Is CBD Legal in Kansas?

by Kat Austin December 04, 2020 6 min read

Is CBD Legal in Kansas? - VO Inc

Kansas follows federal hemp laws, but understanding how state regulations align can still be confusing. Is CBD legal in Kansas?

Yes, Kansas has legalized hemp-derived CBD, but with strict regulations in place.

Unlike more cannabis-friendly states, such as Oregon and Kentucky, Kansas imposes tighter controls on CBD products. While hemp flower and full-spectrum CBD oil in Kansas are available, only CBD products with 0% THC are considered legal. This makes finding legal, effective CBD oil in Kansas a bit challenging. Before purchasing, ensure the products meet state requirements.

Here's what you need to know about CBD in Kansas:

Table of Contents
Legal Concerns About CBD
What are the CBD laws in Kansas?
Is full spectrum CBD legal in Kansas?
Does Kansas have a CBD possession limit?
Can doctors prescribe CBD in Kansas?
Where to buy CBD in Kansas?
Can you buy CBD at 18 in Kansas?
Is CBD legal in all 50 states?
Resources

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

  • CBD in Kansas is legal, but products containing any amount of THC are illegal, making full-spectrum CBD difficult to access.
  • While there’s no minimum age to buy CBD oil in Kansas, consumers under 21 may face difficulties purchasing in stores. No prescription is needed, though doctors can recommend it.
  • The state primarily regulates THC content, not product quality. To ensure safety, buy CBD products in Kansas online from vetted sources.
A map showing Kansas and neighboring states

Legal Concerns About CBD

CBD became federally legal in 2018 under the Hemp Farming Act, which removed industrial hemp and its derivatives from the Controlled Substances Act. However, legal CBD must come from hemp containing less than 0.3% THC.

Even after starting with legal hemp, manufacturers must ensure the final product also contains under 0.3% THC, as extraction can concentrate cannabinoids and increase THC levels. Since the CBD industry lacks strict regulations, it's important to verify third-party lab tests to confirm a product's legality.

Federal guidelines apply, but you must also follow your state's specific CBD regulations.

Two THC-free CBD oil tinctures that can be bought in Kansas

What are the CBD laws in Kansas?

Kansas has taken steps to legalize CBD through the Alternative Crop Research Act and SB 282, but CBD products must contain zero THC to be legal in the state.

Here are the details:

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.

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?

Full spectrum CBD in a dropper, which may not be legal to sell in stores 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 in Kansas is not clearly defined by statewide regulations. While CBD should theoretically be accessible to all ages, especially given its use for childhood illnesses, certain products like smokable hemp flower may not be suitable for minors.

Many CBD vendors, especially smoke shops, require buyers to be 21, aligning with the legal age for tobacco. However, many online CBD brands allow customers 18 and older to purchase CBD products and ship them to Kansas.

Additionally, Kansas law protects parents using state-approved CBD from child removal.

 

FAQ - Is CBD Legal in Kansas?

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.

Are CBD edibles legal in Kansas?

Yes, CBD edibles are legal in Kansas as long as they contain 0% THC, since any detectable amount of THC is considered illegal.

What states don't allow CBD?

CBD is widely legal across the U.S., but states like Idaho and South Dakota have stricter regulations, especially on products containing THC.

Is CBD legal in Kansas in 2024?

Yes, CBD is legal in Kansas as long as it contains no THC. Full-spectrum products with THC remain illegal.

Is Delta 9 legal in Kansas?

No, Delta-9 THC is illegal in Kansas except in trace amounts found in hemp-derived products that meet federal regulations.

Is Delta 9 stronger than Delta-8?

Yes, Delta-9 THC is typically considered stronger and more psychoactive than Delta-8 THC.

Can you buy Delta 10 in Kansas?

No, Delta-10 THC is not legal in Kansas, as it falls under the state's restrictions on psychoactive THC products.

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “SB 263” http://www.kslegislature.org/li_2018/b2017_18/measures/sb263/
  3. “SB 282” http://www.kslegislature.org/li_2018/b2017_18/measures/sb282/
  4. “Supplemental Note on SB 282” http://kslegislature.org/li_2018/b2017_18/measures/documents/supp_note_sb282_02_0000.pdf
  5. “HB 2167” http://kslegislature.org/li/b2019_20/measures/hb2167/
  6. “SB 28” http://www.kslegislature.org/li/b2019_20/measures/sb28/

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