STATE OF KANSAS 1994 Regular Sessions
A Bill This bill shall be known and may be cited as the Kansas Cannabis Crime Prevention Act.
Be it enacted by the Senate and the House of Representative of the State of Kansas in Congress assembled, Section 1. SHORT TITLE This act may be cited as the Kansas Cannabis Crime Prevention Act. Section 2. FINDINGS The Senate and the House of Representative of the State of Kansas find that: (a) Having spent more than $10 billion per year on federal, state, and local efforts to enforce the prohibition of illicit drugs, drugs continue to become more widely available and inexpensive over time. (b) Cannabis prohibition wastes police efforts and drains public resources to no effect, subjects cannabis users to arrest and property seizure for growing an intoxicant less harmful than alcohol, and fosters an underground market that exploits children while generating huge illicit, untaxed profits that debase our economy and corrupt our justice system. (c) Kansas' already overcrowded prisons cannot handle the influx of those arrested for crimes related to the use, sale, and distribution of Cannabis. (d) Alcohol prohibition caused many of the same social ills before being replaced by regulatory laws which have granted alcohol users the privilege of buying alcohol, imposed strict penalties protecting children , and generated substantial public revenues. (e) Courts of the states of Alaska, Hawaii, and Michigan have noted presidential commission findings and scientific studies which: (1) characterize Cannabis as a relatively harmless euphoriant for which the Drug Enforcement Administration has found no medical evidence of a lethal overdose; (2) show that cannabis use produces no physical dependence or withdrawal symptoms; (3) disprove the "stepping stone" or "gateway drug" argument that cannabis use leads to use of other drugs, pointing out tobacco and liquor as the true entry level drugs; (4) establish that long-time, heavy cannabis users do not deviate significantly from their social peers in mental function; and (5) find no rational basis for treating Cannabis as more dangerous than alcohol. (f) Furthermore, medical evidence clearly shows that the distress of great numbers of very ill people may be relieved by cannabis. (g) The legislature finds that cannabis hemp is an environmentally safe agricultural crop that yields per acre more pulp that timber, more methanol than corn and more protein than soybeans; that hemp fiber makes strong rope, fine paper, stronger, much longer-lasting fabric than cotton (without pesticides, herbicides, or fear of draught); that hemp pulp requires no bleaching with toxic chemicals; and that hemp produces oil for cooking and lubrication. (h) The legislature declares that justice, order, the perpetuation of liberty and the peace, safety and happiness of the people demand replacement of a costly, self-defeating prohibition with regulatory laws controlling cultivation, sale, and use of cannabis, while protecting children with education and strict penalties, funding effective drug abuse treatment program, and providing substantial revenues for tax relief. Section 3. DEFINITIONS (a) "Abuse" shall mean repetitive or excessive drug use such that individual fails to fulfill a statutory or other legal duty, including, but not limited to the duties owed by parents to children, by motorists to pedestrians and other motorists, and by employees to employers, fellow employees or the public. (b) "Cannabis" shall mean all parts of the plant of the genus Cannabis, whether growing or not; the resin extracted from any part of the plant' and every compound, derivative, mixture, or preparation of the plant or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil, cake, or the sterilized seed of the plant which is incapable of germination. (c) "Hemp" shall mean the seeds, stems, and stalks of the cannabis plant and all other parts, products, and by-products of the cannabis plant not containing cannabinols in concentrations established by the authority to be psychoactive. (d) "Cultivation" shall mean growing the cannabis plant. (e) "Manufacture" shall mean engaging in the making of rope, paper, cloth or any other product from hemp. (f) "Person" shall mean a natural individual or corporate entity of any kind, including a government subdivision or agency, business trust, estate, or trust. (g) "Office" shall mean the Office of Cannabis Control as mandated by Section 8 of this Act. Section 4. CANNABIS NORMALIZATION POLICY This Act shall be implemented so as to minimize the abuse of cannabis; to prevent the sale of cannabis to minors; and to protect the peace, safety and happiness of the people of the State of Kansas while preserving to them the greatest measure of liberty guaranteed in the United States Constitution and the Kansas State Constitution. Such rules and regulations shall be promulgated as to discourage and minimize the diversion of cannabis to illicit sale or use within the state, the illicit importation and sale of cannabis cultivated or processed outside the state, and the illicit export or removal of cannabis from the state. The state's jurisdiction shall extend to any person who cultivates, processes, or transports cannabis within the state for profit, and shall not extend to any person who manufactures products from hemp or to any person who cultivates cannabis for personal, family, or social use. The importing, manufacture, distribution, sale , or possession of cannabis shall not be prohibited if done in compliance with the conditions and restrictions set forth in this Act. Section 5. REPEAL OF EXISTING CANNABIS LAWS