Hemp-derived Delta-8 THC is legal in Kansas right now, but state lawmakers aren’t happy. TOPEKA — They’re here in Kansas. CBD products with a bit of that oh-so-taboo THC in them. To vape, to put under your tongue.Some retailers argue those…
Is Delta-8 Legal in Kansas?
Delta-8 is currently in a legal grey area as the Kansas State Attorney General essentially throws it to the curb.
Delta-8 THC is legal in Kansas, but its attorney general considers the use, possession, and sale of delta-8 products “unlawful,” even if derived from legal hemp. However, a state attorney’s opinion isn’t legally binding and therefore doesn’t make delta-8 officially restricted or prohibited.
Delta-8 products are still sold and distributed all across Kansas, and you can still order them online without fear of penalty or prosecution.
Kansas Delta-8 THC Law
- The use, possession, sale, distribution, purchase, and production of delta-8 is legal in Kansas. However, Kansas’ state attorney general believes it’s an illegal controlled substance.
- You can legally purchase delta-8 products online and through unlicensed CBD dispensaries across the state.
- Other THC isomers such as delta-10, THC-O, and HHC are legal.
- Medical and recreational marijuana is strictly illegal. Some patients can use low-THC CBD oils to treat severe and debilitating illnesses.
- CBD is legal in Kansas but must not carry any quantity of THC.
Is delta-8 THC legal in Kansas?
Delta-8 THC is currently legal in Kansas under state law. You can use, possess, sell, distribute, promote and produce delta-8 products without fear of penalty or prosecution.
However, on December 2nd, 2021, Kansas State Attorney General Schmidt released a controversial opinion stating delta-8 is illegal unless it’s sourced from legal hemp and carries no more than 0.3% THC.
The term “tetrahydrocannabinols” is interesting here. It doesn’t mean just delta-9; it means delta-9 and all its variants, including delta-8, delta-10, THC-O, and HHC.
In other words, if this opinion turns into law, essentially all delta-8 products become illegal in Kansas since they carry above 0.3% delta-8.
You can read an excerpt from Schmidt’s opinion below:
Delta-8 tetrahydrocannabinol (Delta-8 THC) comes within the definition of a Schedule I controlled substance and is unlawful to possess or sell in Kansas unless it is made from industrial hemp and is contained in a lawful hemp product having no more than 0.3% total tetrahydrocannabinols (THC). Unlawful hemp products include cigarettes, cigars, teas, and substances for use in vaping devices. Delta-8 THC derived from any source other than industrial hemp is a Schedule I controlled substance and unlawful to possess or sell in Kansas. Other federal and state laws and regulations place additional limits on the legality of products containing THC and other cannabinoids.
Kansas State Attorney General Schmidt
According to a recent Twitter post from Johnson County District Attorney Steve Howe, written notices are now being sent to businesses stating they must remove delta-8 products from their stores by March 20, 2022. Failure to comply can lead to criminal penalties.
Legislative history of delta-8 in Kansas
Kansas legalized all hemp compounds (including delta-8 but excluding delta-9) in May 2018, following Senate Bill 282. However, no hemp product could carry any quantity of delta-9, differing from the federal Farm Bill allowing up to 0.3%.
Since then, Kansas has allowed the use, possession, sale, purchase, and production of delta-8 products, offering residents a chance to experience a high without consuming illegal marijuana-derived products.
However, there’s now a question mark over delta-8’s legality, and we’re unsure of how long the state will permit their use going further into 2022.
Buying delta-8 in Kansas?
Delta-8 products are still legal and available for purchase across Kansas. You can pick them up online or in-store.
While physical stores have the advantage of face-to-face customer service, we still recommend shopping for delta-8 products online.
You can buy some of the best delta-8 products on the market directly from safe, transparent, and high-quality delta-8 vendors. The shipping costs are typically low, and you can take advantage of frequent deals and bundles to save a little bit of extra money.
Our product experts have tested the most potent delta-8 products on the market that you can order online or pick up at a retail store in Kansas. Here are our reviews:
As a general rule, you should always check your state’s delta-8 laws before purchasing.
The rules and regulations surrounding the use, possession, and purchase of delta-8 are constantly changing. You don’t want to buy or import delta-8 products only to find they’re controlled substances under new law changes.
Can you travel to Kansas with delta-8?
You can still travel into Kansas with delta-8 products, provided they’re sourced from legal hemp plants carrying no more than 0.3% delta-9 THC.
There are currently no laws governing the importation or transportation of hemp-derived delta-8 products across state borders.
However, you cannot legally transport marijuana-derived delta-8 into Kansas under any circumstances.
Not only does the state ban all forms of marijuana (medical and recreational), but the federal government has control over all state borders. Since marijuana remains a federally controlled substance, the federal government would likely deem the transportation of marijuana-derived delta-8 a severe crime.
Is weed legal in Kansas?
