However, a Kansas Bureau of Investigation official wrote a warning. He said that “full-spectrum is not legal.” Instead, “CBD isolate or CBD containing no other controlled substance is what was carved out as legal.”
The sale of any amount of cannabis is also a felony, with up to 51 months in prison as the maximum sentence. You are also fined up to $300,000. The sale of 25 grams or more is a more serious felony, with a maximum jail term of 83 months.
As the CBD market proliferates, so too does the level of misinformation. One of the most pernicious myths surrounds the legality of the cannabinoid. There is a belief in some quarters that cannabidiol is legal in all 50 states. You will see this statement printed on many CBD sellers’ websites as if it were fact.
The Latest Kansas CBD Oil Law
Tasty and healthy choices…
One thing you can’t legally do in Kansas is to buy CBD in another state and bring it home.
Cannabis Penalties in Kansas
The Senate Substitute for House Bill 2167, signed in July 2019, shapes today’s CBD laws in Kansas. It established a Commercial Industrial Hemp Program following the 2018 Farm Bill. Prospective hemp farmers can grow their crop as long as it doesn’t exceed a THC level of 0.3%.
It was a confusing time for hemp and CBD advocates, manufacturers, sellers, and consumers. The 2018 Farm Bill changed nothing in this regard. However, there were positive steps in 2019. The first, Claire and Lola’s Bill, was passed in May 2019. It is a protection against prosecution for possession of specific products in Kansas. However, it is a very narrow bill with limited impact.
Some companies are taking advantage of the FDA’s slow pace to issue regulatory requirements and are labeling their products with buzzwords such as “natural” or health claims. How a product is marketed and labeled is important in determining its legality in Kansas or nationally. CBD products making any health claims or promising medical benefits violate FDA rules.
CBD is a cannabinoid found in cannabis and the second-most-abundant compound in the plant after THC. A non-intoxicating substance, CBD shows potential therapeutic benefits including anti-inflammatory, analgesic, anti-anxiety, and seizure-suppression properties. CBD can be derived from the hemp and marijuana plant.
The Farm Bill also endowed the Food and Drug Administration (FDA) with the ability to regulate CBD’s labeling, therapeutic claims, and presence in foods or drinks. Despite the Farm Bill’s passage, the FDA has issued a directive that no CBD, even hemp-derived, may be added to food or beverages or marketed as a dietary supplement. The FDA has begun re-evaluating that stance on CBD products but has yet to revise rules or specifically regulate CBD products.
The conviction for sales of cannabis that contains any THC is a felony punished by tiers of fines and/or incarceration. The sale of fewer than 25 grams, or 0.88 ounces, can carry a sentence of up to 51 months in prison and a $300,000 fine. The sale of 25-449 grams, or 0.88 ounces to 1 pound, carries a sentence up to 83 months in prison and a $300,000 fine. The sale of 450 grams to 30 kilograms, or 1 to 66 pounds, is punishable by up to 12 years in prison and $500,000 in fines. The sale of any amount greater than 30 kilograms, or 66 pounds, can earn up to 17 years in prison and a fine of up to $500,000.
Where to buy CBD in Kansas
Kansas has its own Industrial Hemp Pilot Program, which the Farm Bill helps support. Kansas consumers still can purchase CBD products but they must meet strict requirements while the Kansas Department of Agriculture (KDA) drafts additional rules for a regulated hemp industry.
All CBD products sold in Kansas must be labeled by the manufacturer and seller to include a list and description of all contents, statement of CBD purity, and a warning that the consumption of CBD could be hazardous to the user’s health.
The sale of any amount of cannabis near a school can earn up to seven years in prison and a $300,000 fine.
Why is CBD sometimes illegal?
The KDA oversees and licenses participants in the Industrial Hemp Pilot Program, including research distributors, growers, and processors. Applicants undergo comprehensive background checks to enroll in the program and must pay a non-refundable $200 application fee before their license is approved. Individuals convicted of felonies involving controlled substances are ineligible for participation.
Kansas buyers also can purchase CBD products online, typically through a specific retailer’s website. However, some merchant processing companies consider CBD a restricted business and don’t support its sale. Confirm which checkout system a retailer uses before purchasing CBD online.