Kansas, the home of the Western meadowlark, strong winds, and now… delta 8 THC.
If you live in the Sunflower State and want to try delta 8 THC, you probably want to get informed on what’s going on with its legality. Is delta 8 THC legal in Kansas? If so, where to buy high-quality products at the best prices? Let’s dive in.
Last Update: August 31, 2023
- Kansas doesn’t explicitly prohibit the distribution, sale, and possession of hemp-derived delta 8 THC. But, according to an opinion (2021) by the State Attorney, this substance is a controlled substance.
- You can order delta 8 THC products online and in local CBD dispensaries in this state.
- Kansas legalized hemp under SB 263 and removed the plant and tetrahydrocannabinols derived from hemp from the definition of marijuana.
- Mr. Hemp Flower offers a range of hemp-derived delta 8 THC products, including gummies and delta 8 flower for the Kansas marketplace. Wholesale available here.
Is Delta 8 THC Legal in Kansas?
Hemp-derived delta 8 THC is in a legal gray area in Kansas.
The state hasn’t explicitly banned the use and possession of hemp-derived delta 8 THC. However, according to an opinion issued by the Attorney General (2021), delta 8 THC is illegal to possess or sell in this state unless made from hemp and is contained in a product with no more than 0.3% total THC.
The attorney general’s opinion is not legally binding, so unless specific legislation is passed, these products remain under the current hemp bill. Under state law, hemp-derived products with less than 0.3% THC are legal to buy in Kansas.
In 2018, Kansas legalized the cultivation of the hemp plant as per the Farm Bill (SB 263). The state removed hemp and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers from the state’s definition of marijuana.
The legislation updated the state’s Controlled Substances Act to clarify that hemp-derived tetrahydrocannabinols are not classified as Schedule I Substances in the Sunflower State.
The law contains provisions that clearly list which tetrahydrocannabinols are prohibited, followed by “except for tetrahydrocannabinols obtained from industrial hemp as defined” in the law.
Marijuana is illegal in Kansas, so you should avoid both online and in-person unlicensed outlets that sell D8 without offering proper testing.
Where to Buy Delta 8 THC in Kansas?
The best place to order your delta 8 THC products is online.
If you’re looking for a trusted company that makes your health and safety a priority, Mr. Hemp Flower is your go-to. It’s not a secret that many people entered the CBD and now the D8 industry to make a quick buck. On your search for quality D8 products, you’ll come across companies who don’t care about screening for quality.
Therefore, online CBD shops like Mr. Hemp Flower are best for buying this cannabinoid in such a largely unregulated industry.
Why is choosing a reliable delta 8 company so important?
For a hemp-derived product to be legal, it must be made from legally cultivated hemp in the USA. The product must contain 0.3% THC or less and be tested by a third-party lab.
If the vendor doesn’t provide a Certificate of Analysis (like we do), and isn’t transparent about what’s in their D8 or can’t present raving reviews (like we can), avoid buying from them.
Our products are carefully screened for quality, tested by a third-party lab, and shipped directly to your home in discreet packaging.
Did we mention we ship fast, so you can expect to receive fire D8 in the blink of an eye? Also, we’ve been here since 2016, helping you nurture your body with healthy, safe cannabinoids that are legal under the 2018 Farm Bill and contain less than 0.3% THC.
What is Delta 8 THC?
Delta 8 tetrahydrocannabinol is a minor hemp cannabinoid that exhibits similar effects to delta 9 THC (or just THC) — the main psychoactive compound in cannabis. Except, D8 gives a milder, smoother “high,” without the typical side effects produced by THC like anxiety and paranoia. Research shows that D8 is around 50 to 70 percent less intoxicating than delta 9.
Unlike delta 9, delta 8 is found in very tiny concentrations in the hemp plant, which is why most people didn’t know about this compound. But now, chemists have revealed different methods of making D8, including converting hemp-derived CBD into it.
So, most D8 you find on the market is made from cannabidiol. The topic of discussion among experts is whether this method of manufacturing D8 is legal under federal law, which we discuss below.
Delta 8 THC and Federal Law
The legality of Delta-8 on a federal level is confusing. The main issue is the method of manufacturing D8 that’s widely available on the market.
Under the 2018 Farm Bill, all hemp derivatives and cannabinoids have been removed from the Schedule I list of controlled substances. The bill legalized all hemp-derived products as long as they meet the 0.3% THC threshold. Under these provisions, D8 naturally derived from hemp that contains the legal limits of D9 is 100% legal.
But, D8 is present in the hemp plant naturally in very small amounts (less than 0.1%), which is not enough for extracting it in its organic state. So, chemists use a method to convert naturally occurring cannabidiol (CBD) into Delta-8 THC, called isomerization. This method of manufacturing D8 may be considered a method of creating “synthetically derived” THC, which is illegal under federal law.
A report the DEA issued in 2020 that was supposed to clarify the legal status of tetrahydrocannabinols like Delta-8 that are derived from hemp just made things more confusing. The report confirmed that “all synthetically derived tetrahydrocannabinols remain Schedule I controlled substances,” without defining the term “synthetically derived.”
Such a wide interpretation of this term gives the DEA space to consider D8 a synthetically derived compound, regardless if it comes from hemp or marijuana.
Experts argue that though the method of making D8 may not be completely natural, it’s also not synthetic. Under federal law, synthetic cannabinoids are considered the ones that are created in a lab (like Spice and K2) without the use of any cannabis plant material, which is not the case with D8.
Hemp-derived delta 8 THC products are legal in Kansas. The Sunflower State hasn’t banned the use and possession of products containing this cannabinoid. Kansans can buy a wide range of D8 products online safely and discreetly.
Be Sure to Check Out:
Is Delta-8 still legal to buy in Kansas?
Yes, D8 is still legal to buy in Kansas and can be found in various physical and online stores. For now, the Sunflower State hasn’t banned the use and possession of D8.
Where to buy Delta-8 THC in Kansas?
The best place to buy D8 is online, at licensed CBD shops like Mr. Hemp Flower that tests their products and offers a Certificate of Analysis.
Can I order Delta-8 online legally?
Absolutely! Kansans can order a wide range of tested, high-quality D8 online safely.
Is Delta-8 THC legal in all 50 states?
No, 14 states banned this hemp derivative, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Kentucky, Rhode Island, Utah, Vermont, and Washington.
Is Delta-8 THC safe?
Yes, Delta-8 is a safe hemp derivative that doesn’t cause the same side effects as Delta-9. But, because it’s so new on the market, please check the quality of the D8 products you’re buying.
Read our legal disclaimer HERE. While we try to stay as up-to-date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times. We do our best to keep up with state and local policies and regulations, but since those regulations are changing so rapidly, we strongly encourage our customers to check their local state, city and, or county policies before placing an order, as it’s ultimately your responsibility to abide by your local regulations.