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Is CBD oil legal in Kansas?

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Contents

  1. What is CBD?
  2. Why is CBD sometimes illegal?
  3. Kansas CBD laws
  4. Licensing requirements for CBD
  5. Where to buy CBD in Kansas
  6. How to read CBD labels and packaging

Yes, but cannabidiol (CBD) oil must be produced from hemp licensed by the state and contain no THC, under the terms of a 2018 law.

When the 2018 Farm Bill became law, it redefined hemp as an agricultural commodity and removed CBD and hemp products from their former status as a Schedule 1 substance. While this step was a significant step toward cannabis legalization, the Farm Bill caused confusion at the state level, particularly for Kansas residents who had limited access to CBD products before the law was enacted.

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.

What is CBD?

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.

Why is CBD sometimes illegal?

Even though industrial hemp doesn’t produce enough THC to intoxicate consumers, all varieties of cannabis, including hemp, were swept into the category of Schedule 1 under the 1970 Federal Controlled Substances Act. The law defined cannabis as a substance with no accepted medical use, a likelihood for addiction, and a high potential for abuse.

In 2018, Congress passed the Farm Bill and legalized hemp cultivation by removing it from Schedule 1. The Farm Bill defined hemp as cannabis that contains less than 0.3% THC by weight and marijuana as cannabis with more than 0.3% THC. Hemp-derived CBD was thus removed from its Schedule 1 designation, but CBD derived from the marijuana plant is still considered federally illegal because of marijuana’s federally illegal status. Hemp is considered an agricultural commodity, but still must be produced and sold under specific federal regulations, which were not finalized when hemp was legalized.

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.

A bottle of CBD oil. Photo by: Gina Coleman/Weedmaps

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The FDA’s slow movement has created further confusion on the state level. The FDA has historically been strict when it comes to health claims or content that could be understood as medical advice — and makes no exception for CBD.

Hemp production and sale, including its cannabinoids and CBD specifically, remain tightly regulated federally. The Farm Bill provides that individual states may also regulate and even prohibit CBD cultivation and commerce. States may attempt to regulate CBD in food, beverage, dietary supplements, and cosmetic products independently of the FDA’s rules. Kansas has an existing industrial hemp pilot program and is in the early phases of drafting hemp regulations to be submitted to the USDA for approval.

Kansas CBD laws

In April 2018, Republican Gov. Jeff Colyer signed SB 263 into law, known as the Alternative Crop Research Act. This law came about in the wake of the 2014 Farm Bill, which allowed states to launch independent pilot programs to research the viability of hemp as a crop. The KDA launched the program in partnership with Kansas’ public universities to license farmers to grow hemp that contained no more than 0.3% THC. The KDA published regulations for the Industrial Hemp Research Program on February 8, 2019.

Shortly after SB 263 passed, Colyer also signed SB 282 on May 24, 2018, which amended the definition of marijuana to exempt CBD. The law broadly legalized Kansas CBD products, but the requirement that they contain zero THC has complicated access to CBD because most products contain at least trace amounts of THC.

On May 21, 2019, Democratic Gov. Laura Kelly signed SB 28 into law, also known as Claire and Lola’s Law, which prohibits child removal or child protection actions by providing an affirmative defense for parents or children who possess physician-recommended medical cannabis oil. The cannabis oil can contain no more than 5% THC and must have a lab test to prove its cannabinoid content. However, cannabis oil with any amount of THC cannot be purchased in Kansas, so patients currently have no access to cannabis for medical use.

After the passage of the 2018 Farm Bill, Kelly signed HB 2167 into law, which legalized the creation of a Kansas Industrial Hemp Program. To date, the only acceptable CBD products are those that have zero THC and all hemp cultivation must be licensed by the KDA.

Licensing requirements for CBD

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.

The KDA is drafting regulations for the Kansas Industrial Hemp Program.

Testing requirements

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.

CBD oil usually comes with a dropper to allow consumers and patients to measure out their dose. Photo by: Gina Coleman/Weedmaps

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Participants in the Industrial Hemp Research Program must pay $47 per hour for an initial sample collection, and a testing fee of $250 for each lab test. The test is to determine the THC content in the crop. If the sample contains more than 0.3% THC per weight, the plants in the growing area must be destroyed.

