Category Archives: Federal and State Affairs

Red Flag Laws

Red flag laws, sometimes called “extreme risk protection order” (ERPO) laws or “gun violence restraining order” laws, allow a judge to issue an order that enables law enforcement to confiscate firearms from individuals deemed a risk to themselves or others. Prior to the enactment of red flag laws, in most states, law enforcement had no authority to remove firearms from individuals unless they had been convicted of specific crimes, even if their behavior was deemed unsafe.

Kansas Emergency Management Act

The Kansas Emergency Management Act (KEMA), codified at KSA 48-920 et. seq., contains provisions governing the state’s response to disasters occurring within the state. This memorandum provides a brief history of KEMA, recent changes to the Act, and its application in the State’s response to the COVID-19 pandemic.

Regulation of Robocalls

Unsolicited calls are among the most frequent consumer complaints received by the Federal Communications Commission (FCC) and Federal Trade Commission (FTC). The use of automatic dialing-announcing devices (referred to as robocalls) to make these calls is on the rise, with estimates indicating 4.3 billion such calls were received across the United States in September 2023 alone, down from more than 5 billion in August 2023. Utilities, pharmacies and health care providers, schools, and other entities use robocalls to provide billing, scheduling, and other information to the public. However, an increasing number of robocalls made to consumers are unsolicited, illegitimate, and unwanted. As the frequency of these calls increases, states have been taking action to minimize robocalls. This memorandum discusses the current state of the law concerning robocalls in Kansas and other states, as well as recent legislation and court cases at both the state and federal levels.

Delta-8 THC

Kate SmeltzerResearch AnalystKate.Smeltzer@klrd.ks.gov785-296-4407 Natalie NelsonPrincipal Research AnalystNatalie.Nelson@klrd.ks.gov785-296-4418 Martin de BoerFiscal AnalystMartin.deBoer@klrd.ks.gov785-296-4439 Delta-8 tetrahydrocannabinol (delta-8) is a psychoactive synthetic cannabinoid found in the Cannabis sativa plant and shares similar molecular structures to delta-9 tetrahydrocannabinol—commonly known as THC. Concentrated amounts of delta-8 are usually made from hemp-derived cannabidiol—commonly known as CBD. The main difference between delta-8 andContinue reading “Delta-8 THC”

Medical Marijuana

Jordan MilhollandManaging Research AnalystJordan.Milholland@klrd.ks.gov785-296-3923 Leighann ThoneResearch AnalystLeighann.Thone@klrd.ks.gov785-296-4181 Medical marijuana use is legal in 37 states and the District of Columbia. Recreational use of marijuana is legal in 21 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 legalizedContinue reading “Medical Marijuana”

Medication Abortion

Elaina RudderResearch AnalystElaina.Rudder@klrd.ks.gov785-296-4395 Leighann ThoneResearch AnalystLeighann.Thone@klrd.ks.gov785-296-4181 Medication abortion, also referred to as medical abortion or the abortion pill, is a pregnancy termination method that involves the use of two medications. The U.S. Food and Drug Administration (FDA) first approved medication abortion in 2000. In 2016, the FDA approved a new evidence-based regimen and drug label,Continue reading “Medication Abortion”

Sale and Delivery of To-Go Drinks and Direct Shipment of Alcohol

Leighann ThoneResearch AnalystLeighann.Thone@klrd.ks.gov785-296-4181 Jordan MilhollandManaging Research AnalystJordan.Milholland@klrd.ks.gov785-296-3923 Since 2020, 33 states and the District of Columbia (D.C.) have passed legislation related to alcohol delivery, to-go drinks, and direct shipment of alcohol. Sale and Delivery of To-Go Drinks Prior to March 2020, no state had explicit laws governing to-go orders or delivery of alcoholic drinks fromContinue reading “Sale and Delivery of To-Go Drinks and Direct Shipment of Alcohol”

Tobacco 21

Kate SmeltzerResearch AnalystKate.Smeltzer@klrd.ks.gov785-296-4407 Jordan MilhollandManaging Research AnalystJordan.Milholland@klrd.ks.gov785-296-3923 On December 20, 2019, President Trump signed 2019 HR 1865, which contained provisions that raised the federal minimum age for tobacco product sales from 18 to 21. The bill amended the Federal Drug and Cosmetic Act with a new section that applies to all “covered tobacco products,” includingContinue reading “Tobacco 21”