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Minutes for HB2184 - Committee on Federal and State Affairs
Short Title
Creating the Kansas medical marijuana regulation act.
Minutes Content for Thu, Mar 25, 2021
Chairperson Barker stated that because of the large number of amendments, they will be doing things a little differently today. The amendments will be taken up first and then he will see what amendments will get put on the bill. The Revisor will then need some time to reconcile all the amendments. At some point after that, the Chair will open up the original HB2184 and call for a motion to insert all the amendments that have been approved. Assuming those are approved, he will then ask for a motion to pass out HB2184. He has discussed this matter with leadership and he thinks they will give him at least one day to further discuss and work the bill if that becomes necessary.
Chairperson Barker asked the Committee to open up the Carpenter No. 1 Amendment (Attachment 1). Revisor Sterling provided an overview of the amendment.
Chairperson Barker stated the procedure will be that they will go through each page of the amendment. If someone has an objection to that section, the Chairman will make note of it and they will come back to it. They will then go on to the next section and do the same.
Representative Highberger stated he objected to adding "space force, any state" which is the amendment on page 3.
Following discussion, there was no objection to the balloon amendments on page 5.
Representative Carpenter stated that he is willing to leave in Section 16 on pages 10 and 11 at this time.
Discussion ensued with regard to the balloon amendments on page 14. Representative Highberger stated his objection to the first balloon amendment because it essentially gives the committee a pocket veto.
There were no objections to the amendments on pages 18, 20, 21, 25, and 28.
Representative Garber objected to the balloon amendments on pages 23 and 24.
Chairperson Barker stated that they will now discuss those sections where objections were made. Following discussion, Representative Highberger withdrew his objection to the balloon amendment on page 3.
Representative Burris stated he objects to Section 16 on pages 10 and 11. Representative Carpenter stated that there will be another amendment which would allow reciprocity between all 50 states which he opposes. That is why he wants to keep section 16 in the current amendment.
Representative Highberger stated his objection to the first balloon amendment on page 14 because it essentially gives the committee a pocket veto. Representative Carpenter stated he would prefer keeping the denial in, but he would defer to the vote of the Committee. Chairperson Barker stated that the Committee will vote on this.
Chairperson Barker opened discussion on Representative Garber's objection to the balloon amendment on page 23. Chairperson Barker stated that Representative Garber could make a substitute motion when the Committee votes on this portion.
Discussion ensued on the balloon amendments on page 24. Representative Garber withdrew his objection.
Representative Carpenter stated according to his notes, there will be debate and a vote on pages 10 and 14.
Representative Carpenter moved to restore section 16 on pages 10 and 11 in Carpenter Amendment No. 1, seconded by Representative Howe. An oral vote was taken. It was the opinion of the Chair the ayes had it. The motion was approved.
Chairperson Barker stated that the next objection to be voted on is on page 14.
Representative Highberger made a motion to amend the language in the first balloon amendment on page 14 to change the word "denial" to "approval," seconded by Representative Ruiz. An oral vote was taken. The amendment failed.
Representative Carpenter moved that the balloon amendments on page 14 of Carpenter Amendment No. 1 be passed, seconded by Vice-Chairperson Arnberger.
Discussion ensued.
Representative Carpenter closed on his motion. Following an oral vote, the balloon amendments on page 14 of Carpenter Amendment No. 1 were approved.
Chairperson Barker directed the Committee's attention to the balloon amendment on page 23.
Representative Garber moved to change the language in the balloon amendment on page 23 from "24" months to "12" months, seconded by Representative Carpenter.
Discussion ensued.
Representative Garber closed on the motion. Following an oral vote, the opinion of the Chair was the ayes had it. Division was called. A vote was taken by a raising of hands. The amendment to change the language in the balloon amendment on page 23 from "24" months to "12" months was approved by a vote of twelve ayes and nine no votes.
Representative Carpenter moved to favorably pass Carpenter Amendment No. 1, as amended, seconded by Representative Penn. Following an oral vote, Carpenter Amendment No. 1, as amended, was favorably passed.
Chairperson Barker stated that the Committee will now debate Carpenter Amendment No. 2 (Attachment 2). The Revisor provided an explanation of the amendment.
Chairperson Barker asked for discussion on the balloon amendment on page 6 which changes the penalty level to a level 7, nonperson felony, which is a presumptive probation level. Representative Highberger objected to this amendment.
Following discussion on the amendments on page 8, no objections were noted.
Representative Carpenter stated that the balloon amendment on page 11 is outdated because after yesterday's meeting, he and Representative Eplee married their two amendments together (Attachment 3). The Revisor explained the amendment. Representative Carpenter stated that this would be a substitute amendment for the language on page 11 of Carpenter Amendment No. 2. Representatives Carpenter and Eplee further explained the details of Carpenter Amendment No. 3. Representative Garber stated that he had an objection to this amendment.
Chairperson Barker opened the discussion on pages 16 and 25 of Carpenter Amendment No. 2. Representative Carpenter asked that they come back to these amendments since he anticipates there will be a lively debate on them. The Chairman agreed.
Chairperson Barker opened the discussion on page 22 of Carpenter Amendment No. 2. The Revisor explained the balloon amendments on that page. Following discussion, Representative Waggoner objected to these balloon amendments.
Chairperson Barker asked if there were any objections to the balloon amendment on page 29. Representative Garber stated that it should state that it's relating to medical marijuana. Discussion followed.
Chairperson Barker stated that they will stop for today. He hopes to continue working on this next week.
There being no further business to come before the Committee, the meeting was adjourned at 10:22 a.m.
