Is Delta-8 legal in Kansas?

Hemp-derived Delta-8 THC is arguably legal in Kansas under state law but it is not completely clear. Keep reading for more info. Click here to order the finest Delta-8 products online! 

What is Delta-8? 

Delta-8 tetrahydrocannabinol (THC) is a cannabinoid, which just means it is one of the many substances that comes from the cannabis plant. Cannabinoids from plants are specifically called phytocannabinoids, and there are hundreds of them. When cannabinoids are consumed, they have an effect on the human endocannabinoid system. 

The endocannabinoid system uses the cannabinoids as neurotransmitters/neuromodulators that work with the cannabinoid receptors throughout the human body. ​​The system is still being studied, but researchers link it to regulating physiological and cognitive processes, pain-sensation, immune system activities, appetite, mood, memory, and in mediating the effects of cannabis [1]. 

Delta-8 is a popular THC product used for therapeutic and personal needs. It is similar to Delta-9 THC and we’ll look at that in the next section. Most states are onboard with Delta-8. Oddly, Kansas is not quite at the same stage. 

What’s the Difference Between Delta-8 THC, Delta-9 THC, Delta-10 THC?

Delta-8 THC, Delta-9 THC, and Delta-10 THC all occur naturally in cannabis, and all three are isomers of the same molecule, tetrahydrocannabinol, or THC. THC is one of the hundreds of identified cannabinoids from the cannabis plant, and it is the main psychoactive substance in cannabis. 

An isomer is each of two or more compounds with the same formula but a different arrangement of atoms in the molecule and with different properties. 

The molecules that make these three types of THC are very similar in form. A small structural difference is evident in where a double-bond occurs. For Delta-8 it is on the eighth carbon chain, for Delta-9 the ninth carbon chain, and for Delta-10 the tenth carbon chain. These minimal chemical variations do make a difference. Research shows that Delta-8 and Delta-10 share many of the effects of Delta-9, although typically at lower levels [2].

Learn more about hemp-derived Delta-9 THC here: Is Hemp-Derived Delta-9 Legal in America? 

What does “hemp-derived” mean?

Hemp-derived means made from hemp, sometimes also referred to as industrial hemp. The 2018 Farm Bill (see next section) established new federal legal definitions and rules for hemp, including that hemp and “and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis” may be used for production, sales, transport, and use. 

Hemp and hemp derivatives include cannabinoids like cannabidiol (CBD), Delta-8 THC, Delta-9 THC, and Delta-10 THC. These cannabinoids and others are federally-compliant for use in inhalable, edible, and topical products.

What is the Farm Bill and does the Farm Bill make Delta-8 THC legal? 

The Farm Bill legalized hemp and Delta-8 in the United States. For many years in the United States, cannabis was illegal whether or not it contained THC, its main psychoactive chemical, which occurs naturally in the cannabis plant. 

In 2018, the United States Congress enacted a groundbreaking piece of legislation, known as the 2018 Farm Bill. It defines cannabis with less than .3% of Delta-9 THC per dry weight as hemp and allows it in all 50 states. Cannabis with more than .3% Delta-9 THC per dry weight is defined as marijuana and is still a federally controlled substance on the Drug Enforcement Agency’s Schedule 1 list. This is despite the fact that many states allow medical use or adult recreational use of cannabis with more than .3% Delta-9 THC. 

The Bill defines hemp as: 

Hemp.–The term `hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

All THC isomers in Earthy Select products are made exclusively from organically-grown, federally-compliant, third-party tested hemp. 

Most states passed similar laws in the year or years following the Farm Bill’s enactment. Most of these adopted the same definition of hemp, and legalized hemp and hemp-derived products and cannabinoids. 

How do you buy high quality Delta-8?

Finding great Delta-8 isn’t complicated. The best way is to buy directly from trusted brands like Earthy Select who follow safe manufacturing standards and use third-party testing to ensure a clean and potent product. If processing of Delta-8 is done poorly, it can lead to degradation of the compound, inaccurate potency, or harmful by-products. 

The production methods and standards of Delta-8 THC are critical for its quality, safety and legality. You should always buy from companies who provide a certificate of analysis (CoA) for each product. A CoA is a document attesting to a product’s laboratory analysis for cannabinoids and in some cases adulterants, heavy metals and pesticides. 

Transparency promotes trust and reliability. Producers should only use third-party lab testing and publish the CoA results where buyers can access them. Labs that are registered with the Drug Enforcement Agency (DEA) and International Standards Organization (ISO) and other regulating entities follow federal regulations and are trusted to ensure federal-compliance with Delta-8 and other hemp-derived products. 

Earthy Select provides the highest quality Delta-8 THC and offers third-party CoAs for each and every product, including rich and potent Delta-8 Oils. 

Where is Delta-8 THC legal? 

According to the 2018 Farm Bill, all hemp-derived cannabinoids are federally-compliant as long as they contain less than .3% Delta-9 THC per dry weight. This means that Delta-8 is not federally-controlled substance if it is from hemp, and it contains less than .3% Delta-9 THC per dry weight. 

The federal government allows hemp and hemp-derived Delta-8 THC products nationally and will not limit their transportation across state lines. States still have the ability to limit Delta-8 or other cannabinoids within their own borders. It’s confusing for Americans but is the current situation. To learn about all 50 states, read Is Delta-8 THC Legal in Your State?

Where to buy Delta-8 in Kansas

Delta-8 is available at shops like CBD American Shaman. If Kansans can’t find Delta-8 in their area, ordering online could be a great solution. Remember you can always use the convenience and privacy of Earthy Select’s direct online order service! We sell potent Delta-8 gummies, flower, lozenges, tablets, oils and vapes and we ship nationwide. 

Delta-8 and the law in Kansas

In 2018 Kansas SB 263 authorized a hemp program for the state, in coordination with the Farm Bill. It adopted the Farm bill’s definition of hemp.

Also in 2018, Kansas’s SB 282 changed the definition of marijuana to exclude CBD from the state’s controlled substances schedule (10). The bill legalized Kansas hemp CBD products so long as they do not contain THC.

The state Legislature passed House Bill 2244 in May 2021, which “allows for the sale of full-spectrum CBD products and items made from hemp seed that are produced in the state. As a practical matter, that meant stores can sell delta-8 products [3].” 

December 2021’s Industrial Hemp Regulations document indicates that hemp products can be manufactured, transported, and sold as long as state regulations are followed. 

Around the same time in December 2021, the Attorney General issued an opinion statement saying that Delta-8 is allowed if it is contained in a lawful hemp product and has less than .3% total THC. The statement says possession of Delta-8 products that don’t comply is illegal. This prompted some stores to remove Delta-8 from their stock. Until the state can offer a more definitive policy, ordering online may be the best bet.

Kansas currently does not have medical cannabis or medical marijuana laws in place.

Final thoughts on Delta-8 in Kansas

Kansans may not have the same access to Delta-8 as folks in other states. For the best possible products, ordering online might be the right solution. You’ll love Earthy Select’s premium Delta-8 and we ship nationwide! 

Disclaimer – Information is provided for educational purposes. It does not, and is not intended to, constitute legal advice or medical advice. We attempt to be accurate and up to date but the legality of cannabinoids and the science of cannabis is evolving. The author is neither a lawyer or a legal expert, nor a doctor or medical expert. You should check with your local authorities and medical providers before buying or using any products.

References

1. Wikipedia: Endocannabinoid System
2. Delta-8 and Delta-9: Oral and Intravenous Comparison
3. www.themercury.com Delta-8 Legal THC Products Available in Manhattan Due to State Law Looophole

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