Sale regulations

There are no sale requirements for CBD that match Kansas’ legal definition of zero THC.

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.

The sale of any amount of cannabis near a school can earn up to seven years in prison and a $300,000 fine.

Cultivation requirements

The cultivation of any hemp or cannabis is illegal outside of participation in the Kansas Industrial Hemp Program.

The cultivation of 4-50 plants is a felony, earning up to 83 months incarceration and up to $300,000 in fines. Anywhere 50-100 plants can earn up to 83 months in prison and a $300,000 fine, and any amount greater than 100 plants earns up to 204 months in prison and a $500,000 fine.

Kansas CBD possession limits

Kansas CBD laws permit citizens to purchase and possess CBD products that contain zero THC. CBD products can be sold as oils, powders, pills, and lotions. It is a crime to possess any amount of cannabis with trace amounts of THC beside CBD, though state legislators have relaxed possession penalties in recent years.

The possession of any amount of cannabis is a misdemeanor, punishable by either a fine of up to $1,000 and six months in jail. Subsequent offenses are felonies, punishable by up to 3 1/2 years in prison with potential fines up to $100,000. Possession with intent to distribute comes with more severe criminal penalties.

Where to buy CBD in Kansas

Kansas consumers can purchase CBD products at brick-and-mortar shops and through online retailers. Typically, Kansas citizens will find CBD products at specialty retailers and health and wellness grocers or pharmacies.

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.

How to read CBD labels and packaging

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.

Kansas law stipulates that CBD products should clearly show 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. CBD products must also clearly state what kind of CBD is used because only broad-spectrum CBD (extract with THC removed) and CBD isolate (pure CBD powder) contain no traces of THC. Full-spectrum CBD oil contains trace amounts of cannabinoids and therefore is illegal in Kansas.

Kansas consumers should check for the following on CBD product labels:

  • Broad-spectrum, or isolate
  • Amount of active CBD per serving
  • Net weight
  • Suggested use
  • Supplemental Facts label, including other ingredients
  • Manufacturer/distributor name
  • Batch or date code

Is CBD oil legal in Kansas? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? Kansas CBD laws Licensing

It’s Easier To Buy CBD In Kansas Than To Know For Sure What’s In It Or What It’s Good For

LAWRENCE — Before starting his CBD company, Chris Brunin researched the competition, the labs they used, the products they sold.

He checked out ingredient suppliers and organic hemp farmers. He took everyone’s pitches with a heapful of salt.

“The hemp industry is like the Wild West and Wall Street had a baby,” said Brunin. “You have to vet everything and everybody … to make sure you’re not getting messed with or lied to.”

Brunin advises consumers to do the same. Ask to see lab results. Ask how much actual CBD — not just, say, hemp seed oil — is in a bottle. Comparison shop. Is it overpriced? Often, he says, it is.

Kansas legalized CBD, the cannabis extract cannabidiol, last summer. Since then, the state that came late to this multi-billion dollar industry has seen the number of CBD vendors skyrocket.

Spas and massage parlors don’t want to miss their piece of an ever-expanding pie. Last month, Dillons supermarkets rolled out non-edible CBD offerings — balms, lotions and the like — in its Kansas grocery stores with pharmacies.

But as Americans turn to CBD in search of help for everything from migraines to insomnia to cancer, scientists and regulators worry that some companies market unproven health claims, and that others sell products with inaccurate labels. What’s more, even though the products shouldn’t get you high, some might still make you flunk a drug test.

Meanwhile, people who see medical promise in CBD fret about incompetent or unscrupulous manufacturers tainting an industry that activists fought to legalize. Kansas is one of just four states with exceptionally tight laws on all things cannabis.

“Honestly, I’m scared for people,” said Lisa Sublett, of medical cannabis proponents Bleeding Kansas Advocates. “I don’t trust the stuff at your gas station, sorry. You really have no idea what’s in the bottle.”

