Is CBD Oil Kansas Legal? Cannabidiol Information 2021
Hemp was redefined as an agricultural commodity when the 2018 Farm Bill was made a law. The Bill removed hemp products, including CBD, from Schedule 1 substances. Though this was a significant step towards the legalization of cannabis, the Bill has caused confusion at the state level, especially to Kansas residents.
Before the law was enacted, residents had limited access to CBD oil products. However, Kansas has its Industrial Hemp Pilot Program that is supported by the Farm Bill. This means that consumers in Kansas can still buy CBD products. However, they are still required to adhere to strict regulations until the Kansas Department of Agriculture can regulate the hemp industry.
Historically, the FDA has always been strict with health content and claims that can be understood as medical advice – including CBD. Hence, hemp production or sale, including CBD, remains tightly regulated by federal law.
The Bill provides that individual states regulate or prohibit CBD cultivation and commerce. This is why most countries have attempted to regulate CBD in dietary supplements, beverage, food, and cosmetic products independent of FDA’s rules.
Hence, even though the plains and prairies of this Sunflower state remain entirely open to all sorts of agricultural advancements whether they be new technology, new seeds, or anything new that will boost the economy as well as the health benefits of the residents, there is a gray area when it comes to CBD.
Is CBD Oil Legal in Kansas?
Hard to say. This is because the laws around the legality of CBD in this State are contradictory. On paper, THC-free CBD oil is legal to Kansas residents. However, it’s difficult to find CBD oil with 0% THC. However, in July 2019, an amendment was made to the state hemp and cannabis laws to support the State’s fledgling industrial hemp program.
Kansas is one of the states that have their own list of items they consider part of Schedule 1 drugs, and all combinations and permutations of CBD, as well as its derivatives, can be found on their extensive list of banned items.
To take either of these items from the list requires a legal document that’s not only passed by the legislative but also signed by the Governor, and Kansas still doesn’t have any of these. Republic Governor Jeff Colyer signed a bill, SB 263, into law in April 2018. The Bill is also known as the Alternative Crop Research Act.
The wake of the Farm Bill 2014 allowed States to launch independent pilot programs to further research hemp viability as a crop. Hence, the KDA launched a program in partnership with Kansas’ public universities to allow and license farmers to grown hemp containing no more than 0.3% THC. In February 2019, the KDA published regulations for the research program.
Shortly after the Alternative Crop Research Act was passed, the Governor also signed another law in May 2018, SB 282, to amend the definition of marijuana to finally exempt CBD. It broadly legalized CBD products in Kansas but under the requirement that they contain 0% THC. This only complicates access to CBD because most CBD oil products contain at least 0.3% THC.
Democratic Governor Laura Kelly then signed another law in May 2019, SB 28, also known as Claire and Lola’s Law. The law prohibits child protection or child removal actions by giving parents or kids in possession of physician-recommended medical marijuana oil an affirmative defense. This is with the exception that the oil contains no more than 5% and has a lab test to prove the content.
However, CBD oil that is not THC-free can’t be purchased in Kansas. Hence patients lack access to CBD or medical marijuana for medical use. After the Farm Bill was passed, Kelly signed HB 2167 into law to legalize the creation of the Kansas Industrial Hemp Program.
Hence, to this date, the only acceptable CBD products in Kansas are those with 0% THC. All hemp cultivations must also be licensed by the KDA.
Why You Should Buy CBD Oil Kansas Online?
In Kansas, online is definitely the safest, easiest, and most convenient way to buy CBD oil products. Thanks to the Farm Bill, you can order CBD online and quickly have it delivered to your address in Kansas. However, if the products have more than 0% THC, know that you are definitely breaking the law.
Luckily, by buying online, you can easily confirm whether the product is THC-free by checking the brand’s third-party lab results. The lab results will reveal the type of oil and the amount of THC in the product. It will also show whether the hemp was organic, pesticide-free, chemical-free, and GMO-free.
You will also be able to access online reviews that will help you understand what to expect with the particular product you intend to buy. We recommend that you only order CBD-isolates if you live in this State because they contain no amount of THC.
Are you intending to buy CBD oil Kansas but you are not sure of the legal status of CBD in the Sunflower State. Find in stores buy online 2021.
CBD Oil With THC In It Is Now In Kansas Stores, But Good Luck Figuring Out If It’s Legal
TOPEKA — They’re here in Kansas. CBD products with a bit of that oh-so-taboo THC in them. To vape, to put under your tongue.
Some retailers argue those products became legal on July 1 because of tweaks to state regulation of cannabis-related substances in a bill supporting the state’s fledgling industrial hemp program.
THC is the chemical that puts the high in medical and recreational cannabis. Polls show most Americans want it legalized. Kansas is one of a small handful of states with the most restrictive laws against it.
Other vendors who also believe small amounts of THC became legal in Kansas on July 1 geared up to sell, then got cold feet after a hemp advocacy group posted a warning from a high-level Kansas Bureau of Investigation official on its Facebook page.
