compound, derivative or
preparation of opium or opiate;
(2) any salt, compound, isomer, derivative or preparation thereof that
is chemically equivalent or identical with any of the substances referred to
in paragraph (1) but not including the isoquinoline alkaloids of opium;
(3) opium poppy and poppy straw;
(4) coca leaves and any salt, compound, derivative or preparation of
coca leaves, and any salt, compound, isomer, derivative or preparation
thereof that is chemically equivalent or identical with any of these
substances, but not including decocainized coca leaves or extractions of
coca leaves that do not contain cocaine or ecgonine.
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(ee)(dd) "Opiate" means any substance having an addiction-forming
or addiction-sustaining liability similar to morphine or being capable of
conversion into a drug having addiction-forming or addiction-sustaining
liability. It "Opiate" does not include, unless specifically designated as
controlled under K.S.A. 65-4102, and amendments thereto, the
dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts
(dextromethorphan). It does include its racemic and levorotatory forms.
(ff)(ee) "Opium poppy" means the plant of the species Papaver
somniferum l. except its seeds.
(gg)(ff) "Person" means an individual, corporation, government, or
governmental subdivision or agency, business trust, estate, trust,
partnership or association or any other legal entity.
(hh)(gg) "Pharmacist" means any natural person licensed under
K.S.A. 65-1625 et seq., and amendments thereto, to practice pharmacy.
(ii)(hh) "Pharmacist intern" means: (1) A student currently enrolled in
an accredited pharmacy program; (2) a graduate of an accredited pharmacy
program serving such person's internship; or (3) a graduate of a pharmacy
program located outside of the United States that is not accredited and who
had successfully passed equivalency examinations approved by the board.
(jj)(ii) "Pharmacy prescription application" means software that is
used to process prescription information, is installed on a pharmacy's
computers and servers, and is controlled by the pharmacy.
(kk)(jj) "Poppy straw" means all parts, except the seeds, of the opium
poppy, after mowing.
(ll)(kk) "Practitioner" means a person licensed to practice medicine
and surgery, dentist, podiatrist, veterinarian, optometrist, or scientific
investigator or other person authorized by law to use a controlled
substance in teaching or chemical analysis or to conduct research with
respect to a controlled substance.
(mm)(ll) "Prescriber" means a practitioner or a mid-level practitioner.
(nn)(mm) "Production" includes the manufacture, planting,
cultivation, growing or harvesting of a controlled substance.
(oo)(nn) "Readily retrievable" means that records kept by automatic
data processing applications or other electronic or mechanized
recordkeeping systems can be separated out from all other records within a
reasonable time not to exceed 48 hours of a request from the board or
other authorized agent or that hard-copy records are kept on which certain
items are asterisked, redlined or in some other manner visually identifiable
apart from other items appearing on the records.
(pp)(oo) "Ultimate user" means a person who lawfully possesses a
controlled substance for such person's own use or for the use of a member
of such person's household or for administering to an animal owned by
such person or by a member of such person's household.
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HB 2752 43
Sec. 18. K.S.A. 2025 Supp. 65-4105 is hereby amended to read as
follows: 65-4105. (a) The controlled substances listed in this section are
included in schedule I and the number set forth opposite each drug or
substance is the DEA controlled substances code that has been assigned to
it.
