Delta-8 and Hemp THC Laws in Kansas

How Kansas law treats delta-8 and hemp thc products, from the state code and official state agencies.

Short answer: Kansas lists tetrahydrocannabinols, including natural and synthetic THC isomers, in Schedule I, except THC in industrial hemp (no more than 0.3% delta-9 THC on a dry weight basis) and in hemp products, unless the hemp product is otherwise unlawful under the hemp act. K.S.A. 65-4105(h)(1), 2-3901(b)(4), (7), 2-3908; Kansas Attorney General Opinion 2021-4

Delta-8 and hemp THC products	Kansas lists tetrahydrocannabinols, including natural and synthetic THC isomers, in Schedule I, except THC in industrial hemp (no more than 0.3% delta-9 THC on a dry weight basis) and in hemp products, unless the hemp product is otherwise unlawful under the hemp act. Final hemp products may contain a total tetrahydrocannabinol concentration of not more than 0.3%. Kansas bans selling or distributing hemp cigarettes, cigars, smokeless products, teas, and liquids or solids for vaping; a first violation is a class A nonperson misdemeanor and a repeat is a severity level 9 nonperson felony. The Revisor's annotation to the Schedule I statute summarizes Attorney General Opinion 2021-4 as finding delta-8 THC unlawful to possess or sell unless made from industrial hemp. Kansas has no age-limit or licensing program for hemp THC products. Hemp definitions: https://ksrevisor.gov/statutes/chapters/ch02/002_039_0001.html ; banned hemp products: https://ksrevisor.gov/statutes/chapters/ch02/002_039_0008.html . The AG opinion was not read; it is cited as summarized in the Revisor's annotation. 'No age-limit or licensing program' is based on the hemp act sections read (2-3901, 2-3908), not a full review. Felony prison terms come from the sentencing grids, which combine the severity level with the person's criminal history; maximum fines are $300,000 for nondrug severity levels 1-5 and $100,000 for levels 6-10. Source: K.S.A. 65-4105(h)(1), 2-3901(b)(4), (7), 2-3908; Kansas Attorney General Opinion 2021-4

Delta-8 and hemp THC products

Kansas lists tetrahydrocannabinols, including natural and synthetic THC isomers, in Schedule I, except THC in industrial hemp (no more than 0.3% delta-9 THC on a dry weight basis) and in hemp products, unless the hemp product is otherwise unlawful under the hemp act. Final hemp products may contain a total tetrahydrocannabinol concentration of not more than 0.3%. Kansas bans selling or distributing hemp cigarettes, cigars, smokeless products, teas, and liquids or solids for vaping; a first violation is a class A nonperson misdemeanor and a repeat is a severity level 9 nonperson felony. The Revisor's annotation to the Schedule I statute summarizes Attorney General Opinion 2021-4 as finding delta-8 THC unlawful to possess or sell unless made from industrial hemp. Kansas has no age-limit or licensing program for hemp THC products.

Hemp definitions: https://ksrevisor.gov/statutes/chapters/ch02/002_039_0001.html ; banned hemp products: https://ksrevisor.gov/statutes/chapters/ch02/002_039_0008.html . The AG opinion was not read; it is cited as summarized in the Revisor's annotation. 'No age-limit or licensing program' is based on the hemp act sections read (2-3901, 2-3908), not a full review. Felony prison terms come from the sentencing grids, which combine the severity level with the person's criminal history; maximum fines are $300,000 for nondrug severity levels 1-5 and $100,000 for levels 6-10.

Source: K.S.A. 65-4105(h)(1), 2-3901(b)(4), (7), 2-3908; Kansas Attorney General Opinion 2021-4

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FAQ

Is delta-8 legal in Kansas?

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.