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Article 53. – EXERCISE OF FIRST AMENDMENT RIGHTS

60-5302. Definitions. As used in the Kansas preservation of religious freedom act:

(a) ”Burden” means any government action that directly or indirectly constrains, inhibits, curtails or denies the exercise of religion by any person or compels any action contrary to a person’s exercise of religion, and includes, but is not limited to, withholding benefits, assessing criminal, civil or administrative penalties, or exclusion from government programs or access to government facilities.

(b) ”Compelling governmental interest” includes, but is not limited to, protecting the welfare of a child from abuse and neglect as defined by state law.

(c) ”Exercise of religion” means the practice or observance of religion under section 7 of the bill of rights of the constitution of the state of Kansas and the free exercise clause of the first amendment to the constitution of the United States and includes the right to act or refuse to act in a manner substantially motivated by a sincerely-held religious tenet or belief, whether or not the exercise is compulsory or a central part or requirement of the person’s religious tenets or beliefs.

(d) ”Fraudulent claim” means a claim that is dishonest in fact or that is made principally for a patently improper purpose, such as to harass the opposing party.

(e) ”Government” includes the executive, legislative and judicial branches and any and all agencies, boards, commissions, departments, districts, authorities or other entities, subdivisions or parts whatsoever of state and local government as well as any person acting under color of law.

(f) ”Person” means any legal person or entity under the laws of the state of Kansas and the laws of the United States.

History: L. 2013, ch. 47, § 1; July 1.

https://kslegislature.org/li_2022/b2021_22/statute/060_000_0000_chapter/060_053_0000_article/060_053_0002_section/060_053_0002_k/

(d) Any material, compound, mixture or preparation that contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:

…

(23) Psilocybin 7437

(24) Psilocyn 7438 Some trade or other names: Psilocin

https://pharmacy.ks.gov/docs/librariesprovider10/statues-regulations/full-version-pdf.pdf?sfvrsn=66fca701_20

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