(b) Any of the following opiates, including their isomers, esters,
ethers, salts, and salts of isomers, esters and ethers, unless specifically
excepted, whenever the existence of these isomers, esters, ethers and salts
is possible within the specific chemical designation:
(1) Acetyl fentanyl
(N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide) 9821
(2) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-
piperidinyl]-N-phenylacetamide) 9815
(3) Acetylmethadol 9601
(4) Acryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-
phenylacrylamide; acryloylfentanyl) 9811
(5) AH-7921 (3,4-dichloro-N-[(1-
dimethylamino)cyclohexylmethyl]benzamide) 9551
(6) Allylprodine 9602
(7) Alphacetylmethadol 9603
(except levo-alphacetylmethadol also known as levo-alpha-
acetylmethadol, levomethadyl acetate or LAAM)
(8) Alphameprodine 9604
(9) Alphamethadol 9605
(10) Alpha′-methyl butyryl fentanyl (2-methyl-N-(1-
phenethylpiperidin-4-yl)-N-phenylbutanamide) 9864
(11) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-
piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido)
piperidine) 9814
(12) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-
piperidinyl]-N-phenylpropanamide) 9832
(13) Benzethidine 9606
(14) Betacetylmethadol 9607
(15) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-
piperidinyl]-N-phenylpropanamide) 9830
(16) Beta-hydroxy-3-methylfentanyl (other name: N-[1-(2-hydroxy-2-
phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide) 9831
(17) Beta-hydroxythiofentanyl (N-[1-[2-hydroxy-2-(thiophen-2-
yl)ethyl]piperidin-4-yl]-N-phenylpropionamide) 9836
(18) Betameprodine 9608
(19) Betamethadol 9609
(20) Beta-methyl fentanyl (N-phenyl-N-(1-(2-phenylpropyl)piperidin-
4-yl)propionamide; also known as β-methyl fentanyl) 9856
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HB 2752 44
(21) Beta'-phenyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N, 3-
diphenylpropanamide; also known as β'-phenyl fentanyl; 3-
phenylpropanoyl fentanyl) 9842
(22) Betaprodine 9611
(23) Brorphine (1-(1-(1-(4-bromophenyl)ethyl)piperidin-4-yl)-1,3-
dihydro-2H-benzo[d]imidazol-2-one) 9098
(24) Butyryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-
phenylbutyramide) 9822
(25) Clonitazene 9612
(26) Crotonyl fentanyl ((E)-N-(1-phenethylpiperidin-4-yl)-N-
phenylbut-2-enamide) 9844
(27) Cyclopentyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-
phenylcyclopentanecarboxamide) 9847
(28) Cyclopropyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-
phenylcyclopropanecarboxamide) 9845
(29) Dextromoramide 9613
(30) Diampromide 9615
(31) Diethylthiambutene 9616
(32) Difenoxin 9168
(33) Dimenoxadol 9617
(34) Dimepheptanol 9618
(35) 2′,5′-Dimethoxyfentanyl (N-(1-(2,5-
dimethoxyphenethyl)piperidin-4-yl)-N-phenylpropionamide) 9861
(36) Dimethylthiambutene 9619
(37) Dioxaphetyl butyrate 9621
(38) Dipipanone 9622
(39) Ethylmethylthiambutene 9623
(40) Etonitazene 9624
(41) Etoxeridine 9625
(42) Fentanyl carbamate (ethyl (1-phenethylpiperidin-4-yl)
(phenyl)carbamate) 9851
(43) 2′-Fluoro ortho-fluorofentanyl (N-(1-(2-
fluorophenethyl)piperidin-4-yl)-N-(2-fluorophenyl)propionamide; also
known as 2′-fluoro 2-fluorofentanyl) 9855
(44) Furanyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-
2-carboxamide) 9834
(45) 3-Furanyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-
phenylfuran-3-carboxamide) 9860
(46) Furethidine 9626
(47) Hydroxypethidine 9627
(48) Isobutyryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-
phenylisobutyramide) 9827
(49) Isotonitazene (N,N-diethyl-2-(2-(4 isopropoxybenzyl)-5-nitro-