No, both recreational cannabis and medical marijuana are illegal in Kansas. The use, possession, purchase, sale, distribution, and production of medical and recreational weed are prohibited under the state’s strict cannabis laws.
Simple possession of cannabis in small quantities is a misdemeanor and punishable by up to six months in jail and a maximum $1,000 fine. Larger quantities are punishable by up to 42 months imprisonment and a maximum $100,000 fine.
However, state lawmakers could make medical marijuana legal in Kansas with a bill already approved by the House of Representatives.
Medical marijuana laws in Kansas
Medical marijuana is not legal in Kansas. Under state law, the use, possession, sale, purchase, distribution, and production of marijuana intended for medicinal purposes is prohibited.
Medical marijuana use and possession laws are strict.
- Possession of any amount is a Class B misdemeanor punishable by up to six months in prison and a maximum fine of $1,000 (first offense).
- Possession of 450 grams or more with the intent to distribute is a Level 5 felony punishable by up to 42 months in prison and a maximum $100,000 fine (depending on quantity).
- Cultivating 4 to less than 50 cannabis plants is a Level 3 felony punishable by 46-83 months imprisonment and a maximum fine of up to $300,000.
Recreational marijuana laws in Kansas
Like medical marijuana, recreational cannabis is also strictly illegal in Kansas under state law.
There is no established adult-use recreational cannabis program for users above 21. If you’re caught using, possessing, purchasing, distributing, growing, or producing cannabis for recreational purposes, expect to get a fine or jail time depending on quantity and intent.
However, in 2015, the city of Witchita decriminalized simple cannabis possession following the approval of the City of Wichita Marijuana Decriminalization Initiative. The initiative reduces the first-time possession penalty from a misdemeanor to a criminal infraction with a $50 fine.
Punishments for recreational cannabis use and possession are the same as medical cannabis.
Can you buy delta-10 THC, THC-O, or HHC in Kansas?
Yes, like delta-8, you can use, possess, sell, purchase, promote, and produce other THC isomer products such as delta-10 THC, THC-O, and HHC.
You can buy these products online and in-store. We recommend buying from online vendors, where you can enjoy cheap shipping and great deals.
Remember, all products must be derived from legal hemp plants carrying no more than 0.3% delta-9. You cannot purchase marijuana-derived delta-10, THC-O, or HHC.
Is CBD legal in Kansas?
Yes, hemp-derived CBD products are legal in Kansas but only if it contains 0% delta-9 THC. Hemp-derived CBD products include tinctures, oils, gummies, and topicals. You can buy them online and through physical health stores and unlicensed dispensaries.
All CBD products carrying any percentage of delta-9 are controlled substances under the laws set out by Senate Bill 282, signed by then-governor Jeff Coyler in May 2018.
Senate Bill 28 (Claire & Lola’s Law), signed into law exactly one year later by Governor Laura Kelly, allows parents to administer low-THC CBD oil for their children suffering from a debilitating illness without the risk of punishment from child protective services. A debilitating illness is defined as one that severely impairs strength or function. The THC content can be no higher than 0.5%.
On February 14, 2022, Kansas lawmakers introduced House Bill 2706, a much-needed bill that could allow the use, possession, and sale of hemp-derived CBD products with up to 0.3% delta-9. It could also permit smokable hemp flower, cigarettes, cigars, vapes, and tea.
Upcoming legislation on delta-8 in Kansas
There’s currently no upcoming legislation that could change delta-8’s legality in Kansas. However, with the state attorney general’s recent opinion, we expect its legality to change later in 2022.
State lawmakers and higher-ups are following the anti-delta-8 trend and looking to either ban, restrict, or regulate delta-8 products. However, as of writing this, delta-8 is legal in Kansas. You can freely use, possess, sell, purchase, promote and produce delta-8 products within the state.
CBD Oil With THC In It Is Now In Kansas Stores, But Good Luck Figuring Out If It’s Legal
Hemp growing at a Kansas farm. A recent hemp bill has CBD vendors confused about whether they can sell products with THC.
TOPEKA — They’re here in Kansas. CBD products with a bit of that oh-so-taboo THC in them. To vape, to put under your tongue.
Some retailers argue those products became legal on July 1 because of tweaks to state regulation of cannabis-related substances in a bill supporting the state’s fledgling industrial hemp program.
THC is the chemical that puts the high in medical and recreational cannabis. Polls show most Americans want it legalized. Kansas is one of a small handful of states with the most restrictive laws against it.
Other vendors who also believe small amounts of THC became legal in Kansas on July 1 geared up to sell, then got cold feet after a hemp advocacy group posted a warning from a high-level Kansas Bureau of Investigation official on its Facebook page.
“Full spectrum is not legal,” says the statement, which Kansans for Hemp organizer Kelly Rippel says he received from KBI executive officer Katie Whisman. “CBD isolate or CBD containing no other controlled substance is what was carved out as legal.”
