Confusion in Kansas: State Attorney General Says Delta-8 THC is a Controlled Substance

Cannabtimes

<![CDATA[On Dec. 2, 2021, Kansas Attorney General Derek Schmidt released an opinion declaring delta-8 THC is illegal to possess or sell in Kansas under specific circumstances.The opinion reads: “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.” Schmidt’s opinion on delta-8 has already started to play out in one city in Kansas, Hays, where law enforcement could begin taking products that fit Schmidt’s description off shelves or ask shop owners to voluntarily turn in their products, according to a Butler County Times-Gazette article. The article states that Hays Deputy Police Chief Brian Dawson “made clear” that law enforcement may arrest anyone they discover possessing illegal delta-8 products. And Robert Anderson, an attorney from Ellis County (where Hays is located), reportedly wrote to local shops that sell delta-8 on Dec. 29, 2021, asking them to turn in all illegal delta-8 products to law enforcement. He also noted that those who do so would not risk Schedule 1 possession charges, according to the news outlet. According to the news outlet, Anderson said the situation is “a mess” in an interview with Kansas News Service. “Most people and these business owners believe that they’re selling and possessing lawful products,” Anderson said. “I think the legislature should act ……

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Source : Confusion in Kansas: State Attorney General Says Delta-8 THC is a Controlled Substance

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