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HB 2752 45
1H-benzimidazol-1-yl)ethan-1-amine; N,N-diethyl-2-[[4-(1-
methylethoxy)phenyl]methyl]-5-nitro-1 H-benzimidazole-1-ethanamine)
9614
(50) Isovaleryl fentanyl (3-methyl- N -(1-phenethylpiperidin-4-yl)-
N-phenylbutanamide) 9862
(51) Ketobemidone 9628
(52) Levomoramide 9629
(53) Levophenacylmorphan 9631
(54) Meta -Fluorofentanyl (N -(3-fluorophenyl)- N -(1-
phenethylpiperidin-4-yl)propionamide) 9857
(55) Meta -Fluoroisobutyryl fentanyl ( N -(3-fluorophenyl)- N -(1-
phenethylpiperidin-4-yl)isobutyramide) 9858
(56) Methoxyacetyl fentanyl (2-methoxy-N-(1-phenethylpiperidin-4-
yl)-N-phenylacetamide) 9825
(57) 4′-Methyl acetyl fentanyl (N-(1-(4-methylphenethyl)piperidin-4-
yl)-N-phenylacetamide) 9819
(58) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-
phenylpropanamide) 9813
(59) 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-
piperidinyl]-N-phenylpropanamide) 9833
(60) Metonitazene (N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H-
benzimidazol-1-yl)ethan-1-amine) 9757
(61) Morpheridine 9632
(62) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine) 9661
(63) MT-45 (1-cychohexyl-4-(1,2-diphenylethyl)piperazine)
9560
(64) Noracymethadol 9633
(65) Norlevorphanol 9634
(66) Normethadone 9635
(67) Norpipanone 9636
(68) Ocfentanil (N-(2-fluorophenyl)-2-methoxy-N-(1-
phenethylpiperidin-4-yl) acetamide) 9838
(69) O-desmethyltramadol (Some trade or other names: 2-
((dimethylamino)methyl-1-(3-hydroxyphenyl)cyclohexanol;3-(2-
((dimethylamino)methyl)-1-hydroxycyclohexyl)phenol)
(70) Ortho-fluoroacryl fentanyl (N-(2-fluorophenyl)-N-(1-
phenethylpiperidin-4-yl)acrylamide) 9852
(71) Ortho-fluorobutyryl fentanyl (N-(2-fluorophenyl)-N-(1-
phenethylpiperidin-4-yl)butyramide; also known as 2-fluorobutyryl
fentanyl) 9846
(72) Ortho-fluorofentanyl (N-(2-fluorophenyl)-N-(1-
phenethylpiperidin-4-yl)propionamide; 2-fluorofentanyl) 9816
(73) Ortho -Fluorofuranyl fentanyl ( N -(2-fluorophenyl)- N -(1-
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HB 2752 46
phenethylpiperidin-4-yl)furan-2-carboxamide) 9863
(74) (Ortho-fluoroisobutyryl fentanyl (N-(2-fluorophenyl)-N-(1-
phenethylpiperidin-4-yl)isobutyramide) 9853
(75) Ortho-methyl acetylfentanyl (N-(2-methylphenyl)-N-(1-
phenethylpiperidin-4-yl)acetamide; also known as 2-methyl
acetylfentanyl) 9848
(76) Ortho-methyl methoxyacetyl fentanyl (2-methoxy-N-(2-
methylphenyl)-N-(1-phenethylpiperidin-4-yl)acetamide; also known as 2-
methyl methoxyacetyl
fentanyl) 9820
(77) Para-chloroisobutyryl fentanyl (N-(4-chlorophenyl)-N-(1-
phenethylpiperidin-4-yl)isobutyramide) 9826
(78) Para-fluorobutyryl fentanyl (N-(4-fluorophenyl)-N-(1-
phenethylpiperidin-4-yl)butyramide) 9823
(79) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-
piperidinyl]propanamide) 9812
(80) Para-fluoroisobutyryl fentanyl (N-(4-fluorophenyl)-N-(1-
phenethylpiperidin-4-yl)isobutyramide, 4-fluoroisobutyryl fentanyl)
9824
(81) Para-fluoro furanyl fentanyl (N-(4-fluorophenyl)-N-(1-
phenethylpiperidin-4-yl)furan-2-carboxamide) 9854
(82) Para-methoxybutyryl fentanyl (N-(4-methoxyphenyl)-N-(1-
phenethylpiperidin-4-yl)butyramide) 9837
(83) Para -Methoxyfuranyl fentanyl ( N -(4-methoxyphenyl)- N -(1-
phenethylpiperidin-4-yl)furan-2-carboxamide 9859
(84) para -Methylcyclopropyl fentanyl ( N -(4-methylphenyl)- N -(1-
phenethylpiperidin-4-yl)cyclopropanecarboxamide) 9865
(85) Para-methylfentanyl (N-(4-methylphenyl)-N-(1-
phenethylpiperidin-4-yl)propionamide; also known as 4-methylfentanyl)
9817
(86) PEPAP (1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine)
9663
(87) Phenadoxone 9637
