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CBD Oil Is in Kansas, but Its Legality Remains Confusing

TOPEKA, Kan. — They’re here in Kansas: CBD products with a bit of that oh-so-taboo THC in them.

Some retailers argue those products became legal on July 1 because of tweaks to state regulation of cannabis-related substances in a bill supporting the state’s fledgling industrial hemp program.

‘Full-spectrum CBD is not legal,’ said one expert. But CBD isolate is.

THC is the chemical that puts the intoxicating high in medical and adult-use cannabis. Polls show most Americans want it legalized. Kansas is one of a small handful of states with the most restrictive laws against it.

Other vendors who also believe small amounts of THC became legal in Kansas on July 1 geared up to sell, then got cold feet after a hemp advocacy group posted a warning from a high-level Kansas Bureau of Investigation official on its Facebook page.

“Full spectrum is not legal,” said the statement, which Kansans for Hemp organizer Kelly Rippel said he received from KBI executive officer Katie Whisman. “CBD isolate or CBD containing no other controlled substance is what was carved out as legal.”

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What’s Full Spectrum?

Full spectrum commonly refers to CBD products that include a small amount of THC and other cannabinoids and terpenes. Although buyer beware: Sometimes products labeled “full spectrum” don’t actually contain THC, and sometimes those labeled “THC-free” actually do have it. CBD products are not subject to any federal or state rules requiring testing for potency or purity, except when regulated by cannabis laws in legal cannabis states.

Multiple people who work in the CBD industry said sales of CBD with THC in it are now common across Kansas. The Kansas News Service easily found it for purchase within state lines.

National Retailer Holding Off

National retailer American Shaman prepped its website to start selling full spectrum CBD to Kansans starting July 1, but postponed that plan when Whisman’s quote surfaced in late June. It remains hopeful the KBI is wrong.

‘We’re just not gonna take the chance in Kansas until it’s really clear.’

Vince Sanders, CEO, American Shaman

“We’re just not gonna take the chance until it’s really clear,” CEO Vince Sanders said. “It’s all crazy . . . It is what it is, which is what we deal with in the world that we live.”

His Kansas City-based company sells CBD across the country and has become accustomed to an ever-shifting maze of state-by-state regulations.

“We know the legislators’ intent was to have full-spec oil,” he said. “The revisors (lawyers at the Kansas Statehouse who draw up bills for lawmakers) are writing exactly what the intent was,” adding that he expected to have a letter of legislative intent earlier this month. “We still don’t have it. So again, we expect it any time.”

A KBI spokeswoman told the Kansas News Service last week it knows vendors are confused, and that clarification is needed.

“We are currently reviewing the issue, but don’t have specific guidance to offer at this time,” she wrote.

Few Seem to Have an Answer

State Sen. Mary Ware, who owns two CBD American Shaman stores in Wichita, said she understood the law to legalize full-spectrum products. A revisor and a Department of Agriculture attorney both assured her that was the case, she said, and she has requested clarification from Attorney General Derek Schmidt’s Office.

But a Department of Agriculture spokeswoman said in an email that agency doesn’t directly regulate CBD oil or how it’s used or manufactured, “including determining what the legal level of THC may be.”

“As we read the bill, (full-spectrum CBD) is not directly addressed,” she said.

The bill, she said, “does not regulate end products (other than to prohibit by criminal penalty the production of some specific products) created from hemp.”

“Our intent (was to allow) the growth of industrial hemp and the production of CBD oil,” she continued, “but that all products must meet whatever legal requirement(s) that were already in place.”

The legal requirement already in place for CBD bans THC.

Even the State Attorney General Doesn’t Know

The Agriculture Department spokeswoman ultimately referred questions on THC’s legal status in CBD products to the attorney general.

Contacted by the Kansas News Service, Schmidt’s office would not answer the question.

“We have not yet received a request for a legal opinion on this issue,” a spokesman said, and did not answer follow-up questions about whether Schmidt had received an inquiry from Ware.

A Statehouse revisor who worked on the hemp bill wouldn’t comment on whether he had told the senator that full-spectrum products would become legal. He said he had not been approached by anyone seeking a letter clarifying legislative intent.

Revisors can’t answer questions from the public about legal analysis, he said. That includes the Kansas News Service’s question about whether HB 2167 legalized full spectrum CBD products.

A 2018 Law Legalized CBD Isolate

In 2018, Kansas legalized CBD, or cannabidiol. Vendors could only sell CBD without THC, however.

Both substances come from cannabis— the plant with high-THC varieties used for medical and adult-use marijuana, and low-THC varieties used for CBD and hemp products.

CBD legalization led to a flourishing market for the stuff in everything from tinctures and slow-release skin patches to soda drinks and gummy bears.

