28 April 2023
TOPEKA, Kan. (KSNT) – The Kansas Legislature has officially passed a bill that would legalize fentanyl test strips.
The Senate voted 31-7 to pass Senate Bill 174, which would change the definition of “drug paraphernalia” to exclude tests used to detect the presence of fentanyl, ketamine or gamma-hydroxybutyric acid (GHB).
The House voted 113-9 to pass the bill earlier in the day. The bill now heads to Governor Laura Kelly’s desk.
Other provisions in the bill include the following:
Creating the crime of interference with the conduct of a healthcare facility, increasing the criminal penalties for battery of a healthcare provider.
Adding the placing of controlled substances into pills into the definition of manufacture increases the criminal penalties for manufacturing fentanyl.
Creating a special sentencing rule to make sentences for distributing fentanyl presumptive imprisonment, excluding materials used to detect the presence of fentanyl, ketamine or gamma-hydroxybutyric acid from the definition of drug paraphernalia.
Adding domestic battery and violation of a protection order to the crimes that a person can have the intent to commit when committing burglary or aggravated burglary.
Increasing criminal penalties for the crime of interference with law enforcement when the violation involves fleeing from a law enforcement officer.
Authorizing the attorney general to prosecute any crime that is part of an alleged course of criminal conduct that occurred in two or more counties.
Gov. Kelly has ten days to consider whether to veto or sign the bill. Lawmakers are set to have their final adjournment of regular session this week before setting a formal date for Sine Die, the final day of the session.