Topeka Buzz: February 5, 2026

Kansas Democrats orchestrate a wave of cannabis legalization proposals. Also: civil, personal liability for elected officials?

Author

Jason Anderson
February 05, 2026 • Estimated Reading Time: 12 minutes

Topeka Buzz 🐝
Thursday, February 5, 2026

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Kansas Democrats launch a coordinated cannabis push

Democrats in both chambers rolled out five cannabis-related measures yesterday, easily the most aggressive legalization push Kansas has seen in a single filing day. The proposals range from incremental to sweeping: SB 484 would simply reclassify marijuana from Schedule I to Schedule III without changing penalties, while HB 2679 creates an entire adult-use regulatory regime with licensing, an 8% excise tax, and automatic record sealing. In between sit two constitutional amendments (HCR 5028 for adult-use and HCR 5029 for medical) that would enshrine cannabis rights in the Kansas Bill of Rights and put the question directly to voters in November 2026, plus HB 2678, a comprehensive medical cannabis program with patient registrations, dispensary licensing, and testing requirements.

The strategy is layered. The constitutional amendments would be durable and hard to undo but leave the details to future legislatures. The statutory bills provide ready-made frameworks if lawmakers want to move on implementation now. And the Schedule III reclassification offers a minimal-commitment option for legislators who want to signal a shift without building a regulatory apparatus. Together, the package gives Democratic sponsors something to point to no matter where the Overton window lands…and forces Republicans in the supermajority to take positions on each flavor of reform individually rather than dismissing "legalization" as a single concept.

None of these bills are likely to get hearings without Republican committee chairs choosing to schedule them. But the filing wave accomplishes something even without floor votes: it puts specific, detailed legislative text on the record, establishes that Democrats have a medical bill and an adult-use bill and a constitutional path and a scheduling-only fallback, and it generates public pressure through the sheer volume of the ask. With Kansas remaining one of a shrinking number of states with no legal cannabis framework at all, the minority party appears to be betting that the political cost of continued inaction is rising.

Full analysis: HB 2678 · HB 2679 · HCR 5028 · HCR 5029 · SB 484

A conservative case for personal liability

HB 2685 comes from an unexpected direction. Rep. Bill Rhiley (R-Wellington)—sponsor of abortion bans, a constitutional gun-rights amendment, and school chaplain legislation—filed the "Public Official Accountability Act," which would let Kansas residents sue public officials personally for knowing or reckless constitutional violations. The bill narrows qualified immunity, caps punitive damages, mandates attorney fees for prevailing plaintiffs, and limits public indemnification so governments can't simply pick up the tab for officials found liable. It's a confrontational proposal, but it fits a consistent thread in Rhiley's work this session: distrust of government power and a preference for individual rights over institutional authority, whether that's compensating property owners for regulatory takings, eliminating car registration fees, or repealing the state's performance-based budgeting law.

The practical dynamics of the bill in a supermajority state are more complex than they first appear. Kansas has 105 counties, and in the vast majority the sheriffs, county attorneys, and commissioners are Republicans…meaning the universe of officials exposed by personal liability is overwhelmingly conservative by sheer volume. The rancher who thinks his county commission violated his property rights, the parent who thinks a school board overstepped — in most of Kansas, they're suing Republican officials. And in a moment when local officials are increasingly being asked to serve as the implementation layer for aggressive federal directives, a personal liability statute could expose the very officials carrying out those policies if courts later find constitutional violations. Opposition from public employee groups and law enforcement will be fierce regardless, and the fiscal impact is genuinely uncertain. This bill may find a more ideologically unpredictable audience.

