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Is CBD oil legal in Kansas?

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Contents

  1. What is CBD?
  2. Why is CBD sometimes illegal?
  3. Kansas CBD laws
  4. Licensing requirements for CBD
  5. Where to buy CBD in Kansas
  6. How to read CBD labels and packaging

Yes, but cannabidiol (CBD) oil must be produced from hemp licensed by the state and contain no THC, under the terms of a 2018 law.

When the 2018 Farm Bill became law, it redefined hemp as an agricultural commodity and removed CBD and hemp products from their former status as a Schedule 1 substance. While this step was a significant step toward cannabis legalization, the Farm Bill caused confusion at the state level, particularly for Kansas residents who had limited access to CBD products before the law was enacted.

Kansas has its own Industrial Hemp Pilot Program, which the Farm Bill helps support. Kansas consumers still can purchase CBD products but they must meet strict requirements while the Kansas Department of Agriculture (KDA) drafts additional rules for a regulated hemp industry.

What is CBD?

CBD is a cannabinoid found in cannabis and the second-most-abundant compound in the plant after THC. A non-intoxicating substance, CBD shows potential therapeutic benefits including anti-inflammatory, analgesic, anti-anxiety, and seizure-suppression properties. CBD can be derived from the hemp and marijuana plant.

Why is CBD sometimes illegal?

Even though industrial hemp doesn’t produce enough THC to intoxicate consumers, all varieties of cannabis, including hemp, were swept into the category of Schedule 1 under the 1970 Federal Controlled Substances Act. The law defined cannabis as a substance with no accepted medical use, a likelihood for addiction, and a high potential for abuse.

In 2018, Congress passed the Farm Bill and legalized hemp cultivation by removing it from Schedule 1. The Farm Bill defined hemp as cannabis that contains less than 0.3% THC by weight and marijuana as cannabis with more than 0.3% THC. Hemp-derived CBD was thus removed from its Schedule 1 designation, but CBD derived from the marijuana plant is still considered federally illegal because of marijuana’s federally illegal status. Hemp is considered an agricultural commodity, but still must be produced and sold under specific federal regulations, which were not finalized when hemp was legalized.

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.

A bottle of CBD oil. Photo by: Gina Coleman/Weedmaps

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The FDA’s slow movement has created further confusion on the state level. The FDA has historically been strict when it comes to health claims or content that could be understood as medical advice — and makes no exception for CBD.

Hemp production and sale, including its cannabinoids and CBD specifically, remain tightly regulated federally. The Farm Bill provides that individual states may also regulate and even prohibit CBD cultivation and commerce. States may attempt to regulate CBD in food, beverage, dietary supplements, and cosmetic products independently of the FDA’s rules. Kansas has an existing industrial hemp pilot program and is in the early phases of drafting hemp regulations to be submitted to the USDA for approval.

Kansas CBD laws

In April 2018, Republican Gov. Jeff Colyer signed SB 263 into law, known as the Alternative Crop Research Act. This law came about in the wake of the 2014 Farm Bill, which allowed states to launch independent pilot programs to research the viability of hemp as a crop. The KDA launched the program in partnership with Kansas’ public universities to license farmers to grow hemp that contained no more than 0.3% THC. The KDA published regulations for the Industrial Hemp Research Program on February 8, 2019.

Shortly after SB 263 passed, Colyer also signed SB 282 on May 24, 2018, which amended the definition of marijuana to exempt CBD. The law broadly legalized Kansas CBD products, but the requirement that they contain zero THC has complicated access to CBD because most products contain at least trace amounts of THC.

On May 21, 2019, Democratic Gov. Laura Kelly signed SB 28 into law, also known as Claire and Lola’s Law, which prohibits child removal or child protection actions by providing an affirmative defense for parents or children who possess physician-recommended medical cannabis oil. The cannabis oil can contain no more than 5% THC and must have a lab test to prove its cannabinoid content. However, cannabis oil with any amount of THC cannot be purchased in Kansas, so patients currently have no access to cannabis for medical use.

After the passage of the 2018 Farm Bill, Kelly signed HB 2167 into law, which legalized the creation of a Kansas Industrial Hemp Program. To date, the only acceptable CBD products are those that have zero THC and all hemp cultivation must be licensed by the KDA.

Licensing requirements for CBD

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 KDA is drafting regulations for the Kansas Industrial Hemp Program.

Testing requirements

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.

