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March 22, 2023
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Minutes for HB2706 - Committee on Federal and State Affairs

Short Title

Specifying that final hemp products may contain a delta-9 tetrahydrocannabinol concentration of not more than 0.3% and allowing certain prohibited hemp products to be manufactured, marketed, sold or distributed.

Minutes Content for Thu, Mar 3, 2022

Chairperson Barker opened the hearing on HB2706.  The Revisor provided an overview of the bill.  A question was asked by Representative Waggoner.

Chairperson Barker recognized Robert Anderson as a proponent of HB2706 (Attachment 3).  He stated that currently across Kansas, there are certain intoxicating hemp products being possessed, distributed, sold and consumed that are illegal under Kansas law but are legally protected under federal law.  HB2706 will more closely align Kansas law with federal law. 

Chairperson Barker recognized Heather Steppe who testified as a proponent of HB2706 (Attachment 4).  She stated that Delta 8 products have saved their business from going under during the pandemic and allowed them the opportunity to continue helping patients.  Matching state law with federal law would greatly alleviate the gray area that exists in the statute.  The livelihoods of countless business owners and patients are truly at risk without passage of this bill.

Chairperson Barker recognized Kelly Rippel as a proponent (Attachment 5).  He asked the Committee to pass this bill to ensure there are robust testing protocols in place for cannabis-based products and to regulate labeling requirements to protect public health.

Chairperson Barker opened the floor for questions.  Questions were asked by Representatives Clayton, Miller, and Eplee. 

Chairperson Barker asked Research to advise what other states allow the Delta 8 and Delta 9 products. 

At the request of Representative Hoheisel, Chairperson Barker requested a copy of the Attorney General opinion referred to in the proponent testimony.  (Attachment 6)

Chairperson Barker noted that there was written proponent testimony from Sean Picketts, CBD American Shaman, Kansas City, KS (Attachment 7); Daren York, Green Acres Farm (Attachment 8); Maher El Gergawi, Vapes R Us, Johnson County, KS (Attachment 9); Sharon L. Gordon, Bloomer Botanicals, LLC, Winfield, KS (Attachment 10); Robert L. Hiatt, III, High Point Pharms, LLS, Reno County, Kansas (Attachment 11); Natalie Greenlee, The Health Connection, Wichita, Kansas (Attachment 12); Dustin Hothan, PharmD, CBD of Lawrence (Attachment 13); Troy Flager, SugarLeaf Distributing, Hutchinson, Kansas (Attachment 14); Rebecca Boswell, GreenCloud CBD & Vape, Osage County, Kansas (Attachment 15); Josh McMillin, Alterna Bud, Johnson County, Kansas (Attachment 16); Chantal Roberts, CMR Consulting, Olathe, Kansas (Attachment 17); Susan Pitts, Phoenix Natural Wellness, Baldwin City, Kansas (Attachment 18); Lori Rohling, Quint Liquor, Pratt, Kansas (Attachment 19); and Sarah Stephens, Kansas Hemp Consortium (Attachment 20).

Chairperson Barker recognized Ed Klumpp, who testified as an opponent on HB2706 (Attachment 21).   He stated his associations have deep concerns about this bill.  He stated that the language change on page 1, lines 17-20 is not consistent with the terminology used elsewhere in the Kansas statutes.  The inclusion of Delta 9 in the bill will limit the results of any form of THC.  This is problematic from a public safety perspective. 

Robert Jacobs testified as an opponent to HB2706 (Attachment 22).  He stated that the KBI is concerned about the change to the definition of delta-9 tetrahydrocannabinol concentration.  This change could be interpreted to mean that only delta-9 THC must be under the 0.3 percent limit.  This would not measure the total amount of THC in the hemp plant or product.  This could violate the 2018 farm bill.

Chairperson Barker recognized Shawn Minihan as an opponent to HB2706 (Attachment 23).  He stated that he is concerned about the intoxicating effect and the impact Delta-8 will have on both children and adults.  This would also nullify the marijuana laws because a person could get high legally by buying this at a CBD store.

Chairperson Barker recognized Kenneth Titus as an opponent on HB2706 (Attachment 24).  He stated that the Department of Agriculture's main concern with HB2706 is changing the definition of Delta-9 THC concentration.  The way the proposed amendment is written would cause their existing hemp plan, which must be approved by the United States Department of Agriculture, to become non-compliant with federal law.

Chairperson Barker recognized Nick Reinecker as an opponent to HB2706 (Attachment 25) (Attachment 25A).  He stated that cannabis in any form should not be a state-controlled substance.

Chairperson Barker opened the floor for questioning of the opponents.  Questions were asked by Representatives Eplee, Waggoner, and Miller.

Chairperson Barker noted that there was written opponent testimony from Doug Jorgensen, State Fire Marshall (Attachment 26).

Chairperson Barker asked the parties to try to work out their differences because he plans to work this bill at a later time.

Chairperson Barker closed the hearing on HB2706.