The following Acts, Laws, and Statutes are hearby repealed: Section 6. SALES TO MINORS BANNED (a) Acquisition by minors prohibited; penalties. Except as provided by Section 6(b), no person under twenty-one years of age shall purchase, attempt to purchase, consume, possess, or otherwise acquire cannabis. A violation of this section is punishable by a fine to be determined. (b) Sale or provision to minors; penalties. The sale or gratuitous provision of cannabis to a minor shall be a class A misdemeanor, as defined in the penal law. this section shall not prohibit a parent or guardian of a minor over eighteen years of age from providing cannabis to such minor for use while in a private residence and while accompanied by the parent or guardian. Section 7. PUBLIC CONSUMPTION PROHIBITED Consumption of cannabis in any public place shall be punishable as a Class A misdemeanor, except that consumption in any place of business which does not admit minors and which, by clear and unmistakable signs, gives notice that cannabis may be consumed within shall not violate this section. Section 8. TAX SCHEDULE FOR COMMERCIAL CANNABIS There is hereby established in the joint custody of the Office of Cannabis Control and the Kansas Department of Revenue a special revenue fund to be known as the cannabis fund. Such fund shall consist of all moneys appropriated for the purpose of such fund and all revenue generated under Section 8(a) of this Act. (a) All cannabis sales to the ultimate consumer shall be taxed at the rate of one dollar per gram plus applicable sales tax collected by the Kansas Department of Revenue and overseen by the Office of Cannabis Control (b) The Kansas Department of Revenue shall require the affixing to cannabis packages a tax stamp which shall show the amount of cannabis in the package, the tax paid, the date of the cannabis transaction, a warning as to potential for abuse, notice of regulations prohibiting resale within or removal from the State of Kansas, and license number of the cultivator and retailer. (c) Moneys of such fund shall be appropriated as follows bi-annually: (1) sixty percent of the cannabis fund will go to the Office for expenses incurred in fulfilling the duties proscribed in this Act; (2) thirty percent of the cannabis fund shall be apportioned to Kansas public school districts proportionally based upon enrollment; (3) and ten percent of the cannabis fund shall be granted to organizations offering education and help to all types of drug abusers. Section 9. OFFICE OF CANNABIS CONTROL (a) There is hereby established in the State of Kansas the Office of Cannabis Control. (b) The Governor of Kansas shall appoint a Director to the Office of Cannabis Control whose appointment shall be subject to the advice and consent of the Kansas State Senate and who shall serve at the pleasure of the Governor. (c) Subject to appropriation from Congress, the Kansas Attorney General shall assure that the Office of Cannabis Control shall have sufficient staff and other law enforcement resources necessary to carry out its duties and responsibilities under this Act. (d) The Office of Cannabis Control shall determine its internal organization, structure, and rules of procedure. (e) Authority to promulgate rules and regulations necessary to the successful implementation of this act shall lie in the Director of the Office of Cannabis Control. Section 10. DUTIES OF THE OFFICE OF CANNABIS CONTROL The Office of Cannabis Control shall have the following functions, powers, and duties: (a) To issue or refuse to issue any license or permit provided for in this Act, (b) To revoke, cancel or suspend for cause any license or permit issued under this chapter; (c) To fix by rule the standard of manufacture in order to insure the use of proper ingredients and methods in the manufacture of cannabis to be sold, to test and reject cannabis containing adulterants or pesticides in concentrations known to harm humans; (d) To keep records in such form as may be prescribed by the Office of all licenses issued and revoked; such records shall be so kept as to provide ready information as to the identity of licenses including the names of the officers and directors of corporate licensees and the location of all licensed premises; (e) To inspect or provide for the inspection of any premises where cannabis is commercially cultivated, stored, or sold; (f) To prescribe forms of applications for licenses and permits under this Act and all reports which it deems necessary to be made by any licensee. (g) To make an annual report to the Governor and the State Congress of its activities for the preceding year. (h) The powers provided in this section may be delegated by the Office to any employee of the Office acting in an official capacity. Section 11. OFFICE OF CANNABIS CONTROL REPORTING DUTIES The Director of the Office of Cannabis Control shall report to Congress no later than one year from the effective date of this Act, as to the effectiveness of this Act including: (a) Change in crime rates. (b) The number and mix of licensed importers, manufacturers, distributors, wholesalers, and retailers of cannabis. (c) The quantity of cannabis sold in accordance with this Act. (d) The number and types of convictions for violations of this Act, and penalties imposed by the Kansas state and district courts, (e) Change in prison population. (f) Estimates of the number of people using cannabis. (g) Cannabis related motor vehicle and industrial accidents, and hospital admissions. (h) Such other information as the Director feels is necessary or Congress requires for the evaluation of this Act. Section 