The vast majority of people who use CBD products want to do so as law-abiding citizens. Even if that is the intent, however, it’s possible for someone to violate the law unintentionally — a scenario that does happen from time to time.
Kansas is one of the handful of states in the U.S. known for having extremely strict laws regulating the sale and use of CBD products. And not only is Kansas notoriously strict, but its changing laws have also caused plenty of confusion in recent years.
While everyone has their own opinions regarding the legal regulations on CBD and other substances, opinions don’t matter much if you end up in front of a judge. Therefore, it’s extremely important to understand the laws — both local and federal — that affect how you can purchase and use CBD.
Can You Legally Buy CBD Oil In Kansas?
The short answer is yes.
But, as with many things in life, the short answer is truly not sufficient in this case. Let’s dive in deeper.
What are the current (as of 2023) laws regarding CBD products in Kansas?
Put in the simplest terms possible, it is legal in Kansas to buy any CBD product containing 0.3% or less delta-9 THC. Though this rule seems straightforward on the surface, it’s important to understand the intricacies of the law before you head out to your local shop and purchase a CBD product.
First of all, note that Kansas places a restriction both on the quantity of THC (up to 0.3%) and on the type of THC (delta-9).
The limit on quantity is relatively new, and actually represents a relaxation of earlier state laws. In 2018 and before, Kansas did not permit the sale of any full spectrum CBD products at all — even supplements with tiny, trace amounts of THC were outlawed. Even after the first few concessions by the state legislature, full spectrum CBD was at first only made available to users with “life-threatening” conditions that could potentially be treated with CBD.
The Federal Farm Bill of 2018 exposed the first cracks in the rigid Kansas CBD laws. The Farm Bill allowed for the legal production and distribution of CBD products made from hemp plants. Since hemp plants naturally contain 0.3% or less THC, this bill technically made it legal to sell and use full spectrum CBD products within any state in the U.S. So if it’s been a few years since you last purchased a CBD product, you might be surprised to suddenly find full spectrum options on your local Kansas shelves.
The specification that CBD must come from the hemp plant is also important. Not surprisingly, if you think about it, the main factor that distinguishes a hemp plant from a marijuana plant is the level of THC in the plant’s natural oils. Though hemp and marijuana plants are similar in almost every other way, if a plant contains 0.3% or less THC, it’s called a hemp plant. Any plants over the 0.3% threshold for THC are considered marijuana.
Plenty of cannabinoid products come from the marijuana plant rather than the hemp plant, and marijuana-derived products are still illegal in the state of Kansas. Note that this is also true for the other states that have yet to legalize marijuana. If you plan to purchase, use, or travel with marijuana products in different states, it’s important to thoroughly understand the laws of each state you’ll be passing through.
Also remember, federal and state laws are always subject to change. And in many cases, even when they don’t change, their interpretations are fuzzy enough to warrant extra caution. Unfortunately, it’s not always clear which products — and the actions you take with those products, such as buying, selling, or using them with friends — may fall in a dubious gray area in the eyes of the law.
For now, we can only reiterate the current legal interpretation from the 2018 Farm Bill: You may purchase CBD products in Kansas, as long as they are derived from a hemp plant and contain 0.3% THC or less.
Let’s talk more about these dubious gray areas.
We’ve talked about the quantity of THC permissible in CBD products, so it’s time to address the type. Remember how the Farm Bill limited delta-9 THC to 0.3% or less?
Many manufacturers produce CBD that contains completely different forms of cannabinoids. Delta-8 is a common compound, for example, as is THC-O, but you can actually find several alternatives to delta-9 on the market.
The problem is, the text of the Farm Bill was fairly specific to delta-9 THC. So, does that mean delta-8 and the other alternatives are still illegal, or does it mean they’re fully legal and not subject to the same 0.3% limitation as delta-9 THC?
Considering how delta-8 THC can have much stronger psychoactive effects than delta-9, many people believe it’s the former. However, that doesn’t stop manufacturers from claiming the latter.
Kansas law still appears to consider these substances illegal, but other states have pointed to the last page of the Farm Bill where a line of text states that total THC concentrations should not exceed 0.3%. They have taken this to mean delta-8, THC-O, and the alternatives are indeed legal under this limit, but to say these are legally murky waters would be an understatement.
