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HB 2354

Immigration and Customs Enforcement; transfer of certain incarcerated persons.

2025 Regular Session Introduced by Mark Earley and 9 co-sponsors

HB 2354 grants an affirmative defense to Kansas residents who are disabled veterans with a valid medical marijuana card, for possession of marijuana or THC.

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Bill Summary · HB 2354

Summary — HB 2354 (Kansas, 2025)

Status: Referred to House Committee on Judiciary. Introduced: February 2025. Fiscal note issued March 3, 2025.

Note: The legislative packet provided contained other unrelated bills numbered HB 2354 from other states. This summary addresses the Kansas measure titled “An act concerning crimes, punishment and criminal procedure; relating to unlawful possession of controlled substances; providing an exception for residents of Kansas who possess marijuana and are disabled veterans with a valid medical marijuana card issued by any state.”

Main purpose

HB 2354 creates a statutory exception (an affirmative defense) to the state unlawful-possession statute for certain Kansans who possess marijuana or tetrahydrocannabinols (THC): specifically, Kansas residents who are “disabled veterans” and who hold a valid medical marijuana card issued by any state.

Key provisions

  • Amends K.S.A. 21-5706 (the unlawful possession of controlled substances statute) to add an affirmative defense for possession of:
    • Marijuana (as designated in K.S.A. 65-4105(d)); and
    • Tetrahydrocannabinols (K.S.A. 65-4105(h)).
  • Eligibility for the defense requires that the person:
    • Is a resident of Kansas;
    • Is a “disabled veteran”; and
    • Possesses a valid medical marijuana card issued by any state.
  • Defines “disabled veteran” as a person who:
    • Served in active military, naval, air, or space service and was discharged or released under an honorable discharge or a general discharge under honorable conditions; and
    • Received a disability that was incurred or aggravated in the line of duty in active service.
  • Other controlled-substance prohibitions remain unchanged; this is a limited possession exception, not a broader legalization or authorization for sale, distribution, or cultivation beyond applicable law.
  • The bill text states an effective date: upon publication in the statute book.

Who is affected

  • Primary: Kansas residents who are disabled veterans and hold a valid out‑of‑state or in‑state medical marijuana card — they could assert the new affirmative defense against criminal possession charges for marijuana/THC.
  • Secondary: law enforcement, prosecutors, public defenders, and courts (they will apply/assess the affirmative defense); Kansas Office of Veterans Services may be involved in verification or related inquiries.
  • The bill does not change possession rules for non-qualifying persons or for other controlled substances.

Fiscal and operational impact

  • The Division of the Budget (fiscal note, Mar 3, 2025) reports any fiscal effect would be negligible.
  • Kansas Sentencing Commission and Department of Corrections anticipate possible effects on admissions/bed space and workload but estimate fiscal impacts to be negligible.
  • Office of Judicial Administration and Kansas Office of Veterans Services report no fiscal effect on agency operations.
  • No changes to fines, sentencing ranges, or treatment of distribution offenses are specified.

Procedural/timeline notes

  • Introduced early February 2025 and referred to the House Committee on Judiciary. A fiscal note was prepared March 3, 2025.
  • The bill contains a provision repealing and replacing the existing K.S.A. 21-5706 (typical drafting to replace an entire section).

If you want, I can:
- Produce a short comparison showing how current law treats marijuana possession (penalty tiers) vs. the treatment under HB 2354; or
- Draft potential questions for committee members or talking points for stakeholders (prosecutors, veterans groups, law enforcement).

Compiled from official sources — confirm details with the bill’s official record.

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