Is Delta 8 THC Legal in Kansas?
According to state law, Delta 8 is legal in Kansas. Though, Delta 8 is federally legal due the the 2018 US Farm Bill which made industrial hemp-derived products like CBD and Delta 8 THC legal (as long as the Delta 9 contents remain under the .3% Delta-9 THC threshold, as measured on a dry weight basis), some US States have their own laws regarding these products in the State. Unlike CBD, Delta 8 is psychoactive and will get you high. Learn about the legalities of buying and selling Delta 8 in the State of Kansas.
For example, Kansas has hemp-friendly laws when it comes to other psychoactive cannabinoids such as HHC and Delta-9 THC. An adult residing in Kansas can simply purchase hemp-derived Delta 9 products online, and receive the product legally without visiting a dispensary– also without the need of having a medical card to place an order. The hydrogentated version of THC, Hexahydrocannabinol (HHC), is also available and provides similar effects. So let’s learn more about what Kansas laws are regarding Delta 8!
Yes, Delta 8 THC is legal in the State of Kansas.
In Kansas, Delta 8 is allowed. Classified as legal hemp material both federally and at the state-level, by reviewing the state’s Delta-8 laws, we see that legal Delta-8 can be bought and sold in the State of Kansas. As one of the isomers of hemp– Delta-8 THC likened to a trans tetrahydrocannabinol, resembles the chemical structure of Delta-9 THC however due to the president signing the 2018 Farm Bill, Delta-8 THC is one of industrial hemp varieties allowed by federal law as it is derived from industrial hemp.
Federally, delta-9 tetrahydrocannabinol (Delta-9 THC) is restricted to not exceed .3% delta-9 tetrahydrocannabinol concentration as measured on a dry weight basis. With the newly discovered Delta-8 effects found to be able to get users “high” due to its psychoactive qualities found in the Delta-8 content, it had many wondering if “Delta 8 is legal in Kansas?”
Currently, there are no Delta 8 THC Possession Limits in place for the state. Lawmakers have defined their definition of tetrahydrocannabinols to be monitored in the state which follows the stance on tetrahydrocannabinols as prescribed in the federal 2018 Farm Bill: legal hemp products must abide by the .3% Delta-9 THC limit.
Since the state’s hemp plan has been in place, it has been the responsibility of the Kansas Department of Agriculture to monitor and promote the state’s hemp program. Taking proactive steps to distance themselves from the cannabis plant, legal industrial hemp plants are continuing their fight for separation in the public’s eye, too. Let’s learn why the purchase of hemp products such as Delta-8 THC is legal in Kansas.
Current Kansas Delta-8 Legislation
Shortly after the passing of the 2018 Farm Bill, Kansas updated hemp laws to legalize industrial hemp and its derivatives, including popular hemp-derived cannabinoids such as Delta-8 THC.
In Senate Bill No. 263(SB263), industrial hemp was excluded from the definition of marijuana and this bill provides the following definitions:
‘‘Industrial hemp’’ means all parts and varieties of the plant cannabis sativa L., cultivated or possessed by a state educational institution or the department, whether growing or not, that contain a delta-9 tetrahydrocannabinol concentration of no more than 0.3% on a dry weight basis.
Tetrahydrocannabinols: Meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers Delta 3,4 cis or trans tetrahydrocannabinol, and its optical isomers (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.), except tetrahydrocannabinols obtained from industrial hemp as defined in section 1, and amendments thereto, when cultivated, possessed or used for activities authorized by the alternative crop research act.
Clearly state lawmakers have focused-in on specifically the Delta-9 THC levels, as prescribed by the federal 2018 Farm Bill, and effectively monitor only those types of THC levels. This bill was approved by the Governor and signed into law on 4/20/2018.
Kansas Industrial Hemp Act
With SB263 being passed and becoming state law, it also enacted the Alternative Crop Research Act which authorizes the Kansas Department of Agriculture to monitor the research and development of industrial hemp in the state, according to federal guidelines. This allowed growing and cultivating of industrial hemp in the state and promoting research into all aspects of industrial hemp.
Nearly a year later in 2019, Senate Sub. for HB 2167 was brought to the floor which helped to establish the commercial industrial hemp program in the state. This was later passed and signed into state law by the Governor on 4/19/2019.
In Senate Sub. for HB 2167, the following is stated:
Legislative Intent [New Section 1]The bill declares it is the intent of the Legislature that the KDA’s implementation of the Commercial Industrial Hemp Act (Act) will be conducted in the least restrictive manner allowed under federal law.
