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Dec. 15, 2019
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Minutes for SB282 - Committee on Health and Human Services

Short Title

Updating substances included in schedules I, II and III of the uniform controlled substances act.

Minutes Content for Thu, Mar 15, 2018

After calling the meeting to order, the Chairperson called upon the Revisor's office to review and update the committee concerning SB282 which was scheduled for action at the pleasure of the committee.

Norm Furse, Revisor Emeritus, Office of the Revisor of Statutes, reviewed SB282 and explained that it amends and updates Schedule I, II, and III of the controlled substances Act (Attachment 1).

The Chairperson stated that Mr. Furse was asked to review the bill because he wanted to assure the committee that they had the authority, on an emergency basis, to move kratom to Schedule I if it was learned that it was a dangerous drug and it was necessary to do so.

Representative Dove moved, Representative Powell seconded to pass out SB282 favorably.

Representative Eplee moved a proposed balloon amendment which would remove any reference to kratom from the list of controlled substances and place it the list of supplements.  Representative Osterman seconded the motion to amend the bill  (Attachment 2).

Discussion and debate ensued with committee members voicing their concerns because of all of the controversy over kratom in the past few months.  There were varied opinions why they would or would not support the amendment, with some supporting because of the fact that were few reported cases of overdose and if it is taken away from the people using it, they could possibly, migrate to a deadlier drug.  Another Representative stated support of the amendment because, she said, all drugs on the Schedule I list have no medicinal value and with all of the emails she received from the large number of people using kratom and being helped by it, she has not heard of any reported kratom epidemic.  Another Representative reported support of the amendment because if kratom turns out to be deadly and should be rescheduled as extremely dangerous, it can be moved, on an emergency basis to the Schedule I list of drugs.  Another Representative stated their agreement with the Kansas Bureau of Investigation and law enforcement, and would vote against the amendment; another stated  that the drug appears that it could be risky and feels the drug needs further research so she would not support the amendment.

Representative Eplee closed his amendment and the amendment was adopted on a voice vote. 

Representative Concannon requested her "No"  vote be recorded in writing in the permanent written record of these minutes.

Representative Hawkins offered a proposed amendment, to SB282, and explained that the amendment, if passed, would list CBD product as a supplement in the bill, and asked Norm Furse to further explain his amendment's contents so it would be clearly understood by the committee (Attachment 3).

Representative Hawkins moved with Representative Dove seconding the motion to place CBD product on the supplement list.

Considerable time was used in discussion and debate with pros and cons concerning the listing of CBD as a supplement.  There was some concern that CBD could possibly be a gateway drug.

Representative Hawkins closed his amendment and a voice vote was taken on the motion to amend. The outcome could not be determined; therefore, division was called and the amendment passed on a show of hands with an affirmative vote of 9 to 7. 

Representative Barker requested his "No" vote be recorded in the permanent written record of the minutes.

Representative Dove restated his motion to pass out favorably SB282 as amended.  Representative Eplee seconded the motion and SB282 passed out of committee as amended on a voice vote.