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MARIJUANA MOMENT
KANSAS LAWMAKERS CONSIDER PROPOSAL TO JAIL FARMERS WHO GROW HEMP WITH TOO MUCH
THC
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POLITICS
KANSAS LAWMAKERS CONSIDER PROPOSAL TO JAIL FARMERS WHO GROW HEMP WITH TOO MUCH
THC
Published
6 seconds ago
on
April 13, 2024
By
Marijuana Moment
“The reason I’m bringing this forward is to make certain hemp is hemp and hemp
growers do not get out of their lane.”
By Tim Carpenter, Kansas Reflector
State law enforcement, local prosecutors and a lobbyist convinced legalization
of medical marijuana posed the greatest threat to quality of life in Kansas
tried to quietly squeeze into a bill lowering fees on industrial hemp producers
an amendment that could send wayward farmers to prison for years.
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The threshold between freedom and incarceration under the amendment advocated by
the executive director of Stand Up for Kansas, the Kansas Bureau of
Investigation and the Kansas County and District Attorneys Association would be
a laboratory test measuring whether a hemp product had a THC content greater
than 1 percent. The U.S. Department of Agriculture and the state of Kansas allow
harvesting, processing and marketing of hemp with less than 0.3 percent THC.
“I just need help understanding who are we going after? I hope it’s not our
industrial hemp producers,” said Sen. Carolyn McGinn, a Sedgwick Republican and
farmer. “Is there some place we can look to find out how much this is being
abused? I’m trying to understand where all the abuse is at.”
Stand Up for Kansas leader Katie Whisman said she couldn’t document the threat
posed by crooked hemp farmers. The former Kansas Bureau of Investigation
administrator did say establishment of industrial hemp as a row crop in Kansas
created “a lot of confusion for law enforcement” personnel. She said one source
of frustration was the challenge of differentiating between legal hemp and
illegal marijuana.
“They look the same,” she said. “They smell the same. Is that hemp? Is that
marijuana? How do we enforce that?”
Third-level sentencing
Current Kansas law mandated legal industrial hemp products contain less than 0.3
percent THC. Existing state statute says first-time violators could be charged
with a misdemeanor and a second offense could be a low-grade felony resulting in
probation.
Whisman’s amendment would retain those sentencing standards for hemp, but add a
third layer of penalties so law enforcement officers could raise the stakes for
hemp industry participants trafficking higher-level THC products. Depending on
the quantity of hemp testing higher than 1 percent THC, the proposed revision of
state law could lead to sentences as long as 154 months.
The new THC metric should be deployed, Whisman said, despite presence of
profoundly higher THC levels in marijuana demanded by recreational consumers in
Colorado and Missouri.
Greenlight Marijuana Dispensary, which is 750 feet from the Kansas border in
Kansas City, Missouri, offered cannabis ranging from 16 percent to 30 percent
THC. There were dozens of choices, but middle-of-the-road options included Baja
Fog registering at 23.6 percent THC with Space Cowboy budlets at 24.8 percent,
Platinum Jelly Cake at 25 percent and Gary Payton budlets at 26 percent.
At least 16 states have authorized medical marijuana programs only, and 24
states legalized recreational consumption of cannabis, but Kansas has done
neither.
Rogue hemp farmers?
The plan to crack down on potential hemp farm renegades interested Havana Sen.
Virgil Peck, the Republican chairman of the Senate Agriculture and Natural
Resources Committee. He welcomed Whisman’s unconventional presentation on the
law enforcement request to the six House and Senate negotiators working last
week on compromise agriculture legislation.
“The reason I’m bringing this forward is to make certain hemp is hemp and hemp
growers do not get out of their lane,” Peck said. “It’s the real reason, just to
cut to the chase, why I am presenting this.”
The proposal appeared to catch several negotiators off guard, and the House
agriculture committee chairman, Agra GOP Rep. Ken Rahjes, said he wouldn’t agree
to add the proposal to a bill.
