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We take a look at the laws surrounding cannabis and CBD in Kansas. Here's everything you need to know before making a purchase. Despite hemp being legalized on a federal scale, every state has the duty of implementing their own CBD laws and regulations. It gets confusing to understand how state laws lineup with federal regulations. In the Sunflower State, legislation has been pretty fair-weathered, leaving many people to wonder “Is CBD legal in

CBD Oil Laws in Kansas (Fully Explained)

As the CBD market proliferates, so too does the level of misinformation. One of the most pernicious myths surrounds the legality of the cannabinoid. There is a belief in some quarters that cannabidiol is legal in all 50 states. You will see this statement printed on many CBD sellers’ websites as if it were fact.

Contrary to what you might read, the 2018 Farm Bill did not legalize cannabidiol. Instead, it legalized the growth of industrial hemp with a max THC content of 0.3%. As CBD isn’t yet federally legal, each state can introduce its own laws. Today, we outline the situation regarding CBD oil laws in Kansas.

Is CBD Oil Legal in Kansas?

The answer is complicated because there is no black and white legislation. The official line is that residents of Kansas can buy CBD oil with 0% THC. Those who extract cannabinoids from hemp know that guaranteeing absolutely no THC is incredibly tricky.

You can essentially purchase broad-spectrum CBD oil in Kansas, but not full-spectrum. Broad-spectrum CBD contains a range of cannabinoids but no THC, whereas full-spectrum contains traces of the intoxicating chemical. CBD isolate is also permissible.

On May 14, 2018, state Governor Jeff Colyer signed Senate Bill 282. It exempted CBD oil from the definition of marijuana. Technically, CBD oil was now legal in Kansas. However, as THC remained banned, any product containing traces of the intoxicating compound remained illegal.

It was confusing for hemp and CBD advocates, manufacturers, sellers, and consumers. The 2018 Farm Bill changed nothing in this regard. Kansas decided that the legislation didn’t legalize CBD. As a result, state lawmakers assumed that cannabidiol remained illegal.

However, there were positive steps in 2019. The first, Claire and Lola’s Bill, was passed in May 2019. It is a protection against prosecution for possession of specific products in Kansas. However, it is a very narrow bill with limited impact.

The Latest Kansas CBD Oil Law

The Senate Substitute for House Bill 2167, signed in July 2019, shapes today’s CBD laws in Kansas. It established a Commercial Industrial Hemp Program following the 2018 Farm Bill. Prospective hemp farmers can grow their crop if it doesn’t exceed a THC level of 0.3%.

HB2167 generated a tremendous amount of excitement amongst the CBD community in Kansas. Was it finally legal to purchase full-spectrum CBD oil? CBD sellers were gearing up for a major promotional push.

Tasty and healthy choices…

Alas, it was yet another false alarm. A Kansas Bureau of Investigation official wrote a warning. He said that “full-spectrum CBD is not legal.” Instead, “CBD isolate or CBD containing no other controlled substance is what was carved out as legal.”

It was a statement that sent shockwaves through 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.

Where to Buy CBD Oil in Kansas?

As things stand, you are only on completely safe ground if you use CBD oil in Kansas with 0% THC. Thanks to Claire and Lola’s Law, there is an exception, but it is very restrictive. Your best bet is to find an online vendor that sells CBD isolate and broad-spectrum CBD oil.

You need a guarantee that there is no THC in the product. The only way to achieve that is by reading a brand’s third-party lab reports. Here are a few online CBD sellers that sell isolate or broad-spectrum products AND provide proof of the cannabinoid content:

Here are five physical stores in Kansas that sell CBD products. All of them have received positive customer reviews. However, remember that you must focus on products with 0% THC.

Name of Store

505 S Broadway, Wichita, KS 67202, United States

4006 SW 21st St, Topeka, KS 66604, United States

1605 Westport Rd, Kansas City, MO 64111, United States

Let’s Vape & Smoke Shop KC

3745 Broadway Blvd, Kansas City, MO 64111, United States

Big E Vapor Shops

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915 W 31st St S, Wichita, KS 67217, United States

What Are the Marijuana Laws in Kansas?

Kansas doesn’t have an official MMJ program. Instead, it has an incredibly restrictive law that technically permits low-THC oil but makes it very hard to attain. Kansas first prohibited marijuana in 1927 and hasn’t relented since.

The state has seen several failed attempts to introduce a proper MMJ program. Democrat David Haley pre-filed Senate Bill 9 in January 2013. Known as the Cannabis Compassion and Care Act, it permitted medical marijuana for specific debilitating conditions. If passed, eligible patients could use cannabis and own 12 plants or six ounces. The equivalent bill stalled in the Kansas Senate in 2015.

