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Kansas cannabis and marijuana license

Kansas Cannabis and Marijuana License

The use of marijuana is completely illegal in Kansas. Moreover, the possession of even the smallest amounts of it is a misdemeanor crime. The only exception is the weed in the form of THC-free cannabidiol oil (also referred to as CBD). So, getting a Kansas cannabis and marijuana license is not yet possible for the state residents.

Medical cannabis in Kansas

Till now medical cannabis has not been legal in the state. Yet, there is little hope for patients in the future. The KS House has passed House Substitute for SB 158 (which will form the medical weed program).

The latter would come true when passing the state Medical Marijuana Regulation Act. In fact, the proposed legislation was not under the view of the Senate in 2021. However, it is supposed that there will be a review in 2022.

On November 5, 2021, the Institute of Health published “A Kansas Twist”. This may be a suitable resource for the state residents. It will be a review for them to know more about MMJ laws.

The history of non-recreational cannabis in KS

May 2018

SB 282 signed by Gov. Jeff Colyer: The law didn’t let to define the clinical-grade cannabidiol oil (CBD) as cannabis. It made CBD oil legal in Kansas.

July 2019

SB 28 ‘Claire and Lola’s Law’ signed by Gov. Laura Kelly: This confirmed protection for the possession of CBD oils (with up to 5% THC). It also doesn’t allow the Department of families and children to remove a child that administered CBD oils (for curing health disorders).

May 2021

The Legalization Bill was approved by the KS House of Representatives: In the chamber, it got 79-42 votes in favor and moved to the Senate.

The current legalization process supports Gov. Laura Kelly. She has claimed to sign it if it is sent to her table. HB 2184 has been postponed until January 10, 2022.

Criminal punishment

If you possess less than 16 ounces for the first time, you will be sentenced to imprisonment for a year and get a $2,500 fine. If you go on using more you will be fined $100,000 and imprisoned for 3 and more years.

In case you sell or distribute any quantity, the fine will be $300,000-$500,000. Also, depending on the amount and cruelty of the offense, there may as well be an imprisonment sentence.

Who can get medical weed?

As you already know, hemp is not yet legal in KS. However, the legislation may pass in 2022 per the present draft of HB 2184. In that case, there can be a huge list of qualifying health conditions.

As it is stated in HB 2184, any 18-year-old (or older) patient may be eligible for medicinal weed. The important factor is having one or more of the below-mentioned conditions:

  • Sickle Cell Anemia
  • Traumatic Brain Injury
  • HIV/AIDS
  • Tourette’s Syndrome
  • Spinal Cord Disease or Injury
  • PTSD (Post-Traumatic Stress Disorder)
  • Hepatitis C
  • Crohn’s Disease
  • Glaucoma
  • Cancer
  • Alzheimer’s Disease
  • Chronic Traumatic Encephalopathy
  • Fibromyalgia
  • Severe Intractable Pain
  • Multiple Sclerosis
  • Epilepsy and Seizure Disorders
  • Amyotrophic Lateral Sclerosis
  • Inflammatory Bowel Disease

It is necessary for patients to have formal diagnostics in their health records. To do the required health evaluations physicians must be in a patient-doctor relationship. There should be a 6-months doctor treatment to receive a hemp recommendation. The presence of these conditions is one of the most important points to getting a license. Similarly, it is in many other US states (Hawaii Cannabis License).

Which types of medical hemp are accessible in KS?

At present none of them is available. According to the current proposed legislation, smokable products will not be permitted.
Age requirements

The present HB 2184 draft shows that the acceptable age to have hemp is 18.

Is there a need of creating a private MMJ patient profile?

There is no evidence of it in the bill. In the future, an online patient registry can be created. It may be used to address changes, charges, and other administrative works.

Can a child be registered for non-recreational hemp?

In fact, the bill provides a caregiver platform. That is to say, legal guardians and parents (over 21 years old) can assist minors. Moreover, not only one but also more than one caregiver can register.

How to become a caregiver for MMJ?

Care providers must apply with the state medicinal marijuana program and present guardianship proving paperwork. Also, they will need to pass a criminal background check to make sure they have no drug-related charges.

How to obtain an MMJ ID?

If you want to have your medicinal ID, follow the below-listed instructions:

  1. Reserve an appointment: You can book an appointment to see a doctor when it is convenient for you. You should present basic medicinal history. Make sure the physician has a license. To clarify, without those records, doctors won’t approve your qualifying condition.
  2. Make a consultation: You should have a 10/15-minute consultation with the doctor to assess your illnesses and learn more details about your treatment. After it is finished you get a recommendation form for hemp. Only after it is in your hand, you can apply to the state.
  3. Get approval: After the second stage, you are to submit an application. The state processes it and an approval notification together with the card come to your mail. To conclude, only after the presence of the latter, you can go to the dispensaries.

The renewal of Kansas MMJ card

HB 2184 confirms that the validity of the card expires after a period of one year. So, annual renewal is to be a must. Also, a so-called patient fee must be required for that. Patients may have to pass a health check with a certified doctor. To explain, it is for regarding eligibility and the justifying health state.

The loss of the MMJ card

Replacing a damaged, stolen or lost ID is also to be possible. Currently, there is no point about it in HB 2184. However, like other countries, it may include an online request form and payment.

Where to get non-recreational cannabis in KS?

This point is a part of the bill either. So, retail dispensaries are considered to exist as well. Yet, only a limited number of the latter may have a license to serve patients.

MMJ regulations

  • All hashish production facilities must locate at a minimum of 300 feet apart from churches and day-care facilities and 750 feet away from schools.
  • The operation hours of drugstores should be between 8 AM and 10 PM.
  • Dispensaries, as well, must be not less than 300 feet away from churches, day-care facilities, and schools.
  • Hemp manufacturing, growing, and distribution means should follow the city’s existing zoning codes.

Alla M.

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