Full spectrum commonly refers to CBD products that include THC. (Although, buyer beware: Sometimes products labeled “full spectrum” don’t actually contain THC, and sometimes those labeled “THC-free” actually do have it.)
Multiple people who work in the CBD industry said sales of CBD with THC in it are now common across Kansas. The Kansans News Service easily found it for purchase within state lines.
National retailer CBD American Shaman prepped its website to start selling full spectrum to Kansans starting July 1, but postponed that plan when Whisman’s quote surfaced in late June. It remains hopeful the KBI is wrong.
“We’re just not gonna take the chance until it’s really clear,” CEO Vince Sanders said. “It’s all crazy … It is what it is, which is what we deal with in the world that we live.”
His Kansas City-based company sells CBD across the country and has become accustomed to an ever-shifting maze of state-by-state regulations.
“We know the legislators’ intent was to have full-spec oil,” he said. “The revisors (lawyers at the Kansas Statehouse who draw up bills for lawmakers) are writing exactly what the intent was. . We expected to have (a letter of legislative intent) by last Friday. We still don’t have it. So again, we expect it any time.”
A KBI spokeswoman told the Kansas News Service Friday it knows vendors are confused, and that clarification is needed.
“We are currently reviewing the issue, but don’t have specific guidance to offer at this time,” she wrote.
Sen. Mary Ware, who owns two CBD American Shaman stores in Wichita, says she understood the law to legalize full-spectrum products. A revisor and a Department of Agriculture attorney both assured her that was the case, she said, and she has requested clarification from Attorney General Derek Schmidt’s Office.
But a Department of Agriculture spokeswoman said in an email that agency doesn’t directly regulate CBD oil or how it’s used or manufactured, “including determining what the legal level of THC may be.”
“As we read the bill, [full-spectrum CBD] is not directly addressed,” she said.
The bill, she said, “does not regulate end products (other than to prohibit by criminal penalty the production of some specific products) created from hemp.”
“Our intent [was to allow] the growth of industrial hemp and the production of CBD oil,” she continued, “but that all products must meet whatever legal requirement[s] that were already in place.”
The legal requirement already in place for CBD bans THC.
She ultimately referred questions on THC’s legal status in CBD products to the attorney general.
Contacted by the Kansas News Service, Schmidt’s office would not answer the question.
“We have not yet received a request for a legal opinion on this issue,” a spokesman said, and did not answer follow-up questions about whether Schmidt had received an inquiry from Ware.
A Statehouse revisor who worked on the hemp bill wouldn’t comment on whether he had told the senator that full-spectrum products would become legal. He said he had not been approached by anyone seeking a letter clarifying legislative intent.
Revisors can’t answer questions from the public about legal analysis, he said. That includes the Kansas News Service’s question about whether HB 2167 legalized full spectrum CBD products.
How we got here
In 2018, Kansas legalized CBD, or cannabidiol. Vendors could only sell CBD without THC, or tetrahydrocannabinol.
Both substances come from cannabis — the plant with high-THC varieties used for medical and recreational pot, and low-THC varieties used for CBD and hemp products.
CBD legalization led to a flourishing market for the stuff in everything from tinctures and slow-release skin patches to soda drinks and gummy bears.
Ideally, though, vendors want to offer the full-spectrum, THC-laced options, too. Those proved popular in other states. Some sellers say they come with additional health benefits. (The vast majority of claims regarding health benefits of CBD with or without THC have not passed federal vetting.)
This year, Kansas lawmakers passed two laws that relate to cannabis or its extracts.
One was the industrial hemp bill that some vendors believe now allows them to sell full-spectrum CBD with some THC.
The other was Claire and Lola’s law, a narrow bill that may assist certain people if they ever find themselves facing prosecution for possessing some products currently illegal in the state of Kansas.
But do bottles of CBD with small amounts of THC (up to 0.3%, a definition related to federal law) that some vendors now consider fair game even get anyone high?
“You could drink a gallon of the oil in order to get enough THC to get high. You’d be so sick to your stomach and still not be high,” said Ware, the senator who owns CBD shops.
Mallory Loflin, a psychiatry professor at the University of California-San Diego who researches medical cannabis and CBD, had a different take. For some people, a bottle would do it.
“Especially a novice user without much experience with the plant,” she said. “They’re definitely going to be feeling intoxicated.”
But if they chug that much fatty oil, Loflin says, diarrhea is the other effect that likely awaits them.
Celia Llopis-Jepsen reports on consumer health and education for the Kansas News Service. You can follow her on Twitter @Celia_LJ or email her at celia (at) kcur (dot) org. The Kansas News Service is a collaboration of KCUR, Kansas Public Radio, KMUW and High Plains Public Radio focused on the health and well-being of Kansans, their communities and civic life.
Kansas News Service stories and photos may be republished at no cost with proper attribution and a link to ksnewsservice.org.