CBD oil usually comes with a dropper to allow consumers and patients to measure out their dose. Photo by: Gina Coleman/Weedmaps

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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.

Sale regulations

There are no sale requirements for CBD that match Kansas’ legal definition of zero THC.

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.

The sale of any amount of cannabis near a school can earn up to seven years in prison and a $300,000 fine.

Cultivation requirements

The cultivation of any hemp or cannabis is illegal outside of participation in the Kansas Industrial Hemp Program.

The cultivation of 4-50 plants is a felony, earning up to 83 months incarceration and up to $300,000 in fines. Anywhere 50-100 plants can earn up to 83 months in prison and a $300,000 fine, and any amount greater than 100 plants earns up to 204 months in prison and a $500,000 fine.

Kansas CBD possession limits

Kansas CBD laws permit citizens to purchase and possess CBD products that contain zero THC. CBD products can be sold as oils, powders, pills, and lotions. It is a crime to possess any amount of cannabis with trace amounts of THC beside CBD, though state legislators have relaxed possession penalties in recent years.

The possession of any amount of cannabis is a misdemeanor, punishable by either a fine of up to $1,000 and six months in jail. Subsequent offenses are felonies, punishable by up to 3 1/2 years in prison with potential fines up to $100,000. Possession with intent to distribute comes with more severe criminal penalties.

Where to buy CBD in Kansas

Kansas consumers can purchase CBD products at brick-and-mortar shops and through online retailers. Typically, Kansas citizens will find CBD products at specialty retailers and health and wellness grocers or pharmacies.

Kansas buyers also can purchase CBD products online, typically through a specific retailer’s website. However, some merchant processing companies consider CBD a restricted business and don’t support its sale. Confirm which checkout system a retailer uses before purchasing CBD online.

How to read CBD labels and packaging

Some companies are taking advantage of the FDA’s slow pace to issue regulatory requirements and are labeling their products with buzzwords such as “natural” or health claims. How a product is marketed and labeled is important in determining its legality in Kansas or nationally. CBD products making any health claims or promising medical benefits violate FDA rules.

Kansas law stipulates that CBD products should clearly show 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. CBD products must also clearly state what kind of CBD is used because only broad-spectrum CBD (extract with THC removed) and CBD isolate (pure CBD powder) contain no traces of THC. Full-spectrum CBD oil contains trace amounts of cannabinoids and therefore is illegal in Kansas.

Kansas consumers should check for the following on CBD product labels:

  • Broad-spectrum, or isolate
  • Amount of active CBD per serving
  • Net weight
  • Suggested use
  • Supplemental Facts label, including other ingredients
  • Manufacturer/distributor name
  • Batch or date code
Is CBD oil legal in Kansas? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? Kansas CBD laws Licensing

CBD Oil in Kansas: Everything You Need to Know

Disclaimer: All of the information in this guide is based on our own research into the topic. We have done our best to use accurate and up-to-date information from respected and credible resources. However, we cannot claim to be a legal authority, and none of the following information should be taken as legal advice.

CBD Oil

CBD Gummies

CBD Cream

CBD Capsules

A Guide to CBD Oil in Kansas

  • The Kansas Department of Agriculture oversees the hemp-growing program.
  • People across Kansas are enjoying CBD products in all forms.
  • Broad-spectrum CBD and CBD isolate are legal in the Sunflower State.
  • A license is required to grow and process CBD but not to sell it.
  • Kansas legislators are still working to clarify and develop CBD laws in the state.

Is CBD Oil Legal in Kansas?

Imagine this: You walk into a store with CBD products on the shelves. You are greeted by knowledgeable and friendly staff. You leisurely browse the store, ask questions and get no-pressure answers, and see that there are quality verifications for all the products.

You make your purchase and walk out of the store with confidence, toss your bag on the front seat of your car and drive home knowing your product is safe and legal.

If this sounds a bit like a fantasy, you are probably among the thousands of consumers who are unsure of the legality of their products. Despite the fact that people everywhere are enjoying CBD products on a daily basis, buying CBD often feels questionable.

Federal laws put CBD in a gray area because the farming and processing of industrial hemp is legal, but the Food and Drug Administration (FDA) does not approve CBD for use as a supplement, food additive or therapeutic drug.

Further contributing to the confusion is a statement the FDA released acknowledging the thriving market and indicating that enforcement will be focused on companies making medical claims or using unsafe manufacturing practices.