(88) Phenampromide 9638
(89) Phenomorphan 9647
(90) Phenoperidine 9641
(91) Phenyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-
phenylbenzamide; also known as benzoyl fentanyl) 9841
(92) Piritramide 9642
(93) Proheptazine 9643
(94) Properidine 9644
(95) Propiram 9649
(96) Racemoramide 9645
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HB 2752 47
(97) Tetrahydrofuranyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-
phenyltetrahydrofuran-2-carboxamide) 9843
(98) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-
propanamide) 9835
(99) Thiofuranyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-
phenylthiophene-2-carboxamide; also known as 2-thiofuranyl fentanyl;
thiophene fentanyl) 9839
(100) Tilidine 9750
(101) Trimeperidine 9646
(102) U-47700 (3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-
methylbenzamide) 9547
(103) Valeryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-
phenylpentanamide) 9840
(104) Zipeprol (1-methoxy-3-[4-(2-methoxy-2-phenylethyl)piperazin-1-
yl]-1-phenylpropan-2-ol) 9873
(c) Any of the following opium derivatives, their salts, isomers and
salts of isomers, unless specifically excepted, whenever the existence of
these salts, isomers and salts of isomers is possible within the specific
chemical designation:
(1) Acetorphine 9319
(2) Acetyldihydrocodeine 9051
(3) Benzylmorphine 9052
(4) Codeine methylbromide 9070
(5) Codeine-N-Oxide 9053
(6) Cyprenorphine 9054
(7) Desomorphine 9055
(8) Dihydromorphine 9145
(9) Drotebanol 9335
(10) Etorphine (except hydrochloride salt) 9056
(11) Heroin 9200
(12) Hydromorphinol 9301
(13) Methyldesorphine 9302
(14) Methyldihydromorphine 9304
(15) Morphine methylbromide 9305
(16) Morphine methylsulfonate 9306
(17) Morphine-N-Oxide 9307
(18) Myrophine 9308
(19) Nicocodeine 9309
(20) Nicomorphine
(21) Normorphine 9313
(22) Pholcodine 9314
(23) Thebacon 9315
(d) Any material, compound, mixture or preparation that contains any
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HB 2752 48
quantity of the following hallucinogenic substances, their salts, isomers
and salts of isomers, unless specifically excepted, whenever the existence
of these salts, isomers and salts of isomers is possible within the specific
chemical designation:
(1) Alpha-ethyltryptamine 7249
Some trade or other names: etryptamine; Monase; α-ethyl-1H-indole-3-
ethanamine; 3-(2-aminobutyl) indole; α-ET; and AET.
(2) 4-bromo-2,5-dimethoxy-amphetamine 7391
Some trade or other names: 4-bromo-2,5-dimethoxy-alpha-
methylphenethylamine; 4-bromo-2,5-DMA.
(3) 2,5-dimethoxyamphetamine 7396
Some trade or other names: 2,5-dimethoxy-alpha-methyl-phenethylamine;
2,5-DMA.
(4) 4-methoxyamphetamine 7411
Some trade or other names: 4-methoxy-alpha-methylphene-thylamine;
paramethoxyamphetamine; PMA.
(5) 5-methoxy-3,4-methylenedioxy-amphetamine 7401
(6) 4-methyl-2,5-dimethoxy-amphetamine 7395
Some trade or other names: 4-methyl-2,5-dimethoxy-alpha-
methylphenethylamine; "DOM"; and "STP".
(7) 3,4-methylenedioxy amphetamine 7400
(8) 3,4-methylenedioxymethamphetamine (MDMA) 7405
(9) 3,4-methylenedioxy-N-ethylamphetamine (also known as N-
ethyl-alpha-methyl-3,4 (methylenedioxy) phenethylamine, N-ethyl MDA,
MDE, and MDEA) 7404
(10) N-hydroxy-3,4-methylenedioxyamphetamine (also known as N-
hydroxy-alpha-methyl-3,4-(methylenedioxy) phenethylamine, and N-
hydroxy MDA) 7402
(11) 3,4,5-trimethoxy amphetamine 7390
(12) Bufotenine 7433
Some trade or other names: 3-(Beta-Dimethylaminoethyl)-5-
hydroxyindole; 3-(2-dimethylaminoethyl)-5-indolol; N, N-
dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine.
