Kansas HB 2752: Setting standards for patient and caregiver identification cards to ensure legal access to medical cannabis, establishing the Kansas medical cannabis agency within the department of health and environment and removing cannabis from the Kansas uniform controlled substances act.

Bill Text

Session of 2026
HOUSE BILL No. 2752
By Committee on Health and Human Services
Requested by Representative Fairchild
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AN ACT concerning health and healthcare; establishing the Kansas health
freedom act; setting standards for patient and caregiver identification
cards to ensure legal access to medical cannabis; requiring medical
providers to certify patients for medical cannabis use; protecting
patients' rights, including firearm ownership and non-disqualification
from medical care; establishing the Kansas medical cannabis agency
within the department of health and environment; creating a medical
cannabis tax fund for research and public health initiatives; ensuring
confidentiality of patient records; authorizing the expungement of
certain cannabis-related convictions; sealing of records related to
decriminalized offenses; removing cannabis from the Kansas uniform
controlled substances act; amending K.S.A. 21-5706 and 21-5709 and
K.S.A. 2025 Supp. 21-5701, 21-5705, 65-4101 and 65-4105 and
repealing the existing sections.
WHEREAS, findings of the United States department of justice, drug
enforcement administration, in the matter of docket no. 86‐22, marijuana
rescheduling petition, opinion and recommended ruling, finding of fact,
conclusions of law and decision of administrative law Judge Francis L.
Young stated, "Marijuana, in its natural form, is one of the safest
therapeutically active substances known to man. By any measure of
rational analysis marijuana can be safely used within a supervised routine
of medical care."; and
WHEREAS, The United States drug enforcement administration
proposed to change the status of cannabis under the controlled substances
act by moving it from schedule I to the less restrictive schedule III; and
WHEREAS, Congress has enacted appropriations legislation
prohibiting the United States department of justice from expending
appropriated funds to prevent states from implementing their own medical
cannabis law and issued guidance to United States attorneys indicating that
enforcement of the controlled substances act is not a priority when
individual patients and their medical care providers are in compliance with
state law and that federal prosecutors should defer to state and local
enforcement so long as a viable state regulatory scheme is in place; and
WHEREAS, Forty states, three territories and the district of Columbia
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HB 2752 2
allow the medical use of cannabis products; and
WHEREAS, More than 30 years of state-level policies provide a guide
related to the medical use of cannabis; and
WHEREAS, The American herbal pharmacopoeia and the American
herbal products association have developed qualitative standards for the
use of cannabis as a botanical medicine; and published a cannabis
monograph providing standards for its identity, purity, quality and
botanical properties; and
WHEREAS, The national institute of standards and technology and the
United States department of commerce have developed an integrated
measurement services program for forensic and cannabis testing
laboratories to help ensure the quality of routine analysis throughout the
cannabis industry; and
WHEREAS, Accredited educational curricula concerning the medical
use of cannabis have been established, which meet continuing medical
education requirements for practicing physicians; and
WHEREAS, President Donald J. Trump signed an executive order on
December 18, 2025, urging the United States health and human services
agency, department of justice and affiliated agencies to complete the
rescheduling process of transitioning cannabis from schedule I to schedule
III under the controlled substances act, acknowledging generations of
evidence proving therapeutic benefits of plant constituents and citing
burdens on industry businesses and investors and limitations against
research and development.
Now, therefore:
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Sections 1 through 10, and amendments thereto,
shall be known and may be cited as the Kansas health freedom act.
(b) The legislature of the state of Kansas declares that the Kansas
health freedom act is enacted pursuant to the police power of the state to
protect the health of Kansas citizens and that such police power is reserved
to the state of Kansas and its people under the 10
th amendment to the
Constitution of the United States.
New Sec. 2. As used in this act, unless the context requires otherwise:
(a) "Agency" means the Kansas medical cannabis agency.
(b) "Batch number" means a unique numeric or alphanumeric
identifier assigned prior to testing to allow inventory tracking and
traceability.
(c) (1) "Cannabis" or "marijuana" means all parts of all varieties of
the plant cannabis, whether growing or not, the seeds thereof, the resin
extracted from any part of the plant and every compound, manufacture,
salt, derivative, mixture or preparati