Kansas Weed Legality: Is Delta 9 THC, Delta 8 THC, and THCA Legal?

Is Delta 9 THC Legal in Kansas?

Delta 9 THC is legal in Kansas under specific conditions. According to Senate Bill No. 263 and the 2018 Farm Bill, hemp-derived Delta 9 THC is legal if the THC content is 0.3% or less on a dry weight basis. This means products derived from hemp that meet this THC concentration threshold can be legally bought and owned in Kansas.

However, marijuana-derived Delta 9 THC remains illegal in Kansas. Possession of marijuana, including marijuana-derived Delta 9 THC, is still subject to criminal penalties, ranging from fines to imprisonment depending on the amount possessed. Thus, while hemp-derived Delta 9 THC products that conform to the legal THC limits are permissible, any marijuana-derived products or those exceeding the 0.3% THC threshold are considered illegal.

Let’s examine some specific details of the bill:

SENATE BILL NO. 263

New Section 1.

(a) Sections 1 and 2, and amendments thereto, shall be known and may be cited as the alternative crop research act.

(2) ‘‘Delta-9 tetrahydrocannabinol concentration’’ means the combined percentage of delta-9 tetrahydrocannabinol and its optical isomers, their salts and acids, and salts of their acids, reported as free THC on a dry weight basis, of any part of the plant cannabis sativa L.

(4) ‘‘Hemp products’’ means all products made from industrial hemp, including, but not limited to, cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seed, seed meal and seed oil for consumption and certified seed for cultivation, if the seeds originate from industrial hemp varieties.

(5) ‘‘Industrial hemp’’ means all parts and varieties of the plant cannabis sativa L., cultivated or possessed by a state educational institution or the department, whether growing or not, that contain a delta-9 tetrahydrocannabinol concentration of no more than 0.3% on a dry weight basis.

Sec. 4. K.S.A. 2017 Supp. 21-5701 is hereby amended to read as follows: 21-5701.

(j) ‘‘Marijuana’’ means all parts of all varieties of the plant Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. ‘‘Marijuana’’ does not include:

(1) The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil or cake or the sterilized seed of the plant which is incapable of germination; or

(2) any substance listed in schedules II through V of the uniform controlled substances act; or

(3) industrial hemp as defined in section 1, and amendments thereto, when cultivated, possessed or used for activities authorized by the alternative crop research act.

(Full Bill)

Can You Buy Delta 9 in Kansas?

Yes, you can buy Delta 9 in Kansas, but only if it is derived from hemp and contains THC concentrations of 0.3% or less on a dry weight basis. Hemp-derived Delta 9 THC products that meet these conditions are legal under both federal and state law as outlined by the 2018 Farm Bill and Kansas Senate Bill No. 263. However, marijuana-derived Delta 9 THC remains illegal in the state.

Is Delta 8 Legal in Kansas?

Delta 8 THC is technically legal in Kansas if it is derived from hemp and contains no more than 0.3% THC, according to the conditions set forth by the 2018 Farm Bill and Kansas state law. However, there are significant complications due to opinions from state authorities.

In December 2021, Kansas Attorney General Derek Schmidt issued an opinion stating that Delta-8 THC is illegal unless it meets the criteria of being derived from industrial hemp and containing no more than 0.3% total tetrahydrocannabinols (THC). This opinion, while not legally binding in the way that laws are, has led to enforcement actions such as requesting retailers to turn over their Delta-8 products or face criminal penalties.

Thus, while Delta 8 THC that complies with the hemp-derived and THC concentration criteria is legal under state and federal laws, the state’s enforcement stance based on the Attorney General’s opinion creates a risky environment for those dealing in Delta 8 THC products in Kansas.

Is THCA Legal in Kansas?

The legality of THCA (tetrahydrocannabinolic acid) in Kansas is ambiguous and somewhat complex due to varying interpretations of state and federal laws. While it might be legally permissible under specific conditions (derived from hemp and compliant with THC limits), the uncertain legal landscape in Kansas makes it risky. Here are the key points that contribute to this complexity:

• Federal Law and THCA: Under the 2018 Farm Bill, industrial hemp and its derivatives, including cannabinoids like THCA, are legal at the federal level provided they contain less than 0.3% THC on a dry weight basis. Since THCA is non-psychoactive and typically does not convert to THC unless heated (through a process called decarboxylation), it generally falls within this legal framework if derived from hemp.
• State Law Ambiguity: Kansas law permits the use of derivatives, cannabinoids, and isomers derived from hemp, except for Delta 9 THC exceeding the 0.3% threshold. However, specific legislation or guidelines directly addressing THCA are not clear, leading to uncertainties about its legal status. The state does not explicitly include or exclude THCA from its legal hemp derivatives.
• Regulatory Enforcement and Interpretations: The interpretation of laws by state authorities can further complicate matters. Without explicit recognition or prohibition of THCA in Kansas statutes, its legal status can hinge on broader interpretations of cannabis and hemp regulations.
• Recommendations for Caution: Given these ambiguities and the strict penalties for cannabis-related offenses in Kansas, it is advised that individuals exercise caution regarding THCA. While it might be legal under certain interpretations, the lack of clear legal protections suggests a potential risk for individuals possessing or using THCA products.

