Delta 8 THC is a cannabinoid found in hemp plants that is rapidly expanding in popularity nationwide with promising applications in both medical and recreational fields. While Delta 8 THC might feature familiar chemical properties to the main chemical compound found in marijuana, Delta 9 THC, it has completely different effects and generally less potency for its users.
But is Delta 8 THC legal in Kansas?
Related article: What is Delta 8 THC?
Yes, Delta 8 THC is legal in Kansas
As of today (10/29/2020), Delta 8 THC is legal according to Kansas state law. Like the federal law, Kansas has legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta 9 THC.
Fortunately, Kansas seems to have adopted similar regulations to that of Delta 8 THC in Missouri and decided to not go the direction of Delta 8 THC in Arkansas. Make sure to keep an eye on these regulations of the coming months.
The bills in regard to the legality of Delta 8 THC follows:
SENATE BILL NO. 263
New Section 1.
(2) ‘‘Delta-9 tetrahydrocannabinol concentration’’ means the combined percentage of delta-9 tetrahydrocannabinol and its optical isomers, their salts and acids, and salts of their acids, reported as free THC on a dry weight basis, of any part of the plant cannabis sativa L.
(4) ‘‘Hemp products’’ means all products made from industrial hemp, but not limited to, cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seed, seed meal and seed oil for consumption and certified seed for cultivation, if the seeds originate from industrial hemp varieties.
(5) ‘‘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.
Sec. 4. K.S.A. 2017 Supp. 21-5701 is hereby amended to read as follows: 21-5701.
(j) ‘‘Marijuana’’ means all parts of all varieties of the plant Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. ‘‘Marijuana’’ does not include:
(1) The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil or cake or the sterilized seed of the plant which is incapable of germination; or
(2) any substance listed in schedules II through V of the uniform controlled substances act; or
(3) industrial hemp as defined in section 1, and amendments thereto, when cultivated, possessed
Sec. 7. K.S.A. 2017 Supp. 65-4105 is hereby amended to read as follows: 65-4105.
(h) Any of the following cannabinoids, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:
(1) Tetrahydrocannabinols……………………………………………………… 7370
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.
Cannabis Policy in Kansas
Sadly, Kansas is one of the few states that has yet to adopt a compassionate medical cannabis program, even after Gov. Laura Kelly has repeatedly voiced her support for the movement and a bill legalizing medical cannabis, HB 2017, has been introduced.
Unfortunately due to the coronavirus pandemic, the legislature session was cut short and HB 2017 did not advance, with focus now shifting to 2021. Be sure to contact your local and state lawmakers to voice your opinions on regulation and legalization.
Fun Fact about Hometown Hero: We are High Times Hemp Cup Champions!
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