New Bills Introduced

Budget & Appropriations

  • 🐝🐝 SB 472: Sets annual insurance/securities fees; ends 10% GF credit

Business & Commerce

  • 🐝🐝🐝 HB 2696: Mandates 3D biometric notarization for real estate

  • 🐝🐝 HB 2700: Requires manufacturers to provide repair parts and info

  • 🐝🐝 HB 2703: Requires reports on how health bills affect consumer costs

Criminal Justice

  • 🐝🐝 HB 2692: Set conduct rules for ICE in Kansas

  • 🐝🐝 SB 486: Allows state lawsuits for rights violations by officials

  • 🐝🐝 HB 2706: Bars immigration enforcement at hospitals, schools, churches

  • 🐝🐝 SB 487: KBI creates statewide offender registration system

  • 🐝🐝 HB 2686: Ban on hiring former ICE agents into Kansas police

  • 🐝🐝 HB 2688: Blocks enforceable NDAs in child abuse and trafficking cases

  • 🐝🐝 SB 481: Municipal judges can order competency exams

  • 🐝🐝 HB 2704: Limits jail credit for certain sentence computations

  • 🐝🐝 HB 2698: Allows courts to permanently seize animals after convictions

  • 🐝🐝 HB 2697: Bans possession of car‑hacking tools with theft intent

  • 🐝🐝 HB 2707: Adds pet harm to Protection from Abuse orders

  • 🐝🐝 HB 2705: Make counsel discretionary for confinement habeas claims

  • 🐝🐝 SB 479: Funds wellness programs for KHP and KBI officers

  • 🐝 SB 478: Raises penalties for assaulting utility and telecom workers

  • 🐝 HB 2681: Creates KDOC peer support fund with $500K seed

  • 🐝 HR 6028: House condemns ICE practices, urges independent audit

Education

  • 🐝🐝 HB 2680: Raises K-12 scholarship tax credit cap, moves admin

  • 🐝🐝 SB 477: Tuition waived for eligible Kansas first responders

Elections & Government

  • 🐝🐝 HB 2708: Moves state ethnic advisory commissions to Legislature

  • 🐝🐝 HB 2699: Counties may publish legal notices on county websites

  • 🐝 SB 483: Publish public salaries for legislators and some spouses

Energy & Environment

  • 🐝🐝 HB 2682: Requires permits, testing, and 1,000‑ft setback for biosolids

  • 🐝🐝 HB 2693: Restricts swine wastewater spreading and adds setbacks

Healthcare

  • 🐝🐝 HB 2684: Caps insulin copays at $35 and expands coverage

  • 🐝🐝 SB 474: Creates state rules for short-term health plans

  • 🐝🐝 HB 2695: Requires consent and reporting for pediatric psychotropic use

  • 🐝🐝 HB 2677: Require insurers to cover children's hearing aids

  • 🐝🐝 HB 2683: Sets fees and access rules for patient medical records

  • 🐝🐝 HB 2702: Requires PA background checks, defines collaboration

  • 🐝🐝 SB 475: Hospitals must use surgical smoke evacuation systems

  • 🐝🐝 HB 2694: Require opioid risk discussion before initial prescription

Housing

  • 🐝🐝 SB 485: Count all income, seal many eviction records

  • 🐝🐝 HB 2691: Limits residential evictions to specific causes

  • 🐝🐝 SB 482: Landlords must return rent if unit condemned

  • 🐝🐝 HB 2690: Allows interior inspections with warrant or imminent danger

  • 🐝🐝 HB 2701: Allows varied zoning rules within same district

Infrastructure

  • 🐝 HB 2687: Bars local bans on seaplane takeoffs on Kansas waters

Natural Resources

  • 🐝 SB 473: State allows Audubon to get 30-acre Wabaunsee parcel

Social Services

  • 🐝🐝 HB 2689: Creates tri-share child care cost program

  • 🐝 SB 480: Restores court control over estates of missing Kansans

Taxation

  • 🐝🐝 SB 476: Exempts certain church-run thrift store property from tax

Uncategorized

  • HR 6025: Recognizing February 5, 2026, as Wear Red Day in the Kansas legislature.

  • HR 6026: Commemorating Kansas Young Professionals Day.

  • HR 6027: Honoring Kansas District Optimist for its commitment to hope, positive thinking and action.

Floor Votes

  • HCR 5022: PASS (78 Yes, 42 No, 5 Absent). Kansas asks Congress to call a national convention to propose a constitutional amendment setting term limits for U.S. House and Senate members. The resolution also says how Kansas would pick delegates and directs the Secretary of State to send copies to officials.

  • HB 2464: PASS (81 Yes, 39 No, 5 Absent). Extends the deadline for certain Kansas aerospace and aviation income tax credits from Dec. 31, 2026 to Dec. 31, 2036, giving employers and contributors 10 more years to earn credits. Could reduce state income tax revenue depending on use.

Committee Actions

Agriculture and Natural Resources

Bills Referred (2)

  • SB 465: Require county approval for LLP dairy and swine farms

  • HB 2476: Treats EPA pesticide labels as meeting Kansas warnings

Bills Reported Out (2)

  • SB 344 (bill be passed as amended): Allows shelters to foster sick and newborn animals

  • SB 364 (bill be passed): Creates discounted senior hunting & fishing combo license

Assessment and Taxation

Bills Referred (2)

  • SB 455: Restores renters' eligibility for homestead refunds

  • SB 470: Exempts residential electricity from sales tax

Commerce

Bills Referred (1)

  • SB 471: Raise Kansas minimum wage to $16/hr

Education

Bills Referred (1)

  • SB 458: Freeze state test cut scores at 2024 levels

Elections

Bills Reported Out (1)

  • HB 2493 (bill be passed): Require deliverers to list driver ID on ballot affidavit

Federal and State Affairs

Bills Referred (4)

  • SB 451: Require vendor services in campaign finance reports

  • SB 453: Blocks foreign access to Kansas critical infrastructure

  • SB 452: Includes federal officers and buildings in Kansas laws

  • SB 454: Increases penalties for foreign-directed crimes

Financial Institutions and Insurance

Bills Referred (1)

  • SB 467: Ban AI-only medical denials; require clinician review

Government Efficiency

Bills Referred (1)

  • SB 450: State can pay employees for reporting fraud

Judiciary

Bills Referred (8)

  • SB 466: Limits landlords' use of old eviction records

  • SB 459: Postpone parole if victims not notified; expand board

  • SB 461: Registers drug distributors who cause great harm or death

  • SB 456: Creates $125M Kansas law enforcement trust fund

  • SB 460: Allow municipal probation IDs for replacement licenses

  • SB 463: Bars certain negligence claims; narrows security duty

  • SB 462: Limits public nuisance lawsuits and centralizes AG control

  • SB 469: Limits police face coverings; requires policies

Bills Reported Out (2)

  • HB 2243 (bill be passed as amended): Refer military families in child-welfare cases to base support

  • SB 358 (bill be passed): Hold certain felony convicts without bond until sentencing

Local Government, Transparency and Ethics

Bills Referred (1)

  • SB 468: Allows cities to create guaranteed income programs

Public Health and Welfare

Bills Referred (2)

  • SB 457: Expands Medicaid to adults up to 138% FPL

  • SB 464: Licenses anesthesiologist assistants in Kansas

Transportation

Bills Referred (1)

  • HB 2471: Names I-35 segment in Franklin County for Deputy Sam Smith

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