Bill > HB2752

Introduced Session

AN ACT concerning health and healthcare; establishing the Kansas health freedom act; setting standards for patient and caregiver identification cards to ensure legal access to medical cannabis; requiring medical providers to certify patients for medical cannabis use; protecting patients' rights, including firearm ownership and non-disqualification from medical care; establishing the Kansas medical cannabis agency within the department of health and environment; creating a medical cannabis tax fund for research and public health initiatives; ensuring confidentiality of patient records; authorizing the expungement of certain cannabis-related convictions; sealing of records related to decriminalized offenses; removing cannabis from the Kansas uniform controlled substances act; amending K.S.A. 21-5706 and 21-5709 and K.S.A. 2025 Supp. 21-5701, 21-5705, 65-4101 and 65-4105 and repealing the existing sections. WHEREAS, findings of the United States department of justice, drug enforcement administration, in the matter of docket no. 86-22, marijuana rescheduling petition, opinion and recommended ruling, finding of fact, conclusions of law and decision of administrative law Judge Francis L. Young stated, "Marijuana, in its natural form, is one of the safest therapeutically active substances known to man. By any measure of rational analysis marijuana can be safely used within a supervised routine of medical care."; and WHEREAS, The United States drug enforcement administration proposed to change the status of cannabis under the controlled substances act by moving it from schedule I to the less restrictive schedule III; and WHEREAS, Congress has enacted appropriations legislation prohibiting the United States department of justice from expending appropriated funds to prevent states from implementing their own medical cannabis law and issued guidance to United States attorneys indicating that enforcement of the controlled substances act is not a priority when individual patients and their medical care providers are in compliance with state law and that federal prosecutors should defer to state and local enforcement so long as a viable state regulatory scheme is in place; and WHEREAS, Forty states, three territories and the district of Columbia HB 2752 allow the medical use of cannabis products; and WHEREAS, More than 30 years of state-level policies provide a guide related to the medical use of cannabis; and WHEREAS, The American herbal pharmacopoeia and the American herbal products association have developed qualitative standards for the use of cannabis as a botanical medicine; and published a cannabis monograph providing standards for its identity, purity, quality and botanical properties; and WHEREAS, The national institute of standards and technology and the United States department of commerce have developed an integrated measurement services program for forensic and cannabis testing laboratories to help ensure the quality of routine analysis throughout the cannabis industry; and WHEREAS, Accredited educational curricula concerning the medical use of cannabis have been established, which meet continuing medical education requirements for practicing physicians; and WHEREAS, President Donald J. Trump signed an executive order on December 18, 2025, urging the United States health and human services agency, department of justice and affiliated agencies to complete the rescheduling process of transitioning cannabis from schedule I to schedule III under the controlled substances act, acknowledging generations of evidence proving therapeutic benefits of plant constituents and citing burdens on industry businesses and investors and limitations against research and development. Now, therefore:

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House Referred to Committee on Federal and State Affairs (on 02/06/2026)

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