(13) Diethyltryptamine 7434
Some trade or other names: N,N-Diethyltryptamine; DET.
(14) Dimethyltryptamine 7435
Some trade or other names: DMT.
(15) Ibogaine7260
Some trade or other names: 7-Ethyl-6,6 Beta,7,8,9,10,12,13-octahydro-2-
methoxy-6,9-methano-5H-pyrido[1',2':1,2]azepino[5,4-b]indole;
Tabernanthe iboga
(16) Lysergic acid diethylamide 7315
(17) Marijuana 7360
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HB 2752 49
(18)(17) Mescaline 7381
(19)(18) Parahexyl 7374
Some trade or other names: 3-Hexyl-l-hydroxy-7,8,9,10-tetrahydro-6,6,9-
trimethyl-6H-dibenzo[b,d]pyran; Synhexyl.
(20)(19) Peyote 7415
Meaning all parts of the plant presently classified botanically as
Lophophora williamsii Lemaire, whether growing or not, the seeds
thereof, any extract from any part of such plant, and every compound,
manufacture, salts, derivative, mixture or preparation of such plant, its
seeds or extracts.
(21)(20) N-ethyl-3-piperidyl benzilate 7482
(22)(21) N-methyl-3-piperidyl benzilate 7484
(23)(22) Psilocybin 7437
(24)(23) Psilocyn7438
Some trade or other names: Psilocin.
(25)(24) Ethylamine analog of phencyclidine 7455
Some trade or other names: N-ethyl-1-phenyl-cyclo-hexylamine; (1-
phenylcyclohexyl)ethylamine; N-(1-phenylcyclohexyl)ethylamine;
cyclohexamine; PCE.
(26)(25) Pyrrolidine analog of phencyclidine 7458
Some trade or other names: 1-(1-phenylcyclohexyl)-pyrrolidine; PCPy;
PHP.
(27)(26) Thiophene analog of phencyclidine7470
Some trade or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine; 2-
thienyl analog of phencyclidine; TPCP; TCP.
(28)(27) 1-[1-(2-thienyl)-cyclohexyl] pyrrolidine 7473
Some other names: TCPy.
(29)(28) 2,5-dimethoxy-4-ethylamphetamine 7399
Some trade or other names: DOET.
(30)(29) Salvia divinorum or salvinorum A; all parts of the plant presently
classified botanically as salvia divinorum, whether growing or not, the
seeds thereof, any extract from any part of such plant, and every
compound, manufacture, salts, derivative, mixture or preparation of such
plant, its seeds or extracts.
(31)(30) Datura stramonium, commonly known as gypsum weed or jimson
weed; all parts of the plant presently classified botanically as datura
stramonium, whether growing or not, the seeds thereof, any extract from
any part of such plant, and every compound, manufacture, salts, derivative,
mixture or preparation of such plant, its seeds or extracts.
(32)(31) 1-(3-[trifluoromethylphenyl])piperazine
Some trade or other names: TFMPP.
(33)(32) 4-Bromo-2,5-dimethoxyphenethylamine 7392
(34)(33) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), its
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HB 2752 50
optical isomers, salts and salts of optical isomers 7348
(35)(34) Alpha-methyltryptamine (other name: AMT) 7432
(36)(35) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT), its
isomers, salts and salts of isomers 7439
(37)(36) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E) 7509
(38)(37) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D)
7508
(39)(38) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C)
7519
(40)(39) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I) 7518
(41)(40) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2)
7385
(42)(41) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]
ethanamine (2C-T-4) 7532
(43)(42) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H) 7517
(44)(43) 2-(2,5-Dimethoxy-4-nitrophenyl)ethanamine (2C-N) 7521
(45)(44) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P)
7524
(46)(45) 5–methoxy–N,N–dimethyltryptamine (5–MeO–DMT)
7431
Some trade or other names: 5–methoxy–3–[2–(dimethylamino)
ethyl]indole.