What are the Difference between Delta 9 THC, Delta 8 THC, and THCA?

Overview of Delta 9 THC, Delta 8 THC, and THCA

Delta 9 THC (Delta-9-tetrahydrocannabinol) and Delta 8 THC (Delta-8-tetrahydrocannabinol) are both psychoactive cannabinoids derived from the cannabis plant, differing mainly in their chemical structure and psychoactive potency. Delta 9 THC is widely recognized for its strong psychoactive effects which are associated with the traditional “high” of marijuana. Delta 8 THC, while chemically similar, has a less potent psychoactive effect. THCA (tetrahydrocannabinolic acid), on the other hand, is a non-psychoactive precursor found in raw cannabis plants. It transforms into THC when exposed to heat, a process known as decarboxylation.

In Kansas, the legality of these substances varies: Delta 9 THC from marijuana is illegal, while hemp-derived Delta 9 THC is legal if it contains less than 0.3% THC. Delta 8 THC is also legal under similar conditions. THCA, being non-psychoactive, is legal provided it is derived from hemp with less than 0.3% THC. Here is a table highlighting the key differences of Delta 9 THC, Delta 8 THC, and THCA:

What is Delta 9 THC?

Delta-9-tetrahydrocannabinol (Delta-9 THC) is a psychoactive cannabinoid found in the Cannabis sativa plant, often referred to as marijuana or hemp. As one of over 100 cannabinoids produced by the cannabis plant, Delta-9 THC is the primary compound responsible for the intoxicating effects, or the “high,” associated with cannabis use. This cannabinoid is generally extracted and concentrated from hemp-derived cannabidiol (CBD). However, it’s important to recognize that Delta-9 THC products have not been evaluated or approved by the FDA for safe use. These products can also include potentially harmful chemicals in their manufacturing process and should be securely stored away from children and pets to prevent accidental ingestion.

What is Delta 8 THC?

Delta-8 tetrahydrocannabinol, or Delta-8 THC, is another cannabinoid derived from the cannabis plant. Like Delta-9 THC, it exhibits psychoactive and intoxicating effects but is typically less potent. Recently, Delta-8 THC has seen a rapid increase in popularity, particularly in areas where it remains legal, such as Texas. Despite its legal status, the safety of Delta-8 THC remains a concern, especially among adolescents, as it has not been thoroughly evaluated by the FDA. The marketing of Delta-8 THC also raises public health concerns due to its appeal to a younger audience.

What is THCA?

Tetrahydrocannabinolic acid (THCA) is a non-psychoactive precursor to THC found in the raw cannabis plant. In its natural state, THCA does not produce intoxicating effects. It converts into THC over time or when exposed to heat, a process known as decarboxylation. This transformation occurs during practices such as smoking or vaporizing cannabis. Before heat is applied, the dried buds of the plant predominantly contain THCA, not THC. The conversion of THCA into THC is crucial for the psychoactive effects sought in products like cannabutter, where decarboxylation ensures the release of THC’s potent effects.

Benefits of THCA

Although research on THCA is still in its early stages, it is reputed for potential therapeutic benefits, particularly in treating inflammatory conditions such as arthritis and lupus. THCA may also offer neuroprotective, antioxidant, and anti-nausea properties. One of the notable advantages of THCA is that it does not induce the psychoactive effects typical of THC, making it a preferred choice for individuals who wish to avoid the euphoria or anxiety sometimes associated with cannabis use.

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The content provided on this website is for general informational purposes only and is not intended to serve as legal advice or as a definitive statement of the law. While we strive to maintain accurate and up-to-date information, the legal status of the topics discussed can vary by state and may change over time. Consequently, the information provided here may not reflect the most current legal developments. We do not encourage or discourage the purchase of any products based on the information presented. Before making any decisions related to legal matters, we strongly advise consulting with a qualified attorney in your jurisdiction to obtain advice tailored to your specific circumstances.