The Loophole in Kansas Law That Makes Delta 8 THC Legal

Kansas is pretty restrictive when it comes to hemp-derived products. The state allows the sale of CBD oil with zero delta 9, so you might wonder where that puts hemp-derived delta 8 THC products? 

Can you buy them in Kansas? Are there some restrictions you need to know before you buy? Let’s look at the rules and regulations around this cannabinoid in Kansas. 

Is Delta 8 THC Legal in Kansas? 

Delta 8 THC is legal in Kansas. The Sunflower State hasn’t passed legislation that explicitly bans this substance. 

What is Delta 8 THC? 

A naturally occurring cannabinoid in hemp and cannabis, Δ8 THC is one of the few different THC isomers in the plant. Hemp produces trace amounts of this compound, so most products are infused with delta 8 that’s been isomerized from hemp-derived CBD. Delta 8 is known as the compound that produces a “lighter high” compared to delta 9 — because it’s twice less potent. 

Like delta 9, this cannabinoid binds to the CB1 receptors in the brain, which are part of the endocannabinoid system (ECS) — and are known to cause the psychotropic effects of THC. We don’t know everything about the ECS, but it does play a role in regulating sleep, mood, memory, and appetite. 

Buying Delta 8 THC in Kansas

Kansas hasn’t explicitly banned the use and sale of hemp-derived delta 8 THC. The state allows the sale of hemp CBD with zero delta 9 THC. Meaning, you can buy a Δ8 THC product so long as it doesn’t contain any delta 9 THC. 

While your choice may be limited, there’s plenty of options on the market. Crazy8s offer premium delta 8 THC softgel capsules that contain 30mg of premeasured pure distillate. They are an easy-to-consume, portable product that doesn’t require measuring dosages and messy bottles of oils or tinctures. They are incredibly convenient if you dislike the strong, earthy flavor of hemp oil. 

Crazy8s is a leading provider of tested Δ8 THC gummies, hemp flower, pre-rolls, capsules, and other edibles. All items available on our website are tested by a third-party lab and come with a Certificate of analysis. 

Our capsules, gummies, and pre-rolls are vegan-friendly and made from natural ingredients. They are non-toxic, potent but don’t cause any major side effects. If you’re a beginner, start with a smaller dose, see how it makes you feel, and increase gradually. 

Is Delta 8 THC Legal in Kansas?

Delta 8 THC is legal in Kansas, but there are some restrictions and nuances you need to be aware of when buying a specific product. 

The situation with Δ8 THC in Kansas is a bit interesting. Namely, the state doesn’t allow the sale of hemp CBD products with any concentration of delta 9 THC. The state charges possession of marijuana products (any product that exceeds delta 9 THC) with a misdemeanor. 

But, the law specifically bans the delta 9 isomer instead of the delta 8. Therefore, if the product is pure Δ8 THC and no delta 9, you should be good to use it in the Sunflower State. 

However, keep in mind that these two compounds are isomers and have a very similar chemical structure. Sometimes, Δ8 THC gets confused for delta 9 during testing, so make sure you are aware of that before you buy. 

Kansas passed SB 282 on May 24, 2018, which exempted cannabidiol (CBD) from the definition of marijuana and broadly legalized CBD products with zero THC. This may be semantics, but delta 8 is not specifically banned in the Sunflower State. So, you can buy this cannabinoid as long as the product contains less than 0.3% delta 9 THC. 

What Does the Future Hold?  

Kansas is one of the last states to propose a medical marijuana program. The Kansas House passed the bill recently, which is expected to be enrolled in 2022 and set the ground running for the legalization of medical marijuana in the state. 

Because Kansas holds more conservative views towards cannabis, it will likely ban or regulate Δ8 THC products as part of its future medical marijuana program. 

Is Delta 8 THC Legal Federally?

Recently, the Food and Drug Administration (FDA) issued a warning regarding the health dangers of using delta 8 THC products. However, nothing else came out of it. This compound has existed on the market for over two years and is likely legal on a federal level. 

Several factors point out its likely legal status. DEA officials confirmed that this compound isn’t federally illegal unless made from “non-cannabis material.” This is linked to the fact that Δ8 THC is made from isomerized hemp-derived cannabidiol (CBD), which is “cannabis material.” 

In addition, the US Department of Justice, Drug Enforcement Administration (DOJ-DEA) recently stated in a letter that THCs made from hemp material are legal federally. In the letter, the DOJ stated that “Delta 8 THC synthetically produced from non-cannabis materials is controlled under the Controlled Substances Act as a “tetrahydrocannabinol.” Also, the letter stated that the CSA excludes from control “tetrahydrocannabinols in hemp.” 

This means that Δ8 THC that’s currently on the market and is derived from hemp (naturally or in a lab) and contains less than 0.3% delta 9 THC is legal to sell. 

The confusion around this came after the release of the DEA’s Interim Rule on hemp-derived products, which seemingly alluded that Δ8 THC derived from hemp CBD is illegal because it’s considered a synthetically derived tetrahydrocannabinol. 

There are challenges that the industry must overcome — including the future legality of new cannabinoids — but this compound is likely legal federally. 

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.