Soon after the US Federal government passed the Farm Bill in 2018, Kansas legalized hemp in April 2018 when Governor Jeff Colyer signed Senate Bill 263 or the Alternative Crop Research Act into law. This bill launched the state’s independent pilot program to research hemp with less than 0.3% THC in partnership with universities in Kansas.
Governor Colyer signed Senate Bill 282 in 2018, amending the classification of marijuana to expressly exclude cannabidiol (CBD). This bill generally legalized CBD and required that such products have no THC in order to be sold legally.
Governor Laura Kelly signed House Bill 2167 into law in 2019. This law allowed the establishment of a Kansas Industrial Hemp Program, but only CBD products with no THC were permitted in the state.
All hemp growing in Kansas must be licensed by the Kansas Department of Agriculture.
Medical Marijuana in Kansas
Kansas is one of just 13 states without a full medical cannabis statute, and one of only 19 that still punishes cannabis possession with jail time.
For the first time, Kansas enacted legislation recognising cannabis's medical usefulness in 2018, leaving Idaho as the only state in the country waiting to do the same. SB 282 amended the definition of marijuana to exclude cannabidiol (CBD).
However, because Kansas marijuana laws prohibit the use of tetrahydrocannabinols (THC), it is difficult and unsafe for medical cannabis users to take advantage of this rule, because most CBD products include at least trace quantities of THC ("hemp" is frequently classified as 0.3% THC or less). The law, like SB 28 in 2019, does not allow for the sale of CBD oils in Kansas.
Recreational marijuana use in Kansas is still illegal.
Legalization of Hemp for Industrial Purposes
New Section 1. Definitions
(1) ‘‘Certified seed’’ means industrial hemp seed that has been certified by a certifying agency, as defined by K.S.A. 2-1415, and amendments thereto, as having a delta-9 tetrahydrocannabinol concentration of no more than 0.3% on a dry weight basis.
(2) ‘‘Delta-9 tetrahydrocannabinol concentration’’ means the combined percentage of delta-9 tetrahydrocannabinol and its optical isomers, their salts, and acids, and salts of their acids, reported as free THC on a dry weight basis, of any part of the plant cannabis Sativa L.
(4) ‘‘Hemp products’’ means all products made from industrial hemp, including, but not limited to, cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seed, seed meal, and seed oil for consumption and certified seed for cultivation, if the seeds originate from industrial hemp varieties.
(5) ‘‘Industrial hemp’’ means all parts and varieties of the plant cannabis Sativa L., cultivated or possessed by a state educational institution or the department, whether growing or not, that contains a delta-9 tetrahydrocannabinol concentration of no more than 0.3% on a dry weight basis.
Section 4 As used in K.S.A. 2017 Supp. 21-5701 through 21-5717, and amendments thereto:
(j) ‘‘Marijuana’’ means all parts of all varieties of the plant Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. ‘‘Marijuana’’ does not include:
(1) The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil or cake or the sterilized seed of the plant which is incapable of germination; or
(2) any substance listed in schedules II through V of the uniform controlled substances act;
(3) industrial hemp as defined in section 1, and amendments thereto, when cultivated, possessed, or used for activities authorized by the alternative crop research act.
(1) The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil or cake or the sterilized seed of the plant which is incapable of germination; or
(2) any substance listed in schedules II through V of the uniform controlled substances act;
- a. “Industrial hemp product” means any item manufactured from industrial hemp, including but not limited to cloth, cordage, fiber, food, fuel, paint, paper, particleboard,
plastic, industrial hemp seed, seed meal, or seed oil.
- “Licensee” means a hemp manufacturer who obtains a license from the department under section 188.15 to participate in the industrial hemp commodity program established pursuant to section 188.13 or the industrial hemp production program established pursuant to section 188.14.
- “Production” means any part of planting, cultivating, or harvesting industrial hemp.
Hemp Products Legality in Kansas
At this time, according to the Kansas law all Delta 9 produce that contain THC are illegal, but you can legally buy Delta-8 products like our Delta 8 CBD gummies and CBN gummies. In Kansas you can use, possess, sell, purchase, promote, and produce other THC isomer products such as Delta-10 THC, THC-O, and HHC products. You can buy these products online and in-store.