(47)(46) 2–(4–iodo–2,5–dimethoxyphenyl)–N–(2–
methoxybenzyl)ethanamine 7538
Some trade or other names: 25I–NBOMe; 2C–I–NBOMe; 25I; Cimbi–5.
(48)(47) 2–(4–chloro–2,5–dimethoxyphenyl)–N–(2–
methoxybenzyl)ethanamine 7537
Some trade or other names: 25C–NBOMe; 2C–C–NBOMe; 25C; Cimbi–
82.
(49)(48) 2–(4–bromo–2,5–dimethoxyphenyl)–N–(2–
methoxybenzyl)ethanamine 7536
Some trade or other names: 25B–NBOMe; 2C–B–NBOMe; 25B; Cimbi–
36.
(50)(49) 2-(2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine
Some trade or other names: 25H-NBOMe.
(51)(50) 2-(2,5-dimethoxy-4-methylphenyl)-N-(2-
methoxybenzyl)ethanamine
Some trade or other names: 25D-NBOMe; 2C-D-NBOMe.
(52)(51) 2-(2,5-dimethoxy-4-nitrophenyl)-N-(2-
methoxybenzyl)ethanamine
Some trade or other names: 25N-NBOMe, 2C-N-NBOMe.
(53)(52) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1 H-pyrrolo[2,3-
b]pyridine-3-carboxamide (5F-CUMYL-P7AICA) 7085
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HB 2752 51
(54)(53) 2-(ethylamino)-2-(3-methoxyphenyl)cyclohexan-1-one (other
names: methoxetamine, MXE) 7286
(55)(54) 1-(4-methoxyphenyl)-N-methylpropan-2-amine (other names:
para-methoxymethamphetamine, PMMA) 1245
(e) Any material, compound, mixture or preparation that contains any
quantity of the following substances having a depressant effect on the
central nervous system, including its salts, isomers, and salts of isomers
whenever the existence of such salts, isomers, and salts of isomers is
possible within the specific chemical designation:
(1) Etizolam 2780
Some trade or other names: (4-(2-chlorophenyl)-2-ethyl-9-methyl-6H-
thieno[3,2-f][1,2,4]triazolo[4,3-a][1,4]diazepine)
(2) Mecloqualone 2572
(3) Methaqualone 2565
(4) Gamma hydroxybutyric acid 2010
(5) 8-chloro-6-(2-fluorophenyl)-1-methyl-4H-benzo[f]
[1,2,4]triazolo[4,3-a][1,4]diazepine, its salts, isomers, and salts of isomers
(other name: flualprazolam) 2785
(6) 6-(2-chlorophenyl)-1-methyl-8-nitro-4H-benzo[f]
[1,2,4]triazolo[4,3-a][1,4]diazepine, its salts, isomers, and salts of isomers
(other name: clonazolam) 2786
(7) 8-bromo-6-(2-fluorophenyl)-1-methyl-4H-benzo[f]
[1,2,4]triazolo[4,3-a][1,4]diazepine, its salts, isomers, and salts of isomers
(other name: flubromazolam) 2788
(8) 7-chloro-5-(2-chlorophenyl)-1-methyl-1,3-dihydro-2H-benzo[e]
[1,4]diazepin-2-one, its salts, isomers, and salts of isomers (other name:
diclazepam) 2789
(f) Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture or preparation that contains any quantity
of the following substances having a stimulant effect on the central
nervous system, including its salts, isomers and salts of isomers:
(1) Aminorex 1585
Some other names: Aminoxaphen 2-amino-5-phenyl-2-oxazoline or 4,5-
dihydro-5-phenyl-2-oxazolamine
(2) Fenethylline 1503
(3) N-ethylamphetamine 1475
(4) (+)cis-4-methylaminorex ((+)cis-4,5-dihydro-4-methyl-5-phenyl-
2-oxazolamine) 1590
(5) N,N-dimethylamphetamine (also known as N,N-alpha-trimethyl-
benzeneethanamine; N,N-alpha-trimethylphenethylamine) 1480
(6) Cathinone (some other names: 2-amino-1-phenol-1-propanone,
alpha-amino propiophenone, 2-amino propiophenone and norphedrone)
1235
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(7) Substituted cathinones
Any compound, except bupropion or compounds listed under a different
schedule, structurally derived from 2–aminopropan–1–one by substitution
at the 1-position with either phenyl, naphthyl, or thiophene ring systems,
whether or not the compound is further modified in any of the following
ways:
(A) By substitution in the ring system to any extent with alkyl,
alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide substituents, whether
or not further substituted in the ring system by one or more other univalent
substituents;
(B) by substitution at the 3-position with an acyclic alkyl
substituent;
(C) by substitution at the 2-amino nitrogen atom with alkyl,
dialkyl, benzyl, or methoxybenzyl groups; or
(D) by inclusion of the 2-amino nitrogen atom in a cyclic
structure.
