Categories
BLOG

is cbd oil legal in kansas

Is CBD oil legal in Kansas?

Copy article link to clipboard.

Link copied to clipboard.

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

Image lightbox

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

Image lightbox

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

Is CBD Oil Kansas Legal? Cannabidiol Information 2021

Hemp was redefined as an agricultural commodity when the 2018 Farm Bill was made a law. The Bill removed hemp products, including CBD, from Schedule 1 substances. Though this was a significant step towards the legalization of cannabis, the Bill has caused confusion at the state level, especially to Kansas residents.

Before the law was enacted, residents had limited access to CBD oil products. However, Kansas has its Industrial Hemp Pilot Program that is supported by the Farm Bill. This means that consumers in Kansas can still buy CBD products. However, they are still required to adhere to strict regulations until the Kansas Department of Agriculture can regulate the hemp industry.

Historically, the FDA has always been strict with health content and claims that can be understood as medical advice – including CBD. Hence, hemp production or sale, including CBD, remains tightly regulated by federal law.

The Bill provides that individual states regulate or prohibit CBD cultivation and commerce. This is why most countries have attempted to regulate CBD in dietary supplements, beverage, food, and cosmetic products independent of FDA’s rules.

Hence, even though the plains and prairies of this Sunflower state remain entirely open to all sorts of agricultural advancements whether they be new technology, new seeds, or anything new that will boost the economy as well as the health benefits of the residents, there is a gray area when it comes to CBD.

Is CBD Oil Legal in Kansas?

Hard to say. This is because the laws around the legality of CBD in this State are contradictory. On paper, THC-free CBD oil is legal to Kansas residents. However, it’s difficult to find CBD oil with 0% THC. However, in July 2019, an amendment was made to the state hemp and cannabis laws to support the State’s fledgling industrial hemp program.

Kansas is one of the states that have their own list of items they consider part of Schedule 1 drugs, and all combinations and permutations of CBD, as well as its derivatives, can be found on their extensive list of banned items.

To take either of these items from the list requires a legal document that’s not only passed by the legislative but also signed by the Governor, and Kansas still doesn’t have any of these. Republic Governor Jeff Colyer signed a bill, SB 263, into law in April 2018. The Bill is also known as the Alternative Crop Research Act.

The wake of the Farm Bill 2014 allowed States to launch independent pilot programs to further research hemp viability as a crop. Hence, the KDA launched a program in partnership with Kansas’ public universities to allow and license farmers to grown hemp containing no more than 0.3% THC. In February 2019, the KDA published regulations for the research program.

Shortly after the Alternative Crop Research Act was passed, the Governor also signed another law in May 2018, SB 282, to amend the definition of marijuana to finally exempt CBD. It broadly legalized CBD products in Kansas but under the requirement that they contain 0% THC. This only complicates access to CBD because most CBD oil products contain at least 0.3% THC.

Democratic Governor Laura Kelly then signed another law in May 2019, SB 28, also known as Claire and Lola’s Law. The law prohibits child protection or child removal actions by giving parents or kids in possession of physician-recommended medical marijuana oil an affirmative defense. This is with the exception that the oil contains no more than 5% and has a lab test to prove the content.

However, CBD oil that is not THC-free can’t be purchased in Kansas. Hence patients lack access to CBD or medical marijuana for medical use. After the Farm Bill was passed, Kelly signed HB 2167 into law to legalize the creation of the Kansas Industrial Hemp Program.

Hence, to this date, the only acceptable CBD products in Kansas are those with 0% THC. All hemp cultivations must also be licensed by the KDA.

Why You Should Buy CBD Oil Kansas Online?

In Kansas, online is definitely the safest, easiest, and most convenient way to buy CBD oil products. Thanks to the Farm Bill, you can order CBD online and quickly have it delivered to your address in Kansas. However, if the products have more than 0% THC, know that you are definitely breaking the law.

Luckily, by buying online, you can easily confirm whether the product is THC-free by checking the brand’s third-party lab results. The lab results will reveal the type of oil and the amount of THC in the product. It will also show whether the hemp was organic, pesticide-free, chemical-free, and GMO-free.

You will also be able to access online reviews that will help you understand what to expect with the particular product you intend to buy. We recommend that you only order CBD-isolates if you live in this State because they contain no amount of THC.

Are you intending to buy CBD oil Kansas but you are not sure of the legal status of CBD in the Sunflower State. Find in stores buy online 2021.