Medical Marijuana Update 2025

Medical marijuana use is legal in 38 states and the District of Columbia. Recreational use of marijuana is legal in 24 states and the District of Columbia.

In recent years, several bills were introduced to legalize medical or recreational marijuana use in Kansas. Legislation that would have legalized medical marijuana in Kansas received a floor vote for the first time in 2021, as H. Sub. for SB 158 passed out of the Kansas House.

Marijuana Legalization in Other States

Medical Use. Laws in the 38 states, and the District of Columbia, that provide for comprehensive medical marijuana and cannabis programs meet the following criteria: protection from criminal penalties for using marijuana for a medical purpose; access to marijuana through home cultivation, dispensaries, or some other system that is likely to be implemented; allowance for a variety of strains or products; and allowance for either smoking or vaporization of marijuana products, plant material, or extract.

Another nine states allow the use of low-THC, high-cannabidiol (CBD) products for specific medical conditions, or provide a legal defense for their possession.

In the November 2024 election, Nebraska citizens approved two ballot measures regarding the establishment and regulation of a medical marijuana program. The validity of the petitions for the ballot measures is currently being challenged in court.

Recreational Use. As of November 2024, the following 24 states have legalized the recreational use of marijuana: Alaska, Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, New Jersey, New Mexico, New York, Ohio, Oregon, Rhode Island, Vermont, Virginia, and Washington, and the District of Columbia. In November 2024, voters in Florida, North Dakota, and South Dakota did not approve ballot measures that would have legalized the purchase, possession, and use of marijuana for adults age 21 and older.

Federal Rescheduling

On May 21, 2024, the U.S. Department of Justice Drug Enforcement Administration (DEA) published a notice of proposed rulemaking to transfer marijuana from Schedule I to Schedule III under the Controlled Substances Act. Schedule I drugs, substances, or chemicals, such as heroin and lysergic acid diethylamide (LSD), are defined as drugs with no currently accepted medical use and a high potential for abuse. Schedule III drugs, substances, or chemicals, such as Tylenol with codeine or ketamine, are defined as drugs with a moderate-to-low potential for physical and psychological dependence and a currently accepted medical use. The public comment period on the proposed rule closed on July 22, 2024, and a public hearing on the rule is scheduled to begin on December 2, 2024.

Classifying marijuana as Schedule III would allow pharmacies to dispense the prescription drug, pending Food and Drug Administration approval. The DEA and Kansas rules and regulations already permit pharmacists to dispense Schedule III, IV, and V substances. There would be no impact on the legal status of recreational marijuana.

Recent Kansas Legislation

During the 2023 Legislative Session, four bills were introduced that would create a medical marijuana regulatory system in Kansas. SB 135 received hearings in the Senate Committee on Federal and State Affairs in March 2023. On April 26, 2024, a motion was made to withdraw SB 135 from committee and refer the bill to General Orders in the Senate. The motion failed on a vote of 12–25, and the bill died in committee.

In 2024, two bills related to medical marijuana were introduced: SB 555 and SB 558. SB 555 received a hearing in the Senate Committee on Federal and State Affairs in March 2024 but died in committee.

2024 Special Committee on Medical Marijuana

During the 2024 Interim, the Special Committee on Medical Marijuana met for two days to receive testimony from state agencies, law enforcement, medical professionals, local government, and the business community. The Committee was also directed to study the impact of the federal government potentially rescheduling marijuana, access to and outcomes of medical marijuana for veterans and end-of-life patients, and current law and enforcement regarding CBD.

At the conclusion of its meetings, the Committee voted to direct staff to compile a summary of the meeting and information presented as a report for the Committee to review and request an additional meeting day in January for the purpose of making recommendations to the 2025 Legislature.