TOPEKA (KSNT) – The legality of delta-8 in Topeka appears to be in question as a task force, led by the Shawnee County Sheriff’s Office, along with members of the Shawnee County District Attorney’s Office continue to examine the direction law enforcement will take when it comes to the marijuana substitute.

The FDA calls delta-8 THC a psychoactive substance found in Cannabis, but not in significant amounts. The FDA warns the drug may have intoxicating effects.

The debate over its legality in the State of Kansas continues following a recent legal decision that changed the drug’s classification to a controlled substance. While it is legal in Missouri, in Kansas it can be considered a controlled substance depending on the county and how interested law enforcement is in prosecuting.

Shawnee County District Attorney Mike Kagay told KSNT that a task force established two years ago, continues to look at the drug. The task force is led by the Shawnee County Sheriff’s Office, however, two members of Kagay’s office are embedded in the task force.

Johnson County criminal defense attorney Patrik Lewis said, “Whether Delta 8 is legal or illegal in Kansas, depends very much on who you talk to, and maybe even which county you’re in.”

On Dec. 2, Kansas Attorney General Derek Schmidt issued an opinion saying it is unlawful to possess and sell in Kansas if it contains more than 0.3% THC.

According to the CDC, the high of Delta-8 has about 50-75% of the potency as the high from marijuana.

In a previous report of delta-8 KSNT reported Trevor Burdett, the owner of Sacred Leaf, said, “The Kansas law matches the federal law which says that anything that is over 0.3% Delta-9 THC is considered a cannabis or marijuana product and that’s illegal. They only specify that one cannabinoid, they don’t look at any other cannabinoids that we have out there.”

The Kansas District Attorney is warning shop owners that they need to clear the shelves of any Delta-8 products that are not in accordance with the law.

What exactly is the law, and whether delta-8 can be sold seems to be illegal limbo. Kagay said the task force is looking at the drug and will make a determination.

“They’re going to do what is required under the law,” Kagay said.