Ideally, though, vendors want to offer the full-spectrum CBD options, too. Those proved popular in other states, and for some patients CBD has a greater effectiveness when it operates in combination with THC and other cannabinoids.

Hemp and CBD Laws Both Passed

This year, Kansas lawmakers passed two laws that relate to cannabis or its extracts.

One was the industrial hemp bill that some vendors believe now allows them to sell full-spectrum CBD with some THC.

The other was Claire and Lola’s law, a narrow bill that may assist certain people if they ever find themselves facing prosecution for possessing some products currently illegal in the state of Kansas.

But do bottles of CBD with small amounts of THC (up to 0.3%, a definition related to federal law) that some vendors now consider fair game even get anyone high?

“You could drink a gallon of the oil in order to get enough THC to get high. You’d be so sick to your stomach and still not be high,” said Ware, the state senator who owns CBD shops.

Mallory Loflin, a psychiatry professor at the University of California-San Diego who researches medical cannabis and CBD, had a different take. For some people, a bottle would do it.

“Especially a novice user without much experience with the plant,” she said. “They’re definitely going to be feeling intoxicated.”

But if they chug that much fatty oil, Loflin said, diarrhea is the other effect that likely awaits them.

CBD isolate is legal, but full-spectrum CBD is not. It all depends on the THC content.

CBD Oil in Kansas: Everything You Need to Know

Disclaimer: All of the information in this guide is based on our own research into the topic. We have done our best to use accurate and up-to-date information from respected and credible resources. However, we cannot claim to be a legal authority, and none of the following information should be taken as legal advice.

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A Guide to CBD Oil in Kansas

  • The Kansas Department of Agriculture oversees the hemp-growing program.
  • People across Kansas are enjoying CBD products in all forms.
  • Broad-spectrum CBD and CBD isolate are legal in the Sunflower State.
  • A license is required to grow and process CBD but not to sell it.
  • Kansas legislators are still working to clarify and develop CBD laws in the state.

Is CBD Oil Legal in Kansas?

Imagine this: You walk into a store with CBD products on the shelves. You are greeted by knowledgeable and friendly staff. You leisurely browse the store, ask questions and get no-pressure answers, and see that there are quality verifications for all the products.

You make your purchase and walk out of the store with confidence, toss your bag on the front seat of your car and drive home knowing your product is safe and legal.

If this sounds a bit like a fantasy, you are probably among the thousands of consumers who are unsure of the legality of their products. Despite the fact that people everywhere are enjoying CBD products on a daily basis, buying CBD often feels questionable.

Federal laws put CBD in a gray area because the farming and processing of industrial hemp is legal, but the Food and Drug Administration (FDA) does not approve CBD for use as a supplement, food additive or therapeutic drug.

Further contributing to the confusion is a statement the FDA released acknowledging the thriving market and indicating that enforcement will be focused on companies making medical claims or using unsafe manufacturing practices.

States are allowed to adopt their own laws regarding CBD, and it is usually up to local authorities to interpret and enforce legislation. The ambiguity of the law makes many people hesitant to try CBD no matter how curious they are. We are going to try to clear up some questions about Kansas laws in this article.

Are There CBD Laws in Kansas?

For the most part, Kansas falls in line with the federal guidelines regarding hemp and its derivatives. The Sunflower State has a legal hemp-growing program in place, and stipulates that industrial hemp must contain no more than 0.3 percent THC.

Kansas prohibits the sale of unprocessed hemp, hemp meant for smoking and other products resembling tobacco products, such as dip or chew. For the general population, CBD products are permitted so long as they contain no THC, meaning that no full-spectrum products are allowed in the state.

However, Claire and Lola’s law allows patients with specific diagnosed illnesses to possess CBD products containing up to 5 percent THC.

CBD in Kansas: Understanding Different Types of CBD Products

CBD Oil

CBD oil is the original format for CBD delivery, and it is typically the purest. While some companies infuse their CBD with fancy additives, they rarely include enough of these to create a noticeable effect.

When it comes to CBD, the simpler the better. That’s why Penguin only carries pure CBD oil suspended in MCT oil to aid absorption, with the flavor of your choice added in. Our customers love every one of our four natural flavors, and our unflavored CBD is perfect to add to your food and beverages without affecting the taste.

CBD Oil

Our CBD oil is made with the best Oregon grown hemp. Comes in mint, citrus, natural, strawberry and cookies & cream flavors.

CBD Capsules

Some people want to take their CBD and get out the door without having to put thought into their dose or hold oil under their tongues. We get it. That’s why we’ve got you covered with our 10mg premeasured CBD capsules. Take your intended dose in easy-to-swallow gelcaps, then get on with your day. It’s as easy as that!

CBD Capsules

Convenient, discreet and travel-ready, our CBD capsules can be taken anywhere with ease. Each capsule contains 10mg of our broad-spectrum hemp extract suspended in MCT oil.

