Updated on November 19, 2021. Medical content reviewed by Dr. Joseph Rosado, MD, M.B.A, Chief Medical Officer
Medical Marijuana in Kansas (2021 Update)
Medical marijuana has not been legal in Kansas to date. However, patients may have something to look forward to in 2022. That is because the Kansas House passed House Substitute (H. Sub.) for SB 158. The legislation that will create the medical cannabis program in Kansas.
The Kansas Medical Marijuana Regulation Program would be created by passing the Kansas Medical Marijuana Regulation Act. The Senate did not get to the proposed legislation in 2021, but it will return in 2022 for review. The Kansas Institute of Health Published “A Kansas Twist – Digging Into State Medical Marijuana Laws” on November 5, 2021. And it is an excellent resource for Kansas residents to review if they want to learn more about the proposed MMJ laws.
FAQs
Who qualifies for medical marijuana in Kansas?
Medical marijuana is not yet legalized in Kansas. But if the legislation is passed in 2022, per the current draft of HB 2184, there will be a long list of qualifying health conditions.
In HB 2184, any patient over the age of eighteen years with one or more than one of the following diagnosed conditions may be eligible for medical cannabis in Kansas:
- HIV/AIDS
- Alzheimer’s Disease
- Amyotrophic Lateral Sclerosis
- Cancer
- Chronic Traumatic Encephalopathy
- Crohn’s Disease
- Epilepsy and Seizure Disorders
- Fibromyalgia
- Glaucoma
- Hepatitis C
- Inflammatory Bowel Disease
- Multiple Sclerosis
- Severe Intractable Pain
- Post-Traumatic Stress Disorder (PTSD)
- Sickle Cell Anemia
- Spinal Cord Disease or Injury
- Tourette’s Syndrome
- Traumatic Brain Injury
Patients will be required to have a formal diagnosis in their medical records. Doctors who perform the mandatory health evaluations (if legalized in Kansas) would need to have a patient doctor relationship. The patient would have to be treated by the physician for at least six months prior to receiving a medical cannabis referral.
What Medical Marijuanas are Available in KS?
None right now. Medical cannabis is not legalized in Kansas. However, the current proposed legislation indicates that smokable cannabis products would not be legally permitted as part of the medical cannabis program.
How Old Do You Have to Be to Get a Kansas Medical Card?
The current draft of HB 2184 indicates that patients would have to be aged eighteen (18) years or older, in order to receive medical cannabis.
Do I need to create my own MMJ patient profile?
This is not yet determined in the draft legislation. There is a plan to create an online patient registry, however, which may be used for payments, address changes and other administrative tasks.
Can I register my child for medical marijuana?
The HB 2184 draft legislation does provide a caregiver program. That means parents and legal guardians over the age of twenty-one (21) years will be able to provide assistance to minors. More than one caregiver may be registered to assist a minor per the current proposed legislation.
How can I become a caregiver for MMJ in KS?
Caregivers will need to apply with the state medical cannabis program, and provide documentation proving guardianship. There is also a requirement for caregivers to submit to a criminal background check to ensure they have no drug-related charges.
How do I renew my Kansas medical card?
HB 2184 states that the Kansas medical card will be valid for a period of one year, and annual renewal will be required. There will be a patient fee for annual renewal. Patients will also be required to undergo a health check with a certified physician regarding eligibility and the qualifying health condition.
What if I lose my medical card in KS?
Replacement of a lost, stolen or damaged medical card in Kansas will be possible. It is not mentioned currently in HB 2184 but like other states, may involve an online request form and fee.
Where do you get medical marijuana in Kansas?
Retail dispensaries are part of the drafted legislation that is up for approval in January 2022. It appears that the Kansas medical marijuana program will license a limited number of retail dispensaries to serve patients.
When did medical marijuana in KS become legal?
Medical cannabis is not yet legalized in Kansas. There is currently draft legislation in House Bill 2184 that provides the laws and regulations.
However, the Senate must review HB 2184 to determine if any further amendments are required. This is scheduled to begin on January 10, 2022.
The History of Medical Marijuana in Kansas
July, 2019—Gov. Laura Kelly signed SB 28 “Claire and Lola’s Law”. This provided an affirmative defense for the possession of clinical potency CBD oils with up to 5% THC in Kansas. The law also prevents the Department of Children and Families from removing a child that was being administered CBD oils for the treatment of health conditions.
Source Web 2021: klegislature.org
May, 2018—Gov. Jeff Colyer signed SB 282. The legislation removed clinical-grade cannabidiol (CBD) oil from being defined as marijuana. This permitted CBD oil to be legalized in Kansas.
Source Web 2021: khi.org
May, 2021—The Kansas House of Representatives approved the Medical Marijuana Legalization Bill on May 6, 2021. The bill traveled through the chamber with a 79-42 vote in favor and headed to the Senate.
The current draft of the Medical Marijuana Legalization Bill (HB 2184) would require physicians to have a six-month or longer relationship with a patient, prior to referring the patient for MMJ.
Medical cannabis legalization is supported by the current Gov. Laura Kelly, who has indicated she will sign the legislation if it is sent to her desk. HB 2184 has been adjourned until January 10, 2022.
Source Web 2021: kslegislature.org
