Bill decriminalizing controlled substances gets unanimous 'yes' vote in the House after amended twice by Committee of the Whole

On Thursday, all 120 present members of the House unanimously voted in favor of HB 2487, a bill that, under certain circumstances, decriminalizes controlled substances as defined in K.S.A. 21-5701 and certain drug paraphernalia. Five members of the House were not present to vote.

The bipartisan bill was introduced by Reps. John Alcala (D-Topeka), Nick Hoheisel (R-Wichita), Jason Probst (D-Hutchinson), and Pat Proctor (R-Leavenworth).

The bill went through two amendment processes by the House Committee and must now be voted on by the Senate.

If the Kansas Senate passes the bill as it is, immunity from prosecution would be granted for those in possession of a controlled substance or certain drug paraphernalia so long as the person is seeking or providing medical assistance.

What this would mean is that law enforcement would not be able to take a person into custody solely based on the alleged offense of possession of a controlled substance for the intent to use it for themselves.

It is important to note that “the bill would not provide immunity for persons who possess and intend to use drug paraphernalia to manufacture, cultivate, plant, propagate, harvest, test, analyze, or distribute a controlled substance, as specified in continuing law.”

Furthermore, if the person is seeking medical assistance “during the course of the execution of an arrest warrant or search warrant or a lawful search,” they will not be immune to prosecution.

Moreover, evidence obtained from an independent source could make it so a person is not immune to prosecution, as well.

To read the full amended bill, click here.