12. OBTAINING A LICENSE (a) Any person wishing to engage in the importing, manufacture, distribution, or sale of cannabis shall obtain a license pursuant to the procedures established by the Office of Cannabis Control. (b) Application for licensing shall be made in writing, in addition to such other information as the Office may determine shall be furnished in any application for a license under this Act, the following information shall be given: (1) The name, age, and residence of each applicant and, if there be more than one and they be partners, the partnership name and the age and residence of several persons so applying, and the facts as to their citizenship; (2) The name and residence of each person interested, or to become interested, in the business covered by the license for which the application is made, together with the nature of such interests; and if such applicant be a corporation, the application shall set forth the name of the corporation, the names of its directors or other governing body, the names of its officers and stockholders if it be a stock corporation, and the state under the laws of which it is organized; (3) The premises to be licensed, stating the street and number, if the premises have a street and number, and otherwise such apt description as will reasonably indicate the locality thereof. The applicant shall also state the nature of one's interest in the premises; and the name of any other person, either as principal or associate, interested with the applicant either in the premises or in the business to be licensed. (4) A statement that such applicant has not been convicted of a felony other than the sale, possession , importing, or manufacture of any cannabis or hemp as defined by this act and prior to the enactment of this Act; and that one has not had a license issued to him under this Act revoked for cause. (5) A list of any State Liquor licenses currently or previously issued to the applicant and a statement that one has not had a State Liquor license revoked for cause, or the circumstances surrounding the revocation of any State Liquor license prior to this application. (6) A statement, signed by the duly authorized official of the locality, municipality, town, city, or county, in which the applicant intends to engage in the cultivation, manufacture, or retail sale of cannabis which states that the applicant's business is in compliance with all state or local health, occupancy, or zoning regulations. (c) If there be any change, after the granting of a license, in any of the facts required to be set forth in such application, a supplemental statement giving notice of such change, duly verified, shall be filed with the Office within ten days after such change. Failure to do so shall, if willful and deliberate, be cause for revocation of the license. In giving any notice, or taking any action in reference to a licensee or licensed premises, the Office may rely upon the information furnished in such application and in any supplemental statement connected there with , and such information may be presumed to be correct, and shall be binding upon a licensee or licensed premises as if correct. all information required to be furnished in such application or supplemental statements shall be deemed material in any prosecution for perjury. (d) A decision upon any application or hearing submitted to or held by the Office shall be rendered within thirty days after such submission or hearing. Section 13. REASONS FOR REFUSAL TO LICENSE The Office of Drug Control may refuse to issue a license to any person or any co-partnership or corporation wherein any member or any of the principle officers and directors of the corporation; (a) has not reached the age of 21 years; or (b) is not a citizen of the United States or an alien lawfully admitted for permanent residence in the United States or (c) has been convicted of a felony other than the sale, possession, importing, or cultivation of cannabis; or (d) has had a license issued to him under this Act revoked for cause; or (e) has previously held a State Liquor license which has been revoked for cause; or (f) proposes premises which are not in compliance with all state or local health, occupancy, and zoning regulations; or (g) is in violation of any provision to this Act, or who has been convicted of a violation of this Act. Section 14. REVOCATION OF LICENSE FOR CAUSE (a) any license or permit issued pursuant to this chapter may be revoked, canceled, or suspended; (1) for violation of any provision of this Act; or (2) for any corporate change in the stockholders, stockholdings, officers or directors of the licensee which may bring the licensee into violation of a provision of the Act. (b) Where a license for any premises licensed has been revoked, the Office of Drug Control in its discretion may refuse to issue a license under this Act for a period of two years after such revocation, for such licensed premises or for any part of the building containing such licensed premises and connected therewith. Section 15. NEGLIGENCE PRESUMED FROM ABUSE OF CANNABIS In all cases at law, there shall be a refutable presumption of negligence where clear and convincing evidence is presented that a person was intoxicated by cannabis at the time of injury or incident and that such intoxication materially contributed to the cause of injury or incident. Section 16. SEVERABILITY If any clause, sentence, paragraph, section or part of this Act shall be judged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. Section 17. EFFECTIVE DATE Sections 1-16 of this Act become effective immediately upon passage of this Act.