Kansas: State & County Attorneys warn Delta-8 illegal; pulled from area stores, grace period is over


Recent guidance from the Ellis County Attorney and Kansas Attorney General Derek Schmidt clarified Delta-8 is illegal to sell and possess in Kansas. After informing area businesses of the new clarification, most shops in the county have removed the product from their shelves, but now Ellis County Attorney Robert Anderson, warned those that continue to sell or possess the product are now in clear violation of the law. “Over the last 18 to 24 months across the state of Kansas, businesses have been begun selling hemp-derived Delta-8 THC products — vape pens, gummies, candy, etc.” Anderson said. “These products are typically anywhere between 60-99 percent concentrated Delta-8 THC. Arguably, these products were legal prior to the April 29 amendment. After the law was amended, there was a lot of confusion concerning whether or not these products in particular were now legal or illegal.” He said his department has interpreted the change in law to mean that these products are now illegal, but had not taken action against those in violation. But that grace ends now. “On Dec. 2, the Kansas Attorney General issued an opinion on this very topic and concluded that these products are illegal,” Anderson said. “A recent criminal case in Ellis County took up this issue as well. A district court judge in the 23rd Judicial District found, among other things, that for a hemp product to be lawful, it must contain a total THC concentration of less than 0.3 percent. Bottom line: Hemp-derived Delta-8 THC products are illegal.” Delta-8 came to prominence as a THC product, often thought of as a lighter version of traditional marijuana, processed from hemp, that carried inherent benefits of use, without the psychotropic effects. While Delta-8 is found in small amounts marijuana, along with other cannabinoids, the chemical in marijuana that…

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Source : Kansas: State & County Attorneys warn Delta-8 illegal; pulled from area stores, grace period is over

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