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Minutes for HB2389 - Committee on Judiciary

Short Title

Authorizing a notice to appear for unlawful possession of marijuana and defining complaint in the Kansas code of criminal procedure to include such notice to appear.

Minutes Content for Tue, Feb 23, 2021


Chairperson Patton opened the hearing on HB2389.  Natalie Scott proved an overview for HB2389(Attachment 1) There were no questions.


Gregory Smith (Attachment 2) stated this bill would provide equity in the way this offense is dealt with, regardless whether the investigating officer was employed by a municipal, county or state law enforcement agency. Mr. Smith and the organizations he represents feel this option allows deputies to have discretion for this type of charge.  Something they do not have now.

Representative Chris Croft actually appeared in person after the hearing for HB2376 was closed. Representative Croft's testimony appears here in the minutes to allow it to be read with all the testimony on HB2389(Attachment 3) Representative Croft stated HB2389 is designed to establish a consistent practice between local, state and county law enforcement.  Local law enforcement can issue notice to appears (NTAs) for minor marijuana possession where county and state are not. If one is stopped for the same exact offense, a different outcome will happen based on the law enforcement official involved. It is discrepancies as these which cause issues for our law enforcement officials. This bill is NOT intended to be soft on crime. It is designed to provide consistency.

Both proponents stood for questions.


Kendall Seal (Attachment 4) explained The ACLU of Kansas urges this Committee to amend HB2389 to broaden its reach to more Kansans who are in possession of controlled substances other than just marijuana. As a more pressing issue, we urge this committee to not replace marijuana prohibition with a system of fines, fees, and citations.  Ms. Seal stood to answer questions from the membership.

Written Proponents

  • ED Klump, Kansas Sheriffs Association & Kansas Peace Officers Association (Attachment 5)
  • Denise Rock, Mother of Leighton Rock, Constituent (Attachment 6)

Chairperson Patton asked if there were any additional conferees. Being none, he closed the hearing on HB2389,