As the CBD industry continues to expand all over the country, a litany of different laws in each state makes for a confusing legal framework. Especially for users of CBD who might not be well-versed in the law, it can often be difficult to follow the extensive laws governing the use of CBD and cannabis-derived products in any given state.
Kansas is yet another example of a state creating a new framework to regulate CBD, as well as other marijuana products. Responding to the requests of thousands of residents in the state who view CBD as an essential form of safe alternative medicine, Kansas passed its own bill in 2018 to legalize hemp-derived CBD products in the state of Kansas. The law made it legal for residents to possess and use any quantity of CBD products.
However, readers need to know that Kansas has still not created any kind of medical or recreational marijuana pilot program. This means that products containing a significant amount of THC—the key psychoactive ingredient in marijuana—remain illegal. The possession of these products could carry significant legal penalties. While this guide was created to guide readers through the complicated legal framework for CBD in Kansas, readers are responsible for ensuring that they are ultimately compliant with local, state, and federally applicable laws.
Kansas Cannabis CBD
CBD derived from the cannabis plant contains significant amounts of THC, which is the chemical in marijuana which induces the “high” that so many users have come to enjoy. CBD containing this compound is still not legal in Kansas. Despite the state’s legalization of CBD products with Senate Bill 282, legislators specifically amended the bill to exclude CBD with a THC content of over .03%.
Users should know that possessing high-THC CBD products derived from the cannabis plant could constitute a serious misdemeanor or felony in Kansas, depending on the amount of the substance at the time of the arrest. The state has, however, stated that they might be willing to legalize medical cannabis as more information on the substance and its effects becomes available.
Hemp CBD in Kansas
Luckily, users looking for CBD with a low THC content can rejoice—it remains legal in Kansas. The 2018 senate bill legalized all CBD products derived from the industrial hemp plant, a decision that aligns with the federal government’s legalization of the industrial hemp industry with their federal farm bill in 2014. Hemp-derived CBD must be below .03% in THC content and can be purchased by consumers over the age of eighteen from shops all over the state.
The Kansas Hemp Act
According to a report by KCUR 89.3, the Kansas legislature legalized the cultivation of industrial hemp. The report indicates that Industrial hemp is derived from the Cannabis Sativa plant, and it has been specifically cultivated to produce 0.3% or less THC. On April 15, 2019, Kansas Governor Laura Kelly signed House Bill 2167, which establishes the state’s Commercial Industrial Hemp Program, announced by the office of the Governor in a press release.
According to the press release, under House Bill 2167, the Kansas Department of Agriculture (KDA), in consultation with the governor and attorney general, is tasked with submitting a plan to the US Department of Agriculture. The plan will outline how the state will monitor and regulate the commercial production of industrial hemp in the state and in compliance with federal law. In addition, the commercial program will replace existing research programs once it is finalized.
Commercial Industrial Hemp Regulations
According to the KDA website, on September 13, 2019, a draft of the regulations and definitions for the Commercial Industrial Hemp Program was made available for public review. The Hemp Advisory Board also met to discuss the proposed regulations, and the regulations are now being revised and proposed regulations are under preparation.
The website further explains that concerning the availability of a commercial program, KDA expects that it will be for the 2020 growing season. A number of factors influence the availability date, such as the administrative rule and regulatory approval and adoption process at the state level, and the USDA’s acceptance. In addition, those who have been awarded an Industrial Hemp Research Program Grower license for 2020 will be able to transition to the 2020 Commercial Industrial Hemp Producer license once it is finalized.
There is also an entire section that explains the applications, provides the forms and processes involved.
Disclaimer: This is not legal advice or guidance. But simply general information. It is best to stay abreast of federal law and the law in one’s state and individuals are responsible for their own decisions concerning CBD and marijuana.
