Could Kansas Kick Out Delta-8 THC Products?

Kansas will never be known as the nation’s epicenter for cannabis culture. Unlike California or Colorado, the Sunflower State has been one of the slowest adopters of cannabis-friendly policies. Unfortunately for fans of cannabinoids like delta-8, Kansas’s hesitancy towards cannabis extends to the hemp flower industry. 

Recent reports suggest Kansas may make it even more difficult for people who enjoy using delta-8 produced by hemp flowers. If you’re a delta-8 fan living in this Midwestern state, you need to take extreme care before ordering any hemp-derived extracts. 

What’s The Issue With Delta-8 In Kansas?

The issues with delta-8 THC in Kansas began in the fall of 2021. During this season, Johnson County District Attorney Steve Howe asked KS Attorney General Derek Schmidt to report on the legality of delta-8. 

In February of 2022, DA Howe told the press AG Schmidt believes delta-8 fits the DEA’s Schedule I drug status. Since delta-8 has so many similarities to federally illegal delta-9 THC, Kansas leaders argue they should hold them to the same legal standard. 

What does this mean for delta-8 retailers in Kansas? Well, DA Howe said they would begin targeting delta-8 derived from hemp just like delta-9 THC after March 20, 2022. If hemp shops or customers have delta-8 tinctures, gummies, or flowers by that time, they could face misdemeanor or felony charges. 

Unless there’s a significant change in Kansas State Regulation before March, Kansas residents should consider delta-8 THC a banned substance.  

Does Kansas Allow Recreational CBD Oil?

Although Kansas is ramping up its delta-8 THC policies, that doesn’t mean this state is 100 percent anti-hemp. For instance, Kansas has many provisions that allow doctors to prescribe medical-grade CBD to children with epilepsy. Also, under Kansas Senate Bill 282, adults in the Sunflower State could order recreational CBD oil — but there’s one significant restriction.

Unlike most other states, Kansas doesn’t allow customers to buy CBD with any trace of delta-9 THC. The 2018 US Farm Bill gave CBD manufacturers some leeway with a ≤ 0.3 percent THC limit. Although you could argue that federal law supersedes state policies, the fact is that Kansas doesn’t want full-spectrum CBD products in its territory. 

It’s extra important for CBD customers to get third-party lab tests with any hemp extracts they want in Kansas. Without this documentation, you could technically be consuming an illegal product. 

As a side note: Kansas farmers could grow hemp in the state with an official license. Since 2019, the Kansas Department of Agriculture oversees the state’s hemp cultivation industry. Anyone interested in learning more about Kansas’s CBD cultivation program should review the KDOA’s requirements. 

What’s Kansas’s Overall Stance On Cannabis Legality?

Unsurprisingly, Kansas doesn’t have a high opinion of cannabis. Except for THC-free CBD oil, all cannabis-derived products are illegal in this state. 

It doesn’t matter how much THC-containing cannabis you have in your possession, you will face a misdemeanor charge for your first offense. At max, you could serve six months in prison and pay a $1,000 fine. 

Anyone who attempts to sell THC products in Kansas will face more significant felony charges. Currently, the penalties for trying to sell 25 grams of cannabis could include a max of 51 months in prison and $300,000 in fines. These penalties increase dramatically the more weed you attempt to sell.

Please remember these laws aren’t related to recreational THC-free CBD oil. Shop owners in Kansas could legally sell CBD if they have third-party lab tests that prove there’s zero percent THC. 

Related: Click here to check out Real Tested CBD’s Full Delta-8 Resource Guide. 

Be Careful With Kansas State Regulation On Hemp 

Nationally, delta-8 THC remains in a legal gray area. However, Kansas is eager to clear up the legality of this psychoactive hemp cannabinoid. Unless Topeka lawmakers challenge DA Howe’s proposal, delta-8 will soon become illegal in the 34th State. 

However, that doesn’t mean you can’t legally order broad-spectrum CBD or CBD isolate powder in Kansas. You just have to be extra careful the hemp companies you’re working with have third-party lab screenings to verify there’s zero risk of THC. If you’re unsure how to find an authentic CBD oil or delta-8 THC products, please be sure to review the resources on Real Tested CBD’s website.