TOPEKA (KSNT) – Debates surrounding Delta-8 in Kansas are heating up as Attorney General Derek Schmidt announced his guidance following questions from the Kansas Bureau of Investigation.
Delta-8 is just one molecular bond away from Delta-9, which is more commonly known as marijuana. Although according to the CDC, the high of Delta-8 has about 50-75% of the potency as the high from marijuana.
Following a December legal opinion from the Attorney General, many shop owners are confused about legal implications. Many have been selling Delta-8 product for months now with no issues.
“Prior to this, no one ever questioned this,” said owner and founder of American Shaman, Vince Sanders. “But now our phone is ringing, stores’ phones are ringing. People are saying, ‘Hey, I’m concerned. Can I continue to use this? So yeah it has definitely created a stir, to say the least.”
The guidance came after the KBI asked the Attorney General to answer two questions. The first, is if Delta-8 products are legal in Kansas.
“The Attorney General answered the question in the affirmative,” said national cannabis attorney Sean Pickett. “That Delta-8 products if derived from industrial hemp by its definition which requires below .3 percent of Delta-9 THC then those products are legal under Kansas law as well as federal law.”
The second question from the KBI that Schmidt addressed was if Delta-8 is legal, how much can be put inside of a product being sold in stores? Trevor Burdett, the owner of Sacred Leaf, says the answer is clear concerning Delta-9.
“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.”
But, Kansas law does not mention Delta-8 explicitly. The Attorney General’s new guidance seeks to address the recently popular product, saying Delta-8, -9 and -10 are all within the definition of THC. This then places Delta-8 within the realm of other THC products, according to his opinion. Many shop owners, like Burdett, have an issue with this.
“They all have different effects. some are psychoactive and some are not. So, the law that we follow which is the state and federal law, is that every product we have has to be under that 0.3 percent of that Delta-9 THC.”
The Attorney General also mentions in his submitted guidance, that in order to sell Delta-8 it must be in the form of a “lawful product”. This means even if they have less than the 0.3% threshold, products in the form of cigarettes, dip or tea are not permitted. That’s because they are not considered lawful products, so are illegal in the state of Kansas.
This guidance provided by the Attorney General was used this month in a case sprouting out of Ellis County. The District Attorney there is warning shop owners that they need to clear the shelves of any Delta-8 products that are not in accordance with the law.