CBD in Kansas
Is it Legal? How to Buy?
The plains and prairies of the Sunflower state are quite open to all sorts of agricultural advancements whether they be new seeds, new technology or anything new to boost the economy and health benefits of its residents. But they develop cold feet as soon as you mention the name of CBD oil or its many other derivatives.
Is CBD Oil Legal
Hard to say. There are contradictory laws around the legality of CBD in the state.
On paper, CBD oil with 0% THC has been made legal to the residents of Kansas for over a year now but it’s really hard to find CBD Oil with literally 0% THC.
Then there is the July 1st 2019 amendment to the state cannabis and hemp laws, supporting state’s fledgling industrial hemp program..
What's Legal, What's Not!
Not happy with just the definition of the FDA terming cannabis as a Schedule 1 drug, Kansas legislature has their own huge list of items that are part of these Schedule 1 drugs. All permutations and combinations of the cannabidiol and its derivatives can be found in this extensive list of banned items.
Taking them out of this list will need a legal document that is passed by the legislative and signed by the Governor but that document is visible nowhere on the horizon in the near future.
This law also bars any of the agencies from removing children from the homes of parents who possess or use CBD oils for medical treatment.
This bill was more of a political appeasement than a conscious effort by the legal machinery in the state to help its residents gain the health and economic benefits from CBD and its products. Republican Representative Mark Schreiber took up this issue after meeting a family with two daughters, both of them suffering from microcephaly - a condition with an underdeveloped brain. These children were Claire and Lola and their parents wanted to use CBD oil to treat their seizures. Claire however passed away at the age of 17 before this bill was passed.
CBD treats chronic pain, relieves any anxiety, helps with sleep disorders and keeps a patient focused. This bill allows CBD oil to contain up to even 5% THC for medical use but Kansas is a state that has no provisions for use of medical marijuana or its other products. So, the law may treat you as an offender or not depending upon their whims and fancies.
This 5% THC content CBD oil to treat certain conditions can be procured against a physician’s note. But the legislation does not legalise the oil containing THC fully, nor does it allow any production, distribution or sale of these products in Kansas.
If you want to use CBD, you shall need to obtain it in another state and check it against a third party laboratory for verification of THC level and carry it across state lines which automatically makes it an offence under Federal laws.
The state of Kansas seems not interested at all to tie up these loose ends in the legal framework but leave a door open to complicate matters for anyone who possesses CBD oil that contains THC. The law only helps people with an affirmative defence for possession which however does not mean that you will not be arrested and charged if found in possession. It only means that you can fight your case in the court and try to convince them against a letter from the physician.
Some retailers will argue that these products became legal on July 1, 2019 with tweaks to state regulations to support the industrial hemp program of the state. But no one is ready to test that theory and open up a retail store or health shop, etc. that offers CBD or its products. They further grew cold feet after a hemp advocacy group posted warnings from a Kansas Bureau of Investigation official about the same on his Facebook page.
But even then, CBD products labeled as 0% THC content but containing more amounts of THC are available in the state but these retailers and buyers are playing with fire in the absence of clearer guidelines.
HB 2167 establishes a commercial hemp program in the state but leaves it to imagination the question about legalising full spectrum CBD products. Ideally, vendors want the option to allow possession and sale of full spectrum THC options for all CBD products.
But the health benefits as advertised are still under scrutiny by the federal agencies. The penalties for using CBD that has even a minute amount of THC is the same as using recreational marijuana and is treated and penalised as a drug related offense in the state.
Various government officers and agencies seem to ignore the fact that small amounts of THC are beneficial to the body and do not give a high. To get a high from say 0.3% THC content CBD one will need to ingest huge quantities of it and even then there is no guarantee that they will get a high, though chances of diarrhea are more likely to happen due to that much oil intake.
Where to buy CBD oil
There are a few local stores in Kansas that sell CBD oil though most retailers are waiting for the laws to start making sense before they jump into the obvious economic boost that this trade can provide. Most of these stores offer CBD oil that has 0% THC in it though on actual testing many samples were found to contain varying THC amounts by individual researchers in the field. Till the legislations are more conducive, we do not see this fledgling industry blooming in the state of Kansas any time soon.
Horrors of Buying CBD Locally
Many stores sell 0% THC products, but they cannot guarantee that it does not have any THC. The level of THC in a product is dependent on the type of stalks as well as other environmental conditions which are not controllable at present. So, beware of what the label says unless it has a third party laboratory testing certificate or you will be breaking the law.
The state of Kansas and its officials also sued their neighbouring state over legalisation of weed on the grounds that their ‘Weed Law’ place an undue burden on law enforcement. Though a poll done by Fort Hays State University in 2015 showed that over 63% of the residents in Kansas support the medical marijuana program.
How to get CBD Oil Online
Online is definitely easier to buy CBD products with an easy delivery to your address but if the product has even minute amounts of THC then you are obviously breaking the law. Carrying any CBD products on your person, in your car or simply keeping it on your property is also a criminal offence that will reward you with penalties as well as stints in jail.
Final Thoughts on CBD Oil in Kansas
Best way ahead for normal people and residents of Kansas is to stay away from CBD products until the laws are made more conducive for their use, possession, selling and buying. The small business of medical CBD is too flimsy in terms of actual use on the ground and also needs major rework to make it useful rather than being just a political drama.