Kansas Attorney General: Delta-8 Is Illegal

Kansas Attorney General Derek Schmidt issued an opinion last month effectively outlawing delta-8 THC products in the state, saying they run afoul of federal law. The opinion came following an inquiry on the legality of the products by Kirk Thompson, the director of the Kansas Bureau of Investigation.

“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.” — Schmidt in the Dec. 2, 2021 opinion

The opinion cites both the Kansas and federal Controlled Substances Acts and the federal Food, Drug, and Cosmetic Act. The state’s law bars a host of hemp-derived products, regardless of THC content, including cigarettes; cigars; chew, dip, or other smokeless material; teas; liquids, solids, or gases for use in vaporizing devices; and any “hemp product intended for human or animal consumption containing any ingredient derived from industrial hemp that is prohibited pursuant to the Kansas food, drug, and cosmetic act,” the opinion states.

Following Schmidt’s opinion, shops in Kansas have been told to turn over their delta-8 products or face criminal penalties, the Butler County Times-Gazette reports.

In a Thursday statement, the Kansas Cannabis Chamber of Commerce, the Kansas Cannabis Coalition, Planted Association of Kansas, and Kansans for Hemp said they “strongly believe the resulting persecution of Kansas citizens, retailers, distributors, and ancillary business owners is detrimental to our state and its people.”

Kansas does allow low-THC cannabis products in a limited program and a comprehensive medical cannabis bill passed the state House of Representatives last year. It is currently being considered in the state Senate.