CBD Gummies

Colorful CBD gummies are a great way to brighten up your day no matter what time it is. Try our delicious sweet-and-sour CBD gummies to wake up your taste buds in the middle of the afternoon, or as a before-bed snack while you’re winding down for the night. Their 10mg of CBD is the perfect dose whether you eat just one or a handful.

CBD Gummies

Made with the purest CBD isolate, our CBD gummy worms are a treat for your taste buds. Every container contains 30 individual worms, with each one packing 10mg of CBD.

CBD Cream

Frolicking in fields of lavender and peppermint sounds like a perfect summer afternoon, right? Luckily for you, Penguin makes a CBD cream that smells that good. Massage the cream into your trouble spots—or use it all over if you’d like—to seal in moisture and treat yourself to the softness of CBD all day long.

CBD Cream

Our CBD cream is a luxurious cream that’s silky smooth and cooling upon contact. Its terpene rich formula is designed to be absorbed quickly.

Industrial Hemp in Kansas

In 2014, the federal government passed a bill allowing states to develop a research pilot program for growing hemp, in which growers worked with state universities to develop best practices for cultivation. Growers were only allowed to produce hemp commercially under certain circumstances, and they had to work with the state and the overseeing university for sale and processing.

Kansas developed a program under that legislation, and growers now report to the Kansas Department of Agriculture in conjunction with Kansas State University. The state got their commercial program approved through the USDA at the beginning of 2020, but will likely not implement anything until the following growing season.

Those who intend to process hemp are required to register with the state and submit to fingerprinting and background checks. Their employees are required to undergo the same investigative procedures. Those who have committed felonies or serious drug-related offenses are ineligible to receive licensing.

All who are licensed to operate within Kansas’s hemp programs are subject to random inspections and visitations from regulatory authorities, and hemp crops will be randomly tested on a yearly basis. It is unclear how the adoption into the USDA’s program will affect these procedures, as the department requires yearly testing of all crops.

Can I Purchase CBD Online in Kansas?

Purchasing CBD

If you want to purchase CBD in Kansas, you can find products just about anywhere, though not all locations are created equal. Retailers that have CBD thrown on their shelves as an afterthought are not likely to offer you much value, as clerks generally only have anecdotal knowledge and the products are not highly vetted. CBD specialty shops have more knowledgeable staff, but they are still there to make the sales. Plus, most shops are centered around Topeka and Kansas City.

Shopping online will give you the opportunity to take your time getting all your questions answered without having a shopkeeper looming over you.

Websites of reputable companies like Penguin CBD make it easy to find all the information you need in order to make a confident decision without being in a high-pressure sales situation.

CBD Oil in Kansas

Because Kansas’s hemp program is not yet in full swing, and because legislators still seem too confused about CBD laws, most products are imported from other states. Additionally, Kansas does little to regulate retail sales of CBD, so companies taking advantage of a lack of oversight and resources are rampant.

Some companies use hemp that is grown in substandard conditions in order to cut costs. They may be deceptive about what is in their products with misleading packaging, or they may not invest in independent lab testing to confirm the purity of their products. You need to do your research to make sure you are getting a good product, or you could be exposing yourself to something ineffective or dangerous.

Penguin

At the beginning of this article, we described visiting a shop where you know you can trust the CBD you are buying, and you have access to knowledgeable staff without pressure. That’s what it’s like to shop online with Penguin. We would be happy to answer any questions you have, and we offer excellent resources, like our easy-to-use blog.

Our independent lab test results accompany all of our products, and we are a brand you can trust to be dependable. Premier publications like Merry Jane and Medical Daily love our CBD, and so do our customers. When you go with Penguin CBD, you never have to worry about the quality of your products.

Final Thoughts About CBD Oil in Kansas

The CBD laws in Kansas are confusing, but legislators are working to clear things up. Part of the trouble lies with the fact that the Sunflower State looks to the federal government to guide their regulations, but the USDA is the only federal organization with anything clear cut. This covers hemp, but it leaves CBD out of the picture.

Kansas does have an established hemp-growing program that is evolving into a federally approved program later in 2020. Hemp qualifies as hemp and not marijuana, as long as it contains 0.3 percent THC or less, but state law prohibits consumers from using CBD containing any THC whatsoever unless they are patients with qualifying illnesses.

Regardless of the laws, CBD specialty shops operate in abundance around larger cities, and consumers can get products in almost any retail location across the state. You can find broad-spectrum CBD and CBD isolate at these locations, but it is a good idea to do your research and confirm that these products have no THC before you buy.

To save yourself the hassle and buy products you know you can trust, visit our website, where all our products come with a certificate of analysis confirming their THC and CBD content, as well as their purity.

Want to buy CBD oil in Kansas? Here's everything you need to know.