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“We are also very reluctant to speculate on or state the specific consequences because of the significant lack of clarity inherent in SB 180, and there is potential for stoking more fear in the community than already warranted by attempting to make predictions about it,” Tseng said.

The ACLU has argued that, in practice, the "Kansas Two-Step" has been part of an abuse of traffic stops targeting out-of-state motorists, notably those from Colorado, where recreational marijuana was legalized in 2012.

The ACLU of Kansas has argued that, in practice, this has been part of an abuse of traffic stops targeting out-of-state motorists, notably those from Colorado, where recreational marijuana was legalized in 2012.

“We are deeply concerned about the potential harm SB 180 will cause,” said DC Hiegert, LGBTQ+ Fellow of the ACLU of Kansas.

The ACLU of Kansas has sued Kansas Highway Patrol Superintendent Col. Herman Jones on behalf of motorists over the “two step” and are seeking a court order blocking the agency from using it.

A trial is underway that could put a stop to a law enforcement tactic known as the "Kansas Two-Step," which appears to target people from states where cannabis is legal.

“They put this amendment on the primary ballot and that was absolutely a direct attempt to suppress voters,” Butsch said. “We ran into a lot of misinformation, particularly for independents.”

The ACLU has argued KHP continues to rely on out-of-state license plates or travel plans to justify detaining a driver for a K-9 search of their vehicle, despite the Tenth Circuit’s holding in 2016 in Vasquez v. Lewis.

Aileen Berquist, a lobbyist for the ACLU of Kansas said the policy — which grants wide discretion to judges — is likely to hold a disproportionate impact on children of color, who are already more likely to face harsh punishments than their white counterparts.