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Bill

HCR 5028

Proposing to amend the bill of rights of the constitution of the state of Kansas by adding a new section relating to the right for adults to possess and use cannabis.

2025-2026 Regular Session Introduced by John Alcala and 10 co-sponsors

Kansas proposes constitutional amendment legalizing adult cannabis possession and use, requiring legislative passage and voter approval to take effect.

Died in Committee
#cannabis #constitutionalamendments(kansas) #resolutions
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WeVote Research Nonpartisan
Bill Summary · HCR 5028

Legislative bill overview

HCR 5028 proposes a constitutional amendment to Kansas that would add explicit protections for adult possession and use of cannabis. As a concurrent resolution, this bill would need to pass both chambers of the Kansas legislature and then be approved by voters in a statewide referendum to amend the state constitution.

Why is this important

Kansas currently prohibits cannabis use entirely, including for medical purposes. A constitutional amendment would represent a fundamental shift in state drug policy and would supersede existing criminal statutes, making legalization resistant to legislative reversal. This directly affects criminal justice outcomes, public health policy, and tax revenue potential for the state.

Potential points of contention

  • Federal-state conflict: Cannabis remains illegal under federal law (Schedule I), creating complications for banking, interstate commerce, and federal funding eligibility for states with legal cannabis
  • Implementation details: The amendment language doesn't specify age limits, possession quantities, regulation frameworks, or whether home cultivation would be permitted—leaving critical details undefined
  • Public safety concerns: Opponents may argue about impaired driving enforcement, workplace safety standards, and impacts on youth access and usage rates
  • Tax and regulation structure: Unclear whether legalization would include licensing systems, tax rates, or how revenues would be allocated compared to other states' models

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

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