Comparatively to other US States, Kansas lawmakers have decided to be the “least restrictive” in their intent and among other aspects of monitoring the commercial hemp program, the bill’s plan includes:
A procedure for testing the delta-9 tetrahydrocannabinol (THC) concentration levels of industrial hemp produced by using post-decarboxylation or other similarly reliable methods
The State of Kansas has decidedly taken a least restrictive approach, and by monitoring the Delta-9 THC levels only, Delta-8 THC is unregulated in the state, as long as it is derived from industrial hemp. The Kansas Legislator Briefing Book goes into greater detail on the Industrial Hemp Program. Kansas Department of Agriculture’s Industrial Hemp Homepage provides more clarity on the program along with the current industrial hemp laws which are available online.
List of controlled substances
With SB263 signed into law, it aimed to also exclude industrial hemp from being deemed as marijuana in the state. Industrial hemp has since been removed from the list of controlled substances in the state. Kansas has designated hemp-derived tetrahydrocannabinols as an item to be excluded from Schedule I Substances. The state of Kansas defines hemp as Cannabis Sativa material with a Delta 9-THC content of no more than 0.3%. Anyone in possession of hemp exceeding .3% Delta-9 THC is at risk of being in possession of marijuana, which is currently a Schedule I controlled substance. Therefore, anyone consuming products containing Delta 8-THC from legal hemp will not be breaking the law in Kansas, as long as the Delta-9 THC in the product does not exceed .3% Delta-9 THC.
Buying and Shipping Delta 8 in Kansas
Knowing that Delta 8 THC is legal in the State of Kansas, residents can buy Delta 8 products with a shipping address located in the state.
Border States to Kansas:
Advocacy Groups in Kansas Supporting Delta 8 and Hemp Laws
Kansans are continuously showing their support of Delta 8 and pushing towards better Hemp Laws in the state. Check out some of the standout organizations in the State:
Kansas Cannabis Industry Association
News stories covering raids or busts on Delta 8 Products and stores in Kansas
Is delta-8 legal in Kansas? Attorney general says no, but a hemp retailer is suing
Kansas hemp retailer sues state over Delta-8 raids
Delta-8 THC retailer sues Kansas over product seizures
Legality of Delta-8 THC challenged, sales allowed in Sedgwick County, for now
Douglas County tightens grip on Delta-8 concern
Douglas County prosecutor won’t ‘aggressively’ prosecute users of Delta-8 THC
Kansas CBD owners claim grey area on Delta-8 products: What’s legal and what’s not?
Topeka CBD shop reopens with Delta-8 products back up
Kan. deputies seize Delta-8 THC products at multiple businesses
Legality of Delta 8 in Topeka remains ambiguous
Delta-8 debate continues in Kansas as retailers want clarification
Delta 8 heads to Kansas Statehouse; stakeholders hope for compromise
Kansas lawmakers seek solution to confusion over delta-8 and medical marijuana
Trying my hand at some Delta-8 from The Health Connection
Businesses in Johnson County must stop selling Delta-8, district attorney says
Johnson County DA sends warning to businesses to stop selling delta-8 THC products
Kansas businesses selling Delta 8 put on notice
Kansas prosecutors to crack down on selling, possession of Delta 8
Johnson County DA says Delta-8 ‘cannot be sold to the public’
Abilene CBD stores playing it safe with unclear Delta-8 state laws
Wilkerson: Riley County will enforce Schmidt’s opinion on delta-8
Confusion in Kansas: State Attorney General Says Delta-8 THC is a Controlled Substance
Delta 8 now illegal in Kansas, but medical marijuana may be on the way
Shops in Hays have been told to turn over their stocks of delta-8 THC products to law enforcement
Ellis Co. Attorney warns Delta-8 illegal; pulled from area stores
These cannabis products sold in Kansas could get you high, and maybe arrested
Kansas CBD laws leave some confused
These Cannabis Products Sold in Kansas Could Get You High, and Maybe Arrested
Kansas Businesses Warned Selling Some Vapes, Gummies Considered Illegal Amid Confusing Law
FROM THE PUBLISHER | A weed by any other name…
What is it like to take delta-8? A reporter shares his experience
Delta-8 | Legal THC products available in Manhattan due to state law loophole
Legal substance that looks like weed, smells like weed but isn’t weed flying off Kansas CBD store shelves
Kansas governor: Medical pot should fund Medicaid expansion
Kansas Prepares For First “Commercial” Industrial Hemp Season
Industrial hemp farm is ready to apply for new commercial status
“Nationally, 36 states have some form of legalized recreational or medical cannabis. Others have more restrictive programs that only allow CBD oil and other products with low levels of THC, the compound in cannabis that is mind-altering.”
– Andrew Bahl The Topeka Capital-Journal