Is Delta 8 Legal in Kansas

Is Delta 8 Legal in Kansas?

Yes Delta 8 is legal in Kansas. Only Delta 9 THC is expressly prohibited in the state of Kansas. However, this prohibition means that any cannabis products, including those with Delta 8 THC, must be completely free of Delta 9 THC. This requirement applies to Delta 8 cigarettes, Delta 8 flower, Delta 8 gummies, and Delta 8 vapes.


Kansas State Laws for Delta 8

Over two-thirds of states have legalized the use of medical marijuana, while about a third have legalized recreational use. Unfortunately, marijuana remains completely illegal in Kansas, and the state has some of the strictest laws in the nation regarding the prohibition of cannabis, in general.

Although the House approved a bill in May of 2021 to legalize medical cannabis in the state (a position for which governor Laura Kelly has voiced support), this bill has not yet been taken up by the Senate. Interestingly, Kansas does not allow its citizens to petition for a vote on legalization, which means citizens can’t add it to the ballot.

Hemp cannabis was legalized at the federal level with the passage of the 2018 Farm Bill, allowing for the cultivation, production, distribution, transportation, sale, and possession of hemp and hemp products containing 0.3% or less THC.

What does this mean for residents of Kansas, and how does Kansas treat compounds like cannabidiol (CBD), cannabigerol (CBG), and delta-8-tetrahydrocannabinol?

For a full picture of where Delta 8 THC is legal and isn’t legal go to

What is the Legal Status of CBD in Kansas?

You might think the answer to this question is pretty straightforward since the 2018 Farm Bill legalized hemp cannabis in the U.S., including all 50 states. However, Kansas maintains stricter laws where CBD is concerned.

The state allows only CBD products containing 0% Delta 9 THC for average citizens. It can be sold as oils, powders, pills, and topical lotions.

However, qualified patients and caregivers may possess CBD oil with less than 5% Delta 9 THC under SB 28, known as Claire and Lola’s Law, which was approved by Governor Kelly in 2019.

This law is an affirmative defense law, which means even qualified patients and caregivers can be arrested, charged, and tried but can use a letter from a doctor as a defense. If you are using CBD products with any level of Delta 9 THC, make sure you have proper authorization from a licensed medical professional.

Where to Buy Delta 8 THC in Kansas or Online

Most smart people, like you, know shopping online is typically the fastest and most cost effective way get almost any product; including delta 8 THC products. Have the ability to buy directly from the brand, read reviews, take a look at third-party certificates of analysis (COA) tests, and compare products easily from the comfort of your home.

However, there are some companies producing delta 8 THC through potentially unsafe methods or that are selling products with higher delta-9 content that is legally allowed. For example, some are using heavy metal reagents or doing a poor job at removing the (illegal) delta 9 THC content or harsh chemicals and acids from the final product.

To reduce your odds of coming into this type of problem, it is recommended to always buy from brands that display their third-party COA’s – and this is the greatest benefits of buying online.

Additional Benefits of Ordering D8 THC online:

  • Get better online pricing and seasonal discounts
  • Easily read real customer product reviews & see third-party COA’s
  • Convenience of ordering from the comfort of your home
  • Typically a better product selection with online shops
  • Products left on store shelves can expire if they there isn’t a lot of store traffic


Is a Medical Card Needed in Kansas to Order Delta 8 THC Products?

As Delta 8 products are not regulated there are no medicinal Delta 8 THC products to purchase.  Therefore, even with a Medical Card for Delta 9 THC, consumers are not allowed to purchase D8 products. It was derived from legal hemp — with less than 0.3% of THC — it falls under the same laws as CBD.

Delta 8 THC is currently illegal in the Sunflower State.

Delta 8 THC Flower
Delta 8 THC Gummies
Water Soluble CBD
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