During her 2023 State of the State Address earlier this week, Kansas Gov. Laura Kelly (D) shared her sentiments regarding the state’s continued criminalization of medical cannabis and her forward focus to ensure Kansas moves forward with a legal medical program. Namely, she said the current laws criminalizing patients are “ridiculous,” signaling that there are better solutions for the state moving forward.
“There’s another common-sense way to improve health care here in Kansas—and that’s to finally legalize medical marijuana,” Kelly said.
Kelly highlighted the 39 states where Americans are able to access medical cannabis in some form to relieve symptoms of chronic pain, seizure disorders and PTSD. She also referenced the “very clear majority of physicians” who believe that medical cannabis should be part of a comprehensive pain management and care plan.
Kansas is one of just three states with no public cannabis access program, joining Idaho and Nebraska. While there are still a number of other states that still criminalize medical and recreational cannabis, states including Wyoming, Texas, Iowa, Wisconsin, Indiana, Kentucky, Tennessee, North and South Carolina and Georgia all have some form of CBD and/or low-THC program, according to the National Conference of State Legislatures.
Kelly also referenced a recent police raid of a terminally-ill man, Greg Bretz, who was using cannabis to ease his pain. He was then ordered to appear in court, even though he was unable to get out of bed. “We all know that was ridiculous,” she said. Kelly affirmed that it’s not the fault of the police, who were just enforcing the law, but the “ridiculous” law itself.
Bretz told The Kansas City Star in a phone call that he was “flat on my back” in his hospital bed. His THC paste and vaping device were seized by police officers, after his doctor advised him to “do whatever he wants if it makes him feel better.” Police ultimately dropped the charges, and Bretz passed earlier this month.
Kelly drew a parallel to a similar case documented in an op-ed piece published in The Wichita Eagle written by David Auble, a self-described conservative and Army vet from Kansas, who was battling his second bout with cancer.
“I’m running out of time…I can barely lift my head; my legs are tingly and I have a trachea breathing tube. You have no idea how terrifying it is when you can’t move air in or out,” Auble wrote, as quoted by Kelly. Auble refused to use black market cannabis, despite friends urging him to try it to relieve his pain, as he was adamant to abide by state law.
“Dave passed away just a few weeks after the op-ed was published, never having received the
relief he needed and so fiercely advocated for,” Kelly said.
She then turned the conversation to the thousands of Kansans each day, similarly forced to choose between breaking the law or living without pain.
“Let’s do better in Dave’s honor. In honor of the kids experiencing multiple seizures per day… In
honor of veterans suffering with PTSD. Let’s make Kansans’ lives better, and let’s do it right now,” Kelly said.
Sen. Ty Masterson (R) spoke out after the governor’s speech, calling Kelly’s mention of Bretz’s case an “interesting example” before saying Kelly “is trying to get marijuana to a guy that couldn’t breathe,“ The Wichita Eagle reported. Bretz was still breathing when his hospital room was invaded and was using edible THC paste on top of bread.
“There is a role for potential palliative care, there’s gonna be bills, there’s gonna be hearings,” Masterson said. “I’m not going to be shamed into doing it from some bad examples.”
Kelly concluded the cannabis element of her speech by calling for effective safeguards to ensure medical cannabis is used appropriately and is not abused.
“But I believe, like with everything else, if you and I work together, we can find a fair
and common-sense solution,” Kelly said. “Thirty-nine other states have figured this out. Surely, Kansas can, too.”
