A recent court decision and law change in the state of Kansas have people asking questions about what is legal when it comes to CBD. This may seem like a trivial matter for the average citizen. The problem is that even some prosecutors and law enforcement officials are having difficulty understanding the new regulations.
Marijuana itself is not legal in Kansas. Like many other parts of the country, they are seeing more and more smoke shops and gas stations that sell CBD products. Many of the questions being raised around the legality of CBD has to do with delta-8 THC. There is a valid reason for the confusion.
In the state of Kansas, delta-9 THC is classified as a controlled substance under state law. This very subtle difference is causing confusion amongst some law enforcement agencies as to whether delta-8 THC CBD products are classified as a controlled substance as well.
In years past, the Industrial Hemp Act in Kansas seemed to specifically single out delta-9 THC as being a controlled substance. This logically seemed to indicate that delta-8 THC products would not fall into the same category.
However, a recent change in the regulation is making it very difficult for people to know if delta-8 THC products are still lawful to use. The new wording in the legislation no longer differentiates between delta-9 THC and any other types of THC. The new wording simply states ‘Tetrahydracannabinoid concentration’.
Robert Anderson is an Ellis County Attorney. In his view “It’s almost impossible for law enforcement officers to figure out which products that they’re coming into contact with are lawful or not. My personal opinion is that marijuana and hemp should be legalized or at a minimum, decriminalized.”
Anderson tells about a case he dealt with in October. There was a burglary at a store selling delta-8 THC products. On top of burglary charges, a charge of distribution of illegal hemp products was added because of the delta-8 THC. When you see charges like that it stands to reason that delta-8 THC products must be illegal. So why are they being sold across the state?
Clarification of the Law is Needed
Mr. Anderson makes a valid point when he says that not knowing for sure what is legal and is not legal is putting an unnecessary burden on law enforcement officials. They cannot effectively uphold the laws of the state if they aren’t certain what the laws of the state actually are.
On top of that, it is also a dangerous situation for the residents of Kansas. With all of the confusion surrounding delta-8 THC it is entirely possible that a store, or even an individual, may find themselves in violation of the law without even knowing it. And it would be hard to place the blame on them because there is so much uncertainty as to what the law actually means.
Whatever the case may be there obviously needs to be some clarification so that everyone can be on the same page. Whether you specify that delta-8 THC products are legal or illegal, you are going to have naysayers either way. That is fine and people are entitled to a difference of opinion on the matter. On the other hand, it is not fine that law enforcement officials and citizens don’t really understand the intent or meaning of the regulation itself.