The state has seen several failed attempts to introduce a proper MMJ program.

The Shona Banda case generated a lot of publicity in 2015. She has Crohn’s disease and used MMJ to treat it. Law enforcement arrested her, and Banda faced five felony counts. Child Protective Services also took her son away and sent him to live with her ex-husband. Banda faced up to 30 years in prison.

In the end, she accepted a plea deal in 2017 and moved to Washington, where she completed a year of ‘mail-in probation.’ She subsequently filed a lawsuit against the state of Kansas and several agencies regarding the removal of her son from her care. However, a federal judge dismissed the unfortunate woman’s case.

In May 2021, the Kansas State House passed an MMJ bill and sent it to the Senate. However, no vote will take place until 2022 at the earliest. The bill proposes medical marijuana for cancer, Parkinson’s, and lupus, among other conditions. Even if it passes, MMJ patients won’t be able to smoke or vape marijuana.

Claire & Lola’s Law

The only thing Kansas has that resembles an MMJ program is Claire and Lola’s Law. Governor Laura Kelly signed the bill in May 2019. It allows profoundly ill people to legally access CBD oil with a maximum THC content of 5%. However, it is only open to individuals who can prove they found no relief with pharmaceutical medication.

Also, it necessitates that patients have a physician’s letter 15 months before buying the oil. The doctor’s note must also state that the patient is profoundly ill. No wonder Banda now lives in Washington!

The law takes its name from the tragic case of Claire and Lola Hartley. Both children had a rare condition called microcephaly, where the brain doesn’t develop fully. Sadly, Claire died in 2018, aged 17. Lola passed away in 2019, aged 13.

In Kansas’ case, geography could dictate its MMJ future. Colorado and Oklahoma border the state. The latter is considered a conservative partner to Kansas, yet it legalized MMJ in 2018. Governor Kelly was involved in both CBD laws in 2019 and represents the state’s best chance to legalize cannabis.

Cannabis Penalties in Kansas

Kansas has yet to decriminalize marijuana possession. Therefore, the possession of any amount is a misdemeanor that could spell six months in prison. If caught with more than 450 grams, it is classified as ‘Intent to Distribute,’ which is a felony. You could serve up to 42 months in prison and face a fine of $100,000.

The sale of any amount of cannabis is also a felony, with up to 51 months in prison as the maximum sentence. You are also fined up to $300,000. The sale of 25 grams or more is a more serious felony, with a maximum jail term of 83 months.

The cultivation of 5+ plants is a felony with a potential prison sentence of 46-83 months.

Final Thoughts on CBD Oil in Kansas

At present, only CBD oil with 0% THC is permitted in Kansas. However, there isn’t a concerted effort to crackdown on buyers or sellers. There are plenty of CBD shops operating in Kansas at present. One business in Lawrence had its store raided twice and faced felony drug charges in 2019. However, the shop, which sells hemp flowers, had all charges dropped against it.

Hopefully, the state of Kansas clears up the muddied waters surrounding CBD oil. Indeed, Governor Kelly has an appetite for legalizing not only cannabidiol but also medical marijuana. Until then, you can technically only purchase CBD oil in Kansas if it contains no THC. Ensure you ask for third-party lab reports whenever you buy a CBD product.

Is CBD Legal in Kansas?

Despite hemp being legalized on a federal scale, every state has the duty of implementing their own CBD laws and regulations. It gets confusing to understand how state laws lineup with federal regulations.

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In the Sunflower State, legislation has been pretty fair-weathered, leaving many people to wonder “Is CBD legal in Kansas at all?”

Fortunately, Kansas is one of the states that has officially legalized hemp CBD products, alongside other cannabis-friendly states like Kentucky and Oregon. Unlike these states, though, Kansas imposes some pretty strict regulations that can make it difficult to access legal and effective CBD products within the state.

Before you buy, you should make sure that your CBD products meet state requirements.

Here’s what you need to know about Kansas CBD laws:

Disclaimer: We’re always working to stay informed on the latest CBD laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.

Key Takeaways

  • Kansas has updated their legal definition of “marijuana” to remove CBD, but any amount of THC indicates an illegal product. That means that while CBD is legal, it may not be easy to access full spectrum CBD products in the state.
  • The state also has no minimum age requirements, but it may not be easy to access CBD in stores for consumers who are under 21.
  • Doctors in Kansas may recommend CBD, but you don’t need a prescription to access it.
  • CBD may be accessible at a variety of locations in Kansas, but the state mostly focuses on regulating THC content and not quality. Certain practices, like buying legal CBD online and properly vetting your CBD brand, may reduce the risks of buying low-quality formulas.

