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.

Legal delta-8 THC flower grown in Kansas

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. 

Kansas District Attorney press release announcement about delta-8 THC legality

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 product legally sold in Kansas
A number of delta-8 products are currently sold in stores across Kansas. Photo: CBD Oracle

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. 

Related: Will 50mg of delta-8 get you high?

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.

Related: Is delta-10 stronger than delta-8?

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. 

Related: What are the effects of THC-O?

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. 

Related: Is delta-8 or CBD better for pain relief?

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. 

Conclusion

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.