You could, in theory, walk into a shop and purchase a delta-8 product that the salesperson insists is perfectly legal, and then get pulled over for speeding and have to explain your possession of the product to the police.
Despite what the salesperson might have told you, no one (except perhaps a savvy lawyer) would be able to predict with any certainty what your possession of an alternative cannabinoid might mean in the eyes of the law. The law text simply doesn’t address them. So even if you don’t wind up in a courtroom, you might have to surrender your product to the police if they decide to confiscate it.
The repercussions of choosing the wrong product go far beyond the legal world.
Part of the appeal of delta-8 and the other converted cannabinoids is that they provide a psychoactive “high” effect. Science hasn’t examined alternative cannabinoid compounds in enough depth to understand why this happens or how it may affect the user in the long term.
In fact, unlike natural CBD, which has been used safely for thousands of years of human history, these chemically created “boutique” compounds only emerged on the consumer market a few years ago. However, many consumers don’t know this.
Since delta-8 and other alternatives aren’t as common as the natural delta-9 form, most people are unaware that their effects can completely change the experience you’ll get from taking a CBD product that contains them. Therefore, even if every ingredient in your chosen product is technically legal, not understanding what you’re buying could give you a nasty surprise.
We’ve heard too many stories about customers walking into less-than-reputable shops looking for a pure, natural CBD supplement to aid sleep or relieve anxiety without causing any impairment and purchasing a delta-8 product from a salesperson who either doesn’t know or doesn’t mention the difference.
Ultimately, these unsuspecting customers take a delta-8 product, experience a high they weren’t expecting, and then feel upset or even scared by the incident. These people might never realize the reason for their terrible experience, and may therefore miss out on the true health benefits of natural CBD.
Whenever one of these stories comes to our attention at Butler Hemp Co., we can’t help but feel dismayed. Kansans are only recently able to reap the benefits of the many known, proven, and healthful effects of CBD, and yet new users are getting scared away by awful experiences with unstudied, relatively unknown boutique cannabinoids.
How can you be sure you’re getting the CBD product that you want?
Clearly, simply walking into a shop and asking for CBD can give you unpredictable results. Whether you’re buying CBD for the first time or simply shopping around for a new brand, you are your best advocate. It’s worth the time and effort to track down the right product for your needs and avoid the ones you definitely don’t want to put into your body.
When in doubt, use these guidelines:
1. Understand what you want.
Are you looking for pain relief, or a safe, natural sleep aid? Or maybe you want to reduce inflammation or ease your anxiety. If so, your best bet is to look only for natural CBD supplements made from hemp and containing 0.3% or less delta-9 THC.
If a product label lists delta-8, THC-O, HHC, or other chemically manufactured ingredients, it’s wise to steer clear unless you’re deliberately looking for a product that will cause a high and may or may not be legal.
2. Search the manufacturer’s website for third-party test results.
Reputable CBD manufacturers should always publish detailed test results for every batch of their products. That way, you can know for sure what’s in your CBD product and what’s not in it. Keep in mind, the list of things you don’t want to see includes far more than synthetic cannabinoids. Thorough tests should confirm that no heavy metals, pesticides, microbial contaminants, or solvents left over from the manufacturing process were found in the batch.
3. Look for a manufacturer with CGMP certification.
Current Good Manufacturing Practice (CGMP) regulations ensure that facilities have adhered to the FDA’s guidelines for production of their supplements. The lack of a CGMP certification doesn’t necessarily send up a red flag, but you can have extra confidence in facilities that do go this extra mile to ensure quality.
4. Check RealTestedCBD.com for reviews.
RealTestedCBD does a great job of diving into products and identifying potential quality issues. If you’re not sure whether a particular brand manufactures products with chemically produced, boutique cannabinoids or thoroughly tests their products, you can easily search for it and see what the reviewers think.
Where are some of the best places to purchase CBD in Kansas?
Currently, Butler Hemp Co. is the only CGMP compliant brand that does all manufacturing locally within Kansas. We publish every single test result for your thorough review, because we’re committed to both transparency and quality. We’re confident that these commitments are why Butler Hemp Co. consistently maintains a high brand rating on RealTestedCBD.
You can find our products in most chiropractic offices and pharmacies in Wichita, or conveniently order from our website.
Other reputable establishments for buying CBD products in Kansas are:
- Pure Wellness, West Wichita
- CBD Plus USA, North Wichita
- Green Acres Market, Wichita
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