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Minutes for HB2686 - Committee on Corrections and Juvenile Justice

Short Title

Removing felony violation of possession of marijuana and releasing people currently in prison for such violations.

Minutes Content for Wed, Feb 19, 2020

Natalie Scott gave an overview of HB2686.

Nadine Johnson testified in support of HB2686 on behalf of American Civil Liberties of Kansas. She stated passing the bill is a recognition of the need for reform and the changing landscape of marijuana laws across the country, including with our neighbors in Colorado, Oklahoma, and Missouri, where an automatic expungement effort is under way in Kansas City. (Attachment 2)

Bob Corkins testified in support of HB2686 on behalf of The Liberty Alliance. He stated at issue is whether the simple possession of a vegetable, and some of its derivative forms, will continue to authorize government to punish anyone as a felon in this state. The Liberty Alliance supports the decriminalization of marijuana as proposed in this bill and urges its enactment. (Attachment 3)

Reverend Sarah Oglesby-Dunegan testified in support of HB2686 on behalf of Kansas Interfaith Action. She stated it would allow people to escape a criminalized past, opening opportunities in housing, employment and education that they are kept from because they fell victim to an war on drugs that, against science and common sense, has treated marijuana the same as harder drugs. (Attachment 4)

Nick Reinecker testified in support of HB2686. He stated the bill represents a modest proposal to alleviate a little pressure on the back-end of the repugnant consequences from cannabis prohibition. (Attachment 5)  Mr. Reinecker requested to submit an article from the Pew Research for the Committee. Chairman Jennings asked the information be given to the Committee. (Attachment 6)

Written testimony in support of HB2686 was submitted by Mike Fonkert on behalf of Kansas Appleseed. (Attachment 7)

The Committee had questions and comments. Chairman Jennings asked Committee staff, Jordan Milholland with the Legislative Research Department, to inform the Committee about the marijuana laws in the surrounding states, Colorado, Missouri, Oklahoma, and Arkansas. (Attachment 8)

Ed Klumpp testified in opposition of HB2686 on behalf of Kansas Association of Chiefs of Police, Kansas Sheriffs Association, and Kansas Peace Officers Association. He stated they believe there are many unknowns that will be ignored in a blanket dismissal of these cases retroactively. (Attachment 9) Mr. Klumpp offered a Memorandum from the Kansas Sentencing Commission on the sentencing findings of 'possession of marijuana' from 2018. (Attachment 10)

Kim Parker testified in opposition of HB2686 on behalf of Kansas County and District Attorney’s Association. She stated they urge this body to think about the resources required to make this calculation change and the lack of resources available for individuals who have either not yet completed treatment or when released from prison may need treatment or other assistance that would be unavailable to those whose sentences were simply eliminated and the normal post release process would not apply. (Attachment 11)

The Committee had questions and comments.

Cheryl Kumberg, a Kansas Cannabis Nurse, sent the Committee an email with links on information of the states that have decriminalized marijuana and of the effects of cannabis during pregnancy. (Attachment 12)

Bob Corkins sent a email to the Committee with a link about using cannabis during pregnancy. (Attachment 13)

Scott Schultz sent an updated 2019 Sentencing Date memo. (Attachment 14)

Chairperson Jennings called for final questions from the Committee and then closed the hearing.

Chairperson Jennings adjourned the meeting.