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Minutes for SB135 - Committee on Federal and State Affairs

Short Title

Creating the medical cannabis regulation act to regulate the cultivation, processing, distribution, sale and use of medical cannabis.

Minutes Content for Thu, Mar 16, 2023

The Chairman called for opponent testimony in the hearing continuation on SB135.

Oral Opponent Testimony

Senator Dr. Mark Steffen spoke as an opponent of the bill.  He spoke from the perspective of a physician, stating marijuana is as addictive as methamphetamine, is ten times worse for your lungs than tobacco, and medical tetrahydrocannabinol (THC) is available to every Kansas citizen via Federal Drug Administration (FDA) approved medications available by prescription.  He also stated "medical" marijuana is a ruse to eventually legalize recreational marijuana and to addict our society.  (Attachment 1)

Brian Surber, Deputy Director, Oklahoma Bureau of Narcotics, spoke as an opponent of the bill.  He covered the background of Oklahoma's legalization of cannabis, the "science and anecdotes", the "science and epilepsy", "the science and marijuana as an alternative to pain medication", the black market which has emerged in Oklahoma, crime, and the local impact.  (Attachment 2)

Sheriff Jeff Easter, Sedgwick County, Legislative Committee Chair, Kansas Sheriff's Association, spoke as an opponent of the bill.  He stated they are concerned with the unintended consequences of this legislation on public safety in Kansas, including in the jails, who need an exemption from giving marijuana to prisoners.  He stated marijuana is not medicine, and currently cannot be taken into a jail for any reason.  He said there would be no way for them to tell if a medical card is valid.  He also stated the driver who killed 22 year old Deputy Sidnee Carter recently, was high on marijuana.   (Attachment 3)

Tony Mattivi, Director, Kansas Bureau of Investigation, spoke as an opponent of the bill.  His testimony focused on three areas:

1. The impact on their forensic science laboratory

2. The public safety impact on Kansas with legalization

3.  The difficulty of enforcement with medical cannabis.

He discussed the THC levels in different products like edibles and patches, stating one gummy can have the equivalent of 17 to 50 joints.  Their forensic laboratory is not equipped to quantitate up to the levels of THC allowed in this bill.  It will impose another burden on their already overburdened forensic departments, and the sugar in the gummies are damaging their machines when having to test edibles. (Attachment 4)

Dr. Eric Voth, Kansas Medical Society, spoke as an opponent of the bill.  He practices as a pain and addiction doctor.  He said yesterday there was testimony that there's no connection between schizophrenia and marijuana.  He noted there are 52 studies showing there is in fact a correlation, and at much lower concentration of marijuana than this bill allows for.  He said the bill is highly flawed, mentioning that minors will be exposed to marijuana under the bill, of the 27 diagnosis' listed, the only legitimate one is certain forms of pain, and studies show it's a placebo effect.  He also stated the Kansas Department of Health and Environment already has their hands full.  (Attachment 5)

Lauren Shiffman, private citizen, spoke as an opponent of the bill.  She stated we can learn from other states that have legalized marijuana and can see the damage that has been done.  She said there's no way to control the black market, and our society will be damaged for a little extra cash for the state.  She stated the bill will lead to recreational use, cause out of control crime, and the cannabis is too potent these days.  (Attachment 6)

Steve Howe, District Attorney for Johnson County, spoke as an opponent of the bill.  He's concerned about the bill from a public health and safety perspective.  He stated the medical use of cannabis is not backed by evidence from clinical trials, and the Veterans Affairs Hospital in Clay County, MO won't allow their veterans to have it, even though it's legal in Missouri.  He stated no power of attorney is required for people to give to others, including minors. He reiterated that the American Medical Association has been clear about their stance of legalizing marijuana and the potential harm it has on people. (Attachment 7)

Donna Lippoldt, Director, Culture Shield, spoke as an opponent of the bill.  She stated there have been increased suicides, addiction crisis and overdoses, homelessness, black market problems, and other issues with legalizing medical marijuana.  She said, "There's no right time to do a wrong thing."  (Attachment 8)

Phillip Cosby, American Family Action, spoke as an opponent of the bill.  He stated the bill is so bad, it is not fixable, and "seed to sale is a farce."  He compared the bill to buying a lemon of a car, and that Oklahoma has buyer's remorse for legalizing medical marijuana.  He said "there is nothing but red warning lights on this lemon, from every state agency, association, and supported by the historical slide from medical to recreational use".  (Attachment 9)

Nick Reinecker, private citizen, spoke as an opponent of the bill.  He asked how, with 478 Kansans having Missouri medical cards now, are we going to enforce this?  He referred the committee to his written testimony given little time available for his oral testimony.  (Attachment 10)

Opponent Written Only Testimony

Katie Whisman, Stand up Kansas (Attachment 11)

BD, private citizen (Attachment 12)

JoLynne Voet, private citizen (Attachment 13)

JuLee Adams, private citizen (Attachment 14)

Kathryn Ewertz, private citizen (Attachment 15)

Carisa McMullen, private citizen (Attachment 16)

Mary Pilcher Cook, former State Senator (Attachment 17)

Kaylene Campbell, private citizen (Attachment 18)

David French, former State Representative (Attachment 19)

Eileen Fangman, private citizen (Attachment 20)

Kathleen Weaver, private citizen (Attachment 21)

Jill O'Connor, private citizen (Attachment 22)

Deborah Latendresse, private citizen (Attachment 23)

Kathy Martin, private citizen (Attachment 24)

Richard Mullen, private citizen (Attachment 25)

Sherry Williams, private citizen (Attachment 26)

Margaret Westcott, private citizen (Attachment 27)

Greg Smith, Special Deputy for Government Affairs, Johnson County Sheriff’s Office (Attachment 28)

Lucrecia Nold, Policy Specialist, Kansas Catholic Conference (Attachment 29)

Brittany Jones, Director of Policy and Engagement for Kansas Family Voice (Attachment 30)

Julie Edmondson, private citizen (Attachment 31)

Cynthia Martin, private citizen (Attachment 32)

Brian Peete, Director of the Riley County Police Department (Attachment 33)

Debbie Mize, Kansans for Health Freedom (Attachment 34)

Amy Mitchell, Founder of Anchor Her (Attachment 35)

Kathy Martin, private citizen (Attachment 36)

Roberta Bretz, private citizen (Attachment 37)

Following a period of questions and answers, the Chairman closed the hearing on SB135.