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Special Committee Suggests Kansas Move Forward with Medical Cannabis by Lisa Ash Sublett, Bleeding Kansas Advocates
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n October 30th, the Special Committee on Federal and State Affairs met to discuss the possible public impact of a state medical cannabis program and policy recommendations. The special committee recommended that the state move forward with establishing a state medical cannabis program, then further recommended potential regulations. There have been more than a dozen cannabis-related bills put forward since 2006. This recommendation was a HUGE step forward for Kansas. Even though these recommendations are not binding to the overall legislature, it does carry weight with the other lawmakers. The belief among many capitol insiders is that this topic will be up for discussion right out of the gate when the new session of the Kansas legislature begins in early January. While some lawmakers may still be stuck on issues like FDA approval and state’s rights versus federal law, most were asking questions about how to best implement a state program and even asking about how to protect patients from overpricing and rights violations. There has been a lot of misunderstanding about what was recommended and what it may mean for Kansas patients. First, while they did recommend that legal patients from other states be granted safe passage through Kansas, this was not meant as a substitute for establishing a state program for Kansas, as many misunderstood. It was simply presented as a policy point that they wish to see included. The committee recommended that the Ohio state medical cannabis program be used as an example. Many of us are all too aware of the many issues with the Ohio program. They also recommended that smoking and vaping not be allowed. I reiterate that these are not binding recommendations. If patients have concerns about these issues, the best thing you can do is to go to www.openstates.org, see who your senators and house representatives are, and then email and call them. Be aware that most lawmakers are not using their official emails off-session. It may be better to send to the official email address, but carbon copy or “cc” their other email. They also will not be answering their office phone until January. You will need to utilize one of their alternative numbers, if available. You can find all of this information on www.kslegislature.org.Just enter their names in the search box on the left. Let your lawmakers know that you support a state medical cannabis program for Kansas, and why. Then, if you disagree with the other recommendations of the committee, you must send research and information to help educate them and back up your stance. Many people are working hard to educate lawmakers about the issues. Information that includes: the recent CDC findings pertaining to vitamin E acetate involvement in the vape-related lung illnesses; information about dry herb vaporizers and other types of vaporizers; why fast-acting inhalation methods work best for some symptoms; how proper regulation and enforcement equals prevention and protection for patients; and an outline of the problems that have occurred for 14
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patients within the Ohio state program. Additionally, education on the fact that federal prohibition prevents FDA approval. Finally, 33 other states have established state programs with no fear from the federal authorities as federal lawmakers continue to prohibit the use of Justice Department funds to prosecute any participants of state-legal cannabis programs. They recently renewed this stance, as they have annually for the last five years. “The medical cannabis provision in question prohibits the Department of Justice from using its resources to prosecute individuals acting in compliance with state laws. The rider has been in place and renewed each year since 2014.1 “Proponents of this, they want to get high,” Sedgwick County Sheriff Jeff Easter said to the committee. “That’s my opinion of it, and that’s the opinion of law enforcement.” The Kansas Medical Society is against the proposal citing a lack of FDA approval. “Until it’s proven medically effective, we don’t support legislating what can be prescribed in that arena,” said Rachelle Colombo, the society’s director of government affairs. I will just note here that, to date, there are now over 20,000 published studies or reviews in the scientific literature about cannabis and its active compounds. According to the World Health Organization, there is most assuredly established efficacy2 and also per the National Cancer Institute.3 Finally, the National Institute of Health has recently announced their new research project to investigate minor cannabinoids and terpenes for potential painrelieving properties.4 The full list of who testified in opposition can be found, along with PDF versions of all the written testimony, both for and against, at http://kslegislature.org/li/b2019_20/committees/ctte_spc_2019_fed_ and_state_affairs_1/documents/. All in all, this was an important first step. The work must continue, and it will take teamwork to see victory. It is time to come off the bench and join the push to the end zone. You can join our team at www.bksadvocates.org. References: 1. https://www.marijuanamoment.net/senate-approves-billprotecting-medical-marijuana-states-from-federal-interventi on/ 2. h t t p s : / / w w w. w h o . i n t / m e d i c i n e s / a c c e s s / c o n t r o l l e d substances/6_2_cannabis_update.pdf 3. https://www.cancer.gov/about-cancer/treatment/cam/hp/ cannabis-pdq#_7 4. https://www.nih.gov/news-events/news-releases/nih-investigateminor-cannabinoids-terpenes-potential-pain-relievin g-properties Lisa Ash Sublett of Bleeding Kansas Advocates can be reached at 913.396.9675, or president@bleedingks.org. www.bksadvocates.org.