(8) N-benzylpiperazine (other names: BZP, 1-benzylpiprazine)
7493
(9) Methiopropamine
(N-methyl-1-(thiophen-2-yl)propan-2-amine) 1478
(10) 4,4′-Dimethylaminorex (4,4′-DMAR; 4,5-dihydro-4-methyl-5-(4-
methylphenyl)-2-oxazolamine; 4-methyl-5-(4-methylphenyl)-4,5-dihydro-
1,3-oxazol-2-amine) 1595
(11) Amineptine (7-[(10,11-dihydro-5 H-dibenzo[a,d]cyclohepten-5-
yl)amino]heptanoic acid) 1219
(12) Mesocarb (N-phenyl-N ′-(3-(1-phenylpropan-2-yl)-1,2,3-
oxadiazol-3-ium-5-yl)carbamimidate) 1227
(g) Any material, compound, mixture or preparation that contains any
quantity of the following substances:
(1) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl),
its optical isomers, salts and salts of isomers
(2) N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide
(thenylfentanyl), its optical isomers, salts and salts of isomers
(3) Tianeptine, its optical isomers, salts and salts of isomers
(h) Any of the following cannabinoids, their salts, isomers and salts
of isomers, unless specifically excepted, whenever the existence of these
salts, isomers and salts of isomers is possible within the specific chemical
designation:
(1) Tetrahydrocannabinols 7370
Meaning tetrahydrocannabinols naturally contained in a plant of the genus
Cannabis (cannabis plant), as well as synthetic equivalents of the
substances contained in the plant, or in the resinous extractives of
Cannabis, sp. and/or synthetic substances, derivatives, and their isomers
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HB 2752 53
with similar chemical structure and pharmacological activity such as the
following: Delta 1 cis or trans tetrahydrocannabinol, and their optical
isomers Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers
Delta 3,4 cis or trans tetrahydrocannabinol, and its optical isomers (Since
nomenclature of these substances is not internationally standardized,
compounds of these structures, regardless of numerical designation of
atomic positions covered.), except tetrahydrocannabinols in any of the
following:
(A) Industrial hemp, as defined in K.S.A. 2-3901, and
amendments thereto;
(B) solid waste, as defined in K.S.A. 65-3402, and amendments
thereto, and hazardous waste, as defined in K.S.A. 65-3430, and
amendments thereto, if such waste is the result of the cultivation,
production or processing of industrial hemp, as defined in K.S.A. 2-3901,
and amendments thereto, and such waste contains a delta-9
tetrahydrocannabinol concentration of not more than 0.3%; or
(C) hemp products, as defined in K.S.A. 2-3901, and amendments
thereto, unless otherwise deemed unlawful pursuant to K.S.A. 2-3908, and
amendments thereto.
(2) Naphthylmethylindoles
Any compound containing a 1H-indol-3-yl-(1-naphthyl)methane structure
with substitution at the nitrogen atom of the indole group by an alkyl,
haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group
whether or not further substituted on the indole group to any extent and
whether or not substituted on the benzyl or naphthyl ring to any extent.
(3)(2) Naphthoylpyrroles
Any compound containing a 3-(1-naphthoyl)pyrrole structure with
substitution at the nitrogen atom of the pyrrole group by an alkyl,
haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group
whether or not further substituted on the pyrrole group to any extent,
whether or not substituted on the benzyl or naphthyl ring to any extent.