“I understand the heartburn,” Peck said before rescinding his commitment to
endorse conservation district and poultry bills sought by the House. Hardball
politics left the agriculture bill with prohibitions on spying at confined
animal operations and tweaks to state law on registering horse and cattle
brands.
The negotiators could resume talks on hemp law when the Legislature returns to
Topeka at the end of the month. If the hemp crime amendment was eventually
placed in a conference committee bill, the maneuver would serve as a textbook
distortion of the legislative process.
Typically, advocates of reform begin with introduction of a bill in the House or
Senate. That could lead to a public hearing and committee votes. Advocates of a
bill must labor to win majority support in the 125-member House and 40-member
Senate. If graced by good fortune on both sides of the Capitol, the proponents
could seek support from a governor with veto power.
Whisman sought to circumvent that lengthy and complicated process by asking to
include the hemp crime amendment in a bundle of bills subject to
take-it-or-leave-it votes in both chambers.
In addition to skepticism shared by Republicans McGinn and Rahjes, Democratic
Rep. Sydney Carlin of Manhattan made it known the recommended adjustment to
criminal code in relation to hemp farming should be handled by a committee
dedicated to judicial or corrections issues.
“I’m uncomfortable,” Carlin said. “This kind of a deal doesn’t seem to be an ag
committee thing. We’re now going to punishment.”
Sen. Mary Ware (D-Wichita) said she was told testing equipment used in Kansas
produced inaccurate readings indicating hemp products had too much THC. She said
the state should invest in a rigorous, accurate evaluation system for
Kansas-grown hemp.
Drag on legislative process
Kansas Livestock Association (KLA) attorney Aaron Popelka said he didn’t have an
opinion about merits of altering law on prosecution of hemp cases. He did argue
the unvetted amendment offered by Whisman could weigh down and jeopardize
passage of the underlying bill anchored to a prohibition against drones and
aircraft flying lower than 500 feet over confined animal feeding operations and
agricultural research facilities.
The KLA sought no-fly-low zones to make it difficult for animal-rights
organizations to deploy aerial cameras while searching for evidence of cruelty
at cattle feedlots or dairy operations as well as other livestock facilities. In
2021, the 10th Circuit of the U.S. Court of Appeals agreed with a lower court
decision to declare unconstitutional Kansas’ “ag-gag” law shielding confined
animal facilities from prying eyes.
“The concern is if this is added, given the consternation, what does it do to
the underlying ag-centric package?” Popelka said.
—
Marijuana Moment is tracking more than 1,400 cannabis, psychedelics and drug
policy bills in state legislatures and Congress this year. Patreon supporters
pledging at least $25/month get access to our interactive maps, charts and
hearing calendar so they don’t miss any developments.
Learn more about our marijuana bill tracker and become a supporter on Patreon to
get access.
—
Earlier, Popelka had much the same view when Rahjes invited the conference
committee to consider a similarly unvetted, late-arriving amendment from Steve
Hitchcock of the Kansas Association of Aerial Applicators. Hitchcock asked that
pilots who spray fields with fertilizer or herbicide be held to Federal Aviation
Administration standards for safe operation of aircraft rather than the proposed
state law setting a flight ceiling over livestock operations.
“I think this is to address the problem of activism, trespassing and drones to
film things or in other ways impede what’s going on at the facility,” Hitchcock
said. “The legacy agricultural support of aerial applications, I don’t think, is
the target. I think it’s collateral damage.”
Popelka said the proposal from Hitchcock arose too late in the legislative
process to be included in a bill package.
“This is the first we’ve heard the concern,” he said. “Inserting a blanket
exemption, I think, sends maybe the wrong message.”
This story was first published by Kansas Reflector.
> More Than 90% Of Smokable Hemp Samples Analyzed By Researchers Contained
> Illegal Amounts Of THC, New Federal Study Finds
Marijuana Moment is made possible with support from readers. If you rely on our
cannabis advocacy journalism to stay informed, please consider a monthly Patreon
pledge.
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