Kansas’ Recent Decision on Delta-8 Raises Concerns


woman holding Delta 8 joint

Delta-8 is making headlines again! Late last year, Kansas City has declared Delta-8 illegal. They’re joining 18 other municipalities that have either banned or restricted access to Delta-8. The decision came after a case requested guidance on selling Delta-8. Law offices claim that didn’t get much response initially. What they are getting now, however, is a ruling decision for the city. Kansas Attorney General Derek Schmidt deemed Delta-8 a controlled substance, therefore, making its sale and possession illegal. If you ask locals though, that ruling can change depending on who you talk to. That’s why the decision is coming up again now.

“Delta-8 THC comes within the definition of a Schedule I controlled substance and is unlawful to possess or sell in Kansas unless it is made from industrial hemp and is contained in a lawful hemp product having no more than 0.3% total tetrahydrocannabinols (THC). Unlawful hemp products include cigarettes, cigars, teas, and substances for use in vaping devices. Delta-8 THC derived from any source other than industrial hemp is a Schedule I controlled substance and unlawful to possess or sell in Kansas. Other federal and state laws and regulations place additional limits on the legality of products containing THC and other cannabinoids.” 

Schmidt in the Dec. 2, 2021 opinion

Delta-8 & THC

At the moment, that state of Missouri isn’t even medically legal. There was a bid last year to change that but no agreement on the matter has been made yet. Despite that, some low-THC products can be sold.

As I mentioned, Delta-8 has been cropping up as many have been looking for a way to access cannabis in states that have yet to legalize. Even more so, the more open we become about cannabis, the more people have been looking into benefits outside of THC and CBD. The issue comes in as Delta-8 falls into a grey area legally. You can legally buy Delta 8 in most states because it isn’t THC, the compound that most legislation focuses on. Since the product supposedly doesn’t have strong psychoactive effects like THC, it gets categorized as a hemp-derived product, allowing it to fall into legal sale across the board. As the loophole is becoming more common knowledge, states are deciding to ban its sale altogether.

Consumers cite a clear-head and less paranoia compared to THC. Others claim that Delta-8 is even stronger than THC. This is what causing confusion and why legislators have demanded more research before they allow its legal sale. As we all know, however, cannabis research isn’t funded properly or performed properly. In the situation of Delta-8 and whether or not it should be legal, time and research seem to be the only thing anyone wants to talk about.

Sign Up for Our Newsletters

Picture of Joycelin Arnold

Joycelin Arnold

Dating back to 2012, Joycelin has wrote for various online Video Game publications covering events and launches regularly. Cannabis has been with her throughout the journey, however. She officially joined cannabis industry in 2016 as a budtender and begin writing for brands and magazines in 2017. Outside of cannabis, she writes science fiction with one published novel, Siren, so far.

Leave a Reply