(4)(3) Naphthylmethylindenes
Any compound containing a naphthylmethylindene structure with
substitution at the 3-position of the indene group by an alkyl, haloalkyl,
cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, 1-(N-
methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or
not further substituted on the indene group to any extent, whether or not
substituted on the benzyl or naphthyl ring to any extent.
(5)(4) Cyclohexylphenols
Any compound containing a 2-(3-hydroxycyclohexyl)phenol structure
with substitution at the 5-position of the phenolic ring by an alkyl,
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haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-
methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or
not substituted on the cyclohexyl ring to any extent.
(6)(5) 2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-
1,4-benzoxazin-6-yl]-1-napthalenylmethanone.
Some trade or other names: WIN 55,212-2.
(7)(6) 9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-
6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol
Some trade or other names: HU-210, HU-211.
(8)(7) Indole-3-carboxylate esters
Any compound containing a 1H-indole-3-carboxylate ester structure with
the ester oxygen bearing a naphthyl, quinolinyl, isoquinolinyl or
adamantyl group and substitution at the 1 position of the indole ring by an
alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
benzyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl
group, whether or not further substituted on the indole ring to any extent
and whether or not substituted on the naphthyl, quinolinyl, isoquinolinyl,
adamantyl or benzyl groups to any extent.
(9)(8) Indazole-3-carboxamides
Any compound containing a 1H-indazole-3-carboxamide structure with
substitution at the nitrogen of the carboxamide by a naphthyl, quinolinyl,
isoquinolinyl, adamantyl, benzyl, 1-amino-1-oxoalkan-2-yl or 1-alkoxy-1-
oxoalkan-2-yl group and substitution at the 1 position of the indazole ring
by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, benzyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-
morpholinyl)ethyl group, whether or not further substituted on the
indazole ring to any extent and whether or not substituted on the naphthyl,
quinolinyl, isoquinolinyl, adamantyl, 1-amino-1-oxoalkan-2-yl, 1-alkoxy-
1-oxoalkan-2-yl or benzyl groups to any extent.
(10)(9) Indole-3-carboxamides
Any compound containing a 1H-indole-3-carboxamide structure with
substitution at the nitrogen of the carboxamide by a naphthyl, quinolinyl,
isoquinolinyl, adamantyl, benzyl, 1-amino-1-oxoalkan-2-yl or 1-alkoxy-1-
oxoalkan-2-yl group and substitution at the 1 position of the indole ring by
an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, benzyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-
morpholinyl)ethyl group, whether or not further substituted on the indole
ring to any extent and whether or not further substituted on the naphthyl,
quinolinyl, isoquinolinyl, adamantyl, 1-amino-1-oxoalkan-2-yl, 1-alkoxy-
1-oxoalkan-2-yl or benzyl groups to any extent.
(11)(10) (1H-indazol-3-yl)methanones
Any compound containing a (1H-indazol-3-yl)methanone structure with
the carbonyl carbon bearing a naphthyl group and substitution at the 1
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position of the indazole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, benzyl, 1-(N-methyl-2-
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not
further substituted on the indazole ring to any extent and whether or not
substituted on the naphthyl or benzyl groups to any extent.
(12)(11) (1H-indol-3-yl)methanones
Any compound containing a (1H-indol-3-yl)methanone structure with the
carbonyl carbon bearing a naphthyl, quinolinyl, isoquinolinyl, adamantyl,
phenyl, benzyl or tetramethylcyclopropyl group and substitution at the 1
position of the indole ring by an alkyl,haloalkyl, cyanoalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, benzyl, 1-(N-methyl-2-
piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-
pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or
tetrahydropyranylmethyl group, whether or not further substituted on the
indole ring to any extent and whether or not substituted on the naphthyl,
quinolinyl, isoquinolinyl, adamantyl, phenyl, benzyl or
tetramethylcyclopropyl groups to any extent.
Sec. 19. K.S.A. 21-5706 and 21-5709 and K.S.A. 2025 Supp. 21-
5701, 21-5705, 65-4101 and 65-4105 are hereby repealed.
Sec. 20. This act shall take effect and be in force from and after its
publication in the statute book.
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