She recommends consulting The Patient’s Guide to CBD, a 50-page primer from Americans For Safe Access that explains labels, lab analyses and more.

Done right, advocates say CBD products can change an ailing person’s life.

Scientific studies suggest they’re right — at least for people with certain rare epilepsies, and maybe for others. But the vast majority of anecdotal claims piling up about CBD’s medicinal qualities don’t have backing from clinical trials to prove they’re more than sales pitches and the power of placebo.

“There’s some real value here,” Mayo Clinic physician Brent Bauer said. “But we have to do a lot of work to kind of chip away at the rough edges and find out: How big is the diamond? Is it one carat or is it 40 carats?”

Definitive scientific studies will take time. A few intriguing leads include possible benefits for treating anxiety and pain.

Ask for lab results … but know they can be wrong

Quiet Trees, Brunin’s small-batch company, lives in an unassuming 1,500-square-foot lab-and-packing facility in southwest Lawrence.

Shelves line the walls with clear plastic boxes full of bath bombs, vaping mixes and gummy bears. A big blue barrel holds 55 gallons of organic hemp seed oil from Kentucky. A small crew in white lab coats produces, packages and ships products daily to customers — mostly retail shops — in a half dozen states.

One of the shortest routes the products take lands them at CBD of Lawrence. It sits on Massachusetts Street, the heart of the college town’s boutique and local shopping.

There, customers eyeing a bottle of tincture or packet of vape cartridges can whip out a smartphone and scan QR codes on the packaging. That takes them to a Google Drive copy of third-party chemical analyses by a lab in Massachusetts that tests the materials Quiet Trees uses.

Pharmacist Dustin Hothan wants that transparency. The co-owner of CBD of Lawrence says he won’t stock anything without independent lab results.

He pores over product reviews online, looking for any quality complaints about the CBD capsules, beverages and more on the shelves of his store.

Still, Hothan once got a tip that a product he stocked contained detectable amounts of THC, the compound in cannabis that can get you high, or, in smaller, non-intoxicating doses, still make you fail a drug test even weeks after discontinuing use.

“So we sent it off for testing,” he said. “It turned out, it did contain THC.”

The label had promised otherwise. The original lab results, too. Hothan dropped the product.

How can mistakes like these happen? Lab quality varies. The quality of manufacturers in this rapidly ballooning industry does, too. Even the best-intentioned retailers must figure out which names to trust, homing in on labs and brands that prove themselves.

All retailers great and small

Nationally, market analyst Brightfield Group estimates the value of the U.S. CBD industry multiplied seven times over in 2018. In a new report this month, it pegs the market at nearly $24 billion by 2023.

After all, national retailers have joined the action. Customers not drawn to vapes and tinctures will find new takes on old products, Brightfield says. Anti-aging creams. Dog treats. Bottles of multi-vitamin.

The state of Kansas tracks neither the value of CBD sales in the state nor the number of vendors. One hemp advocate guesses the compound is now available at hundreds of locations statewide.

Kelly Rippel, co-founder of Kansans for Hemp, has mixed feelings about that.

“There’s got to be an understanding from all institutions that it can’t be stigmatized anymore,” he said. “But it has to be done in a way that is going to protect public health.”

In reality, neither the state nor federal government check the contents of the tinctures, vapes and more flooding Kansas stores.

As far as the federal Food and Drug Administration is concerned, selling CBD in food and drinks remains illegal. It’s not even approved for dog food.

The sole FDA-approved use is Epidiolex, a CBD drug that proved itself in clinical trials as a treatment for rare types of epilepsy.

As for the booming wellness market, the FDA wants answers to questions about the effects of taking CBD long-term, and about product safety and reports of contamination by pesticides or heavy metals.

“We are looking into this,” the agency said in a recent consumer update.

It has tested a small number of the vast array of CBD products and found contents don’t always match labels. The agency issued warnings, too, to companies caught claiming their products can save people from cancer, Alzheimer’s, diabetes and more.

Scientists at the University of Pennsylvania and other institutions bought more than 80 CBD products online and found fewer than a third were accurately labeled.