Legal Concerns About CBD

It’s true that CBD gained its federal legal status in 2018. The Hemp Farming Act effectively removed industrial hemp and its natural derivatives (like cannabinoids) from the Controlled Substances Act.

But there’s a catch, and it complicates things:

Legal CBD products must come from industrial hemp.

This classification is designated to hemp material that meets a strict set of standards. The most significant is that it contains less than 0.3% THC on a dry weight basis. If CBD products are made from any cannabis strain that contains more than 0.3% THC, it is not a federally legal product.

The final product must contain less than 0.3% THC, too.

That means that even if a brand starts with legal hemp material, they need to carry out careful manufacturing procedures to produce a legal end product. It’s possible for certain cannabinoids to be “concentrated” during the extraction process, leading to higher THC concentrations than in the original material. Proper manufacturing and careful testing need to be employed to avoid this issue.

Because there is very little regulation in the CBD industry, it’s important to evaluate a brand carefully before you buy. It can be hard to tell if a CBD product is made from a legal hemp source and meets the federal guidelines for legal hemp products. The best way to ensure that your CBD products are legal is by checking the third-party lab tests for cannabinoid potency.

Of course, these regulations only apply on a federal scale. You must also ensure that your products meet the standards laid out by federal guidelines and those set by your state.

What are the CBD laws in Kansas?

As a result of the 2014 Farm Bill, Kansas drafted the Alternative Crop Research Act, a bill that enabled public universities to partner with local farmers to grow and research hemp material with no more than 0.3% THC. The bill, formally known as SB 263, wasn’t officially signed into law until 2018, causing the state to get a late start on hemp agriculture.

A month later, Governor Jeff Coyler also passed SB 282, a bill that revised the state’s legal definition of “marijuana” to exclude CBD. This bill legalized CBD products across the state according to a Supplemental Note published alongside the new legislation.

Kansas legislation comes with one primary caveat–the legal definition of “marijuana” still includes products with any amount of THC. Only CBD products that contain no THC are legally accessible in the state of Kansas. This same law has been adopted by Idaho, making these two states the most CBD-restricted states in the nation.

In 2019, Governor Laura Kelly passed a series of bills aimed at furthering the state’s hemp-program and protecting CBD consumers. HB 2167 officially laid the framework for the creation of the Kansas Industrial Hemp Program. SB 28, passed in May of the same year, protects parents who use state-approved CBD products from child removal.

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Still, in order for CBD products to be legal in the state of Kansas, they must be made according to the states’ own hemp program and must be free of even trace amounts of THC.

Is full spectrum CBD legal in Kansas?

Unlike CBD-friendly states like Colorado and Illinois, Kansas has certain restrictions that prohibit access to full spectrum CBD products within the state. Unfortunately, any product containing even trace amounts of THC are considered illegal in Kansas, but these products are widely considered to be more effective. CBD isolate is available in the state.

Does Kansas have a CBD possession limit?

To date, there are no possession limits for CBD products that meet legal guidelines. CBD products that contain any amount of THC may be considered “marijuana products” and are illegal in the state.

Can doctors prescribe CBD in Kansas?

In Kansas, you do not need a prescription to access CBD products. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. You do need a prescription to access CBD-based pharmaceuticals.

Only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about the benefits of CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.

Where to buy CBD in Kansas?

Updates to Kansas legislation have expanded access to CBD across the state, so long as the product meets certain state requirements. That means that you might find CBD at supermarkets and convenience stores, but the state does very little to regulate the quality. In fact, most of the states focus is on restricting THC content, and not on ensuring quality formulations.

This lack of regulation can be risky.

Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.

Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.

Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.

For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.

Can you buy CBD at 18 in Kansas?

The legal age to buy CBD is fuzzy, even when looking at federal regulations. In theory, CBD should be accessible to people of all ages, especially since it gained its popularity as a treatment for various childhood illnesses. Of course, some products may not be suitable for people of all ages, like smokable hemp flower or CBD vaporizers.

In Kansas, there are no statewide regulations regarding the legal age to buy CBD. Instead, these laws may vary by jurisdiction and are more heavily impacted by CBD vendors. Since the legal age for tobacco products has been raised to 21, many smoke shops may require users to be 21 to purchase CBD.

Many CBD brands allow customers who are 18 or older to order online and will ship legal CBD products to Kansas. The state has also passed legislation to prohibit child removal due to the use of state-approved CBD products.

Is CBD legal in all 50 states?

Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in Kansas on a limited basis, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.

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