“Full spectrum is not legal,” says the statement, which Kansans for Hemp organizer Kelly Rippel says he received from KBI executive officer Katie Whisman. “CBD isolate or CBD containing no other controlled substance is what was carved out as legal.”
Full spectrum commonly refers to CBD products that include THC. (Although, buyer beware: Sometimes products labeled “full spectrum” don’t actually contain THC, and sometimes those labeled “THC-free” actually do have it.)
Multiple people who work in the CBD industry said sales of CBD with THC in it are now common across Kansas. The Kansans News Service easily found it for purchase within state lines.
National retailer CBD American Shaman prepped its website to start selling full spectrum to Kansans starting July 1, but postponed that plan when Whisman’s quote surfaced in late June. It remains hopeful the KBI is wrong.
“We’re just not gonna take the chance until it’s really clear,” CEO Vince Sanders said. “It’s all crazy … It is what it is, which is what we deal with in the world that we live.”
His Kansas City-based company sells CBD across the country and has become accustomed to an ever-shifting maze of state-by-state regulations.
“We know the legislators’ intent was to have full-spec oil,” he said. “The revisors (lawyers at the Kansas Statehouse who draw up bills for lawmakers) are writing exactly what the intent was. . We expected to have (a letter of legislative intent) by last Friday. We still don’t have it. So again, we expect it any time.”
A KBI spokeswoman told the Kansas News Service Friday it knows vendors are confused, and that clarification is needed.
“We are currently reviewing the issue, but don’t have specific guidance to offer at this time,” she wrote.
Sen. Mary Ware, who owns two CBD American Shaman stores in Wichita, says she understood the law to legalize full-spectrum products. A revisor and a Department of Agriculture attorney both assured her that was the case, she said, and she has requested clarification from Attorney General Derek Schmidt’s Office.
But a Department of Agriculture spokeswoman said in an email that agency doesn’t directly regulate CBD oil or how it’s used or manufactured, “including determining what the legal level of THC may be.”
“As we read the bill, [full-spectrum CBD] is not directly addressed,” she said.
The bill, she said, “does not regulate end products (other than to prohibit by criminal penalty the production of some specific products) created from hemp.”
“Our intent [was to allow] the growth of industrial hemp and the production of CBD oil,” she continued, “but that all products must meet whatever legal requirement[s] that were already in place.”
The legal requirement already in place for CBD bans THC.
She ultimately referred questions on THC’s legal status in CBD products to the attorney general.
Contacted by the Kansas News Service, Schmidt’s office would not answer the question.
“We have not yet received a request for a legal opinion on this issue,” a spokesman said, and did not answer follow-up questions about whether Schmidt had received an inquiry from Ware.
A Statehouse revisor who worked on the hemp bill wouldn’t comment on whether he had told the senator that full-spectrum products would become legal. He said he had not been approached by anyone seeking a letter clarifying legislative intent.
Revisors can’t answer questions from the public about legal analysis, he said. That includes the Kansas News Service’s question about whether HB 2167 legalized full spectrum CBD products.
How we got here
In 2018, Kansas legalized CBD, or cannabidiol. Vendors could only sell CBD without THC, or tetrahydrocannabinol.
Both substances come from cannabis — the plant with high-THC varieties used for medical and recreational pot, and low-THC varieties used for CBD and hemp products.
CBD legalization led to a flourishing market for the stuff in everything from tinctures and slow-release skin patches to soda drinks and gummy bears.
Ideally, though, vendors want to offer the full-spectrum, THC-laced options, too. Those proved popular in other states. Some sellers say they come with additional health benefits. (The vast majority of claims regarding health benefits of CBD with or without THC have not passed federal vetting.)
This year, Kansas lawmakers passed two laws that relate to cannabis or its extracts.
One was the industrial hemp bill that some vendors believe now allows them to sell full-spectrum CBD with some THC.
The other was Claire and Lola’s law, a narrow bill that may assist certain people if they ever find themselves facing prosecution for possessing some products currently illegal in the state of Kansas.
But do bottles of CBD with small amounts of THC (up to 0.3%, a definition related to federal law) that some vendors now consider fair game even get anyone high?
“You could drink a gallon of the oil in order to get enough THC to get high. You’d be so sick to your stomach and still not be high,” said Ware, the senator who owns CBD shops.
Mallory Loflin, a psychiatry professor at the University of California-San Diego who researches medical cannabis and CBD, had a different take. For some people, a bottle would do it.
“Especially a novice user without much experience with the plant,” she said. “They’re definitely going to be feeling intoxicated.”
But if they chug that much fatty oil, Loflin says, diarrhea is the other effect that likely awaits them.
Celia Llopis-Jepsen reports on consumer health and education for the Kansas News Service. You can follow her on Twitter @Celia_LJ or email her at celia (at) kcur (dot) org. The Kansas News Service is a collaboration of KCUR, Kansas Public Radio, KMUW and High Plains Public Radio focused on the health and well-being of Kansans, their communities and civic life.
TOPEKA — They’re here in Kansas. CBD products with a bit of that oh-so-taboo THC in them. To vape, to put under your tongue.Some retailers argue those…