CBD levels were off, and some products that claimed not to contain THC actually did.

Legal quandary and quagmire

Vince Sanders, CEO of national CBD retailer American Shaman, would love to talk about what his products do. But the risk for drawing ire from federal regulators held him back in a recent interview.

“Honestly, up until relatively recently, I said a lot of stuff I probably shouldn’t have in retrospect,” he said.

American Shaman recently pulled down thousands of testimonials from its website, Sanders said, to avoid any potential legal liability.

The Kansas City-based CBD heavyweight with franchises in about 25 states, and dozens of shops across Kansas, kept only nebulous phrases on its home page.

“Positive effects.” “Pain management.” “Beneficial qualities.” CBD “helps in recovery from conditions,” the site says, but doesn’t specify any.

Yet, Sanders said in the interview: “There’s overwhelming evidence of what CBD does. … I can’t say it. I wish I could.”

Instead, he suggests, go to PubMed.gov, type in your condition, the keyword CBD, and hit enter. Or just drop by an American Shaman store for a sample.

“They work very quickly,” he said. “If you find some relief during the 15 minutes or so you’re there, then you have a good idea.”

Indeed, the National Library of Medicine’s online research database, PubMed, offers a dazzling array of CBD articles, but far too few clinical trials to back the wide-ranging claims about the substance’s abilities.

Much of the work involves animals and petri dishes, or small-scale trials. CBD shows some promise for helping with pain, anxiety, and even schizophrenia, says Bauer, of the Mayo Clinic. But benefits in studies often came only with exceptionally high doses of CBD — and sometimes side effects.

The fact that “natural” substances can cause problems gets lost at times amid excitement for herbal remedies. St. John’s Wort shrub can help some people with depression, for example, but also messes with birth control.

Bauer, who founded and directs research at Mayo’s program for integrating alternative medicines such as acupuncture into health care there, recommends against CBD for young children, pregnant or breastfeeding women, and patients taking many medications. CBD can screw up dosage levels of certain prescriptions. Talk to your doctor if you plan to take it.

State laws bar Kansans from getting marijuana legally. So is CBD just a poor substitute?

Studies show CBD and THC work differently and have different potential medical benefits, says Mallory Loflin, a psychiatry professor at the University of California-San Diego who specializes in cannabis research. CBD also has a diffuse, lighter effect.

“You need a much bigger dose,” she said. “We don’t start seeing differentiation from placebo in clinical trials for things like anxiety until you get up in the 300- to 600-milligram range.”

That could mean an entire bottle of CBD oil a day, depending on the bottle, but studies with such high doses also give some patients diarrhea. Anecdotally, CBD vendors and consumers often say smaller doses work, but clinical data is lacking.

A vigorous placebo effect complicates research of both cannabis extracts. The risk? That trials can fail, even when the extracts work.

“You’re hearing that cannabinoids are so helpful for so many different conditions — people already believe they’re going to work,” Loflin said. “If everyone’s cured, I can’t compare groups because both groups were cured.”

Loflin is also leading a new Veterans Affairs Administration study in San Diego on the effects of CBD for treating post-traumatic stress disorder. She worries that in today’s absence of settled science, patients don’t know what to get. Some studies point to taking low doses of THC for certain chronic pain, for example, while others suggest going the CBD route — possibly with a little THC, but not with higher doses — for anxiety and other mental health issues.

She studied veterans self-treating with cannabis products in California, where both THC and CBD are legal. Most picked what was likely the wrong treatment for their conditions. Some weren’t even sure what they used.

“Which frankly terrified me,” she said. “Because the effects of CBD vs THC are about as alike as chalk and cheese.”

Celia Llopis-Jepsen reports on consumer health and education for the Kansas News Service. You can follow her on Twitter @Celia_LJ or email her at celia (at) kcur (dot) org. The Kansas News Service is a collaboration of KCUR, Kansas Public Radio, KMUW and High Plains Public Radio focused on the health and well-being of Kansans, their communities and civic life.

LAWRENCE — Before starting his CBD company, Chris Brunin researched the competition, the labs they used, the products they sold.He checked out ingredient…