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.
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.
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.
Is CBD Oil Legal in Kansas?
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.
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.
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.
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.
The cultivation of any hemp or cannabis is illegal outside of participation in the Kansas Industrial Hemp Program.
The sale of any amount of cannabis near a school can earn up to seven years in prison and a $300,000 fine.
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.
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.
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 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.
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.
The state has seen several failed attempts to introduce a proper MMJ program.
The answer is complicated because there is no black and white legislation in place. The official line is that residents of Kansas can buy CBD oil with 0% THC. As those who extract cannabinoids from hemp know, guaranteeing absolutely zero THC is incredibly tricky. In essence, you can purchase broad-spectrum CBD oil in Kansas, but not full-spectrum. CBD isolate is also permissible.
What Are the Marijuana Laws in Kansas?
Even in August 2019, the KDA had already issued 207 growers licenses. The existing rules limit each license to 80 acres of hemp. However, it did not prevent growers from holding multiple licenses! Kansas has enormous potential for hemp cultivation. It has an estimated 47 million tillable farm acres. At present, only a couple of thousand acres are used for hemp. Within the state, approximately 90% of production is specifically for the CBD market.
It was a statement that sent shockwaves throughout Kansas’ CBD brands. Despite several pieces of legislation, nothing has changed. There have been no significant legislative changes since. As a result, the law in Kansas states that CBD oil is legal, but only if it has 0% THC.
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