States are allowed to adopt their own laws regarding CBD, and it is usually up to local authorities to interpret and enforce legislation. The ambiguity of the law makes many people hesitant to try CBD no matter how curious they are. We are going to try to clear up some questions about Kansas laws in this article.

Are There CBD Laws in Kansas?

For the most part, Kansas falls in line with the federal guidelines regarding hemp and its derivatives. The Sunflower State has a legal hemp-growing program in place, and stipulates that industrial hemp must contain no more than 0.3 percent THC.

Kansas prohibits the sale of unprocessed hemp, hemp meant for smoking and other products resembling tobacco products, such as dip or chew. For the general population, CBD products are permitted so long as they contain no THC, meaning that no full-spectrum products are allowed in the state.

However, Claire and Lola’s law allows patients with specific diagnosed illnesses to possess CBD products containing up to 5 percent THC.

CBD in Kansas: Understanding Different Types of CBD Products

CBD Oil

CBD oil is the original format for CBD delivery, and it is typically the purest. While some companies infuse their CBD with fancy additives, they rarely include enough of these to create a noticeable effect.

When it comes to CBD, the simpler the better. That’s why Penguin only carries pure CBD oil suspended in MCT oil to aid absorption, with the flavor of your choice added in. Our customers love every one of our four natural flavors, and our unflavored CBD is perfect to add to your food and beverages without affecting the taste.

CBD Oil

Our CBD oil is made with the best Oregon grown hemp. Comes in mint, citrus, natural, strawberry and cookies & cream flavors.

CBD Capsules

Some people want to take their CBD and get out the door without having to put thought into their dose or hold oil under their tongues. We get it. That’s why we’ve got you covered with our 10mg premeasured CBD capsules. Take your intended dose in easy-to-swallow gelcaps, then get on with your day. It’s as easy as that!

CBD Capsules

Convenient, discreet and travel-ready, our CBD capsules can be taken anywhere with ease. Each capsule contains 10mg of our broad-spectrum hemp extract suspended in MCT oil.

CBD Gummies

Colorful CBD gummies are a great way to brighten up your day no matter what time it is. Try our delicious sweet-and-sour CBD gummies to wake up your taste buds in the middle of the afternoon, or as a before-bed snack while you’re winding down for the night. Their 10mg of CBD is the perfect dose whether you eat just one or a handful.

CBD Gummies

Made with the purest CBD isolate, our CBD gummy worms are a treat for your taste buds. Every container contains 30 individual worms, with each one packing 10mg of CBD.

CBD Cream

Frolicking in fields of lavender and peppermint sounds like a perfect summer afternoon, right? Luckily for you, Penguin makes a CBD cream that smells that good. Massage the cream into your trouble spots—or use it all over if you’d like—to seal in moisture and treat yourself to the softness of CBD all day long.

CBD Cream

Our CBD cream is a luxurious cream that’s silky smooth and cooling upon contact. Its terpene rich formula is designed to be absorbed quickly.

Industrial Hemp in Kansas

In 2014, the federal government passed a bill allowing states to develop a research pilot program for growing hemp, in which growers worked with state universities to develop best practices for cultivation. Growers were only allowed to produce hemp commercially under certain circumstances, and they had to work with the state and the overseeing university for sale and processing.

Kansas developed a program under that legislation, and growers now report to the Kansas Department of Agriculture in conjunction with Kansas State University. The state got their commercial program approved through the USDA at the beginning of 2020, but will likely not implement anything until the following growing season.

Those who intend to process hemp are required to register with the state and submit to fingerprinting and background checks. Their employees are required to undergo the same investigative procedures. Those who have committed felonies or serious drug-related offenses are ineligible to receive licensing.

All who are licensed to operate within Kansas’s hemp programs are subject to random inspections and visitations from regulatory authorities, and hemp crops will be randomly tested on a yearly basis. It is unclear how the adoption into the USDA’s program will affect these procedures, as the department requires yearly testing of all crops.

Can I Purchase CBD Online in Kansas?

Purchasing CBD

If you want to purchase CBD in Kansas, you can find products just about anywhere, though not all locations are created equal. Retailers that have CBD thrown on their shelves as an afterthought are not likely to offer you much value, as clerks generally only have anecdotal knowledge and the products are not highly vetted. CBD specialty shops have more knowledgeable staff, but they are still there to make the sales. Plus, most shops are centered around Topeka and Kansas City