United States: Kansas partially legalizes medical cannabis

Kansas is one of the unyielding American states which have not legalized or decriminalized the use of the cannabis plant, whether recreational or medical. It appears that the state has finally recognized the therapeutic value of cannabis. Governor Laura Kelly signed a law to this effect yesterday. Nevertheless, this law permits the use of medical cannabis only in the form of CBD oil containing less than 0.3% THC.

A small step for patients

The oil will only be available in the following circumstances: «a medically diagnosed chronic condition or a condition that causes serious impairment of strength or the ability to function normally, including those that cause seizures, and for which the patient is currently and actively under the care of a physician licensed to practice medicine and surgery in Kansas.».

Presumably, this will include conditions for which the use of medical cannabis is already recognized as effective in other U.S. states: chronic pain, multiple sclerosis, and certain severe forms of epilepsy.

The law is called «Claire and Lola's Law» in reference to the two daughters of Gwen and Scott Hartley, the parents who spearheaded this reform. Both girls have microcephaly, a condition that prevents brain development. Lola succumbed to it in December 2018 at the age of 17, but there is still hope for young Claire, who is 12 years old.

The law specifies that custody of children can no longer be taken away from parents simply because they possess medical cannabis oil—provided it contains less than 0.5% THC. It does not create an industry to produce and distribute this oil, but it at least protects patients and their families from legal action.

A giant leap for Kansas

It seems the state governor doesn't want to stop there: «I am delighted to sign this bill today. This is a first step in addressing the health needs of many Kansans, but we still have a long way to go. I hope legislators will study the issue comprehensively during the next legislative session.» she declared. Since 2006, 18 attempts to legalize medical cannabis have failed in Kansas, according to a report from’Associated Press.

Kansas is bordered by Oklahoma, Missouri, and Colorado, three states that have legalized medical or recreational cannabis. Yet, it has been slow to begin reform itself. According to this report, this is largely due to the opposition of law enforcement who are very conservative and very powerful in the Kansan community. Brian Leininger, a former Kansan prosecutor, explains that «police and government representatives have a lot of social capital. They want a status quo. They make their living by enforcing drug laws.».

With the passage of this law, which will take effect on July 1st, only three states will remain with absolutely no medical cannabis programs – meaning they will not even permit CBD with a low percentage of THC. This is Idaho, Nebraska, and South Dakota.