Kansas Governor Signs CBD/THC Bill Into Law

THC and CBD in Kansas
Image: Mako_Films

Early this week Kansas Governor Laura Kelly signed Senate Bill 28 into law, which provides an affirmative defense against prosecution for possession of certain cannabidiol products containing tetrahydrocannabinol in specific circumstances.

Senate Bill 28 is also known as “Claire and Lola’s Law” after the daughters of Gwen and Scott Hartley. Both girls were born with microcephaly, a medical condition in which the brain does not develop properly. Unfortunately the condition claimed the life of older sister Claire who died last year. The Hartley’s were the driving force behind the bill, and believe CBD oil could greatly improve surviving daughter Lola’s quality of life – perhaps even extending it.

“We are so incredibly grateful & elated!!!,” said the Hartleys of the news of the bill becoming law. “There truly are no words adequate enough to thank everyone for their kindness and gratitude in helping make this happen.”

Under the bill, a cannabidiol treatment preparation is defined as an oil containing cannabidiol and tetrahydrocannabinol, with a THC concentration of no more than 5 percent relative to the CBD level. The concentration must be verified through testing by a third-party, independent laboratory.

The bill covers debilitating medical conditions defined chronic disease or medical conditions causing a serious impairment of strength or ability to function, including one that results in seizures. The patient is required to be under current and active treatment by a physician licensed to practice medicine and surgery in Kansas, and that physician must provide a diagnosis letter. The physician’s letter and third-party lab testing results must be carried with the CBD oil at all times.

As well as providing an affirmative defense, Claire and Lola’s Law also  prohibits state agencies and political subdivisions from commencing child removal proceedings based on the possession or use of cannabidiol treatment by a parent.

The bill will take effect on July 1st, 2019

“This is the first step in addressing the health needs of many Kansans, but we still have a long way to go,” said Governor Laura Kelly. “I’m hopeful the legislature will review this issue comprehensively next session.”

Last month Governor Kelly also signed an industrial hemp bill into law, which allows for hemp derived cannabidiol oil to be used in some products.