Is CBD Oil Legal in Kansas?

by in US Law September 26, 2019

The 2018 Farm Bill made it official: By removing CBD from the Schedule 1 list of drugs, CBD was legalized at the federal level in the United States. However, that doesn’t mean it’s legal everywhere, as all fifty states and countless local governments still have the power to regulate the substance within their jurisdiction. As a result, a slew of local and state laws have passed which regulate the growth, processing and sale of CBD.

Is CBD Legal in Kansas?

Yes, CBD is legal in Kansas, but at the moment it does not appear that all types of CBD are legal. Indeed, there is a wide degree of confusion about whether or not current law allows for the sale of CBD which contains THC.

First, the legislative history. In 2018, legislation was passed which formally legalized CBD in Kansas; however, the CBD could contain zero THC. This limited options for consumers, as many different forms of CBD have trace amounts of THC (or Tetrahydrocannabinol, which is the chemical in cannabis commonly associated with the “high” found in marijuana). Under that law, Full Spectrum CBD could not be sold, but Broad Spectrum could be, as it contains no THC.

Some have argued that recent changes in state regulations have fully legalized all forms of CBD, regardless of whether or not it contains THC. However, CBD sellers are moving cautiously, noting that the confusion has created a grey area – one which they do not want to cross.

The combined changes in federal and state law mean that Kansas residents are able to order CBD off of the internet; however, ordering CBD which contains any THC may be illegal.

Hemp in Kansas

What is clear is that Hemp may be grown in Kansas. In 2019, the Kansas Department of Agriculture issued 207 licenses for farms to grow hemp. At the same time, the Department issued licenses to 20 distributors, 34 processors and nine educational institutions. The expansive licensing system allows for processors to turn hemp into CBD oil for sale.

This makes Kansas one of 42 states to have formal and state approved hemp programs.

Medical CBD

In May 2019, Kansas Governor Laura Kelly signed “Claire and Lola’s Law,” into law. That bill allowed for CBD to be consumed by “profoundly ill” patients, even if that CBD contained up to 5% THC, much higher than the amount which is typically commercially available.

As Kansas does not currently have a medical marijuana program – such an effort failed to pass the legislature – this is the closest that sick children can come to being able to consume CBD.

Legal History

Legal changes became necessary after numerous Kansas District Attorney’s issued advisory opinions which stated that any CBD was illegal under Kansas law. As recently as 2017, police were confiscating CBD from stores in Kansas City, saying that the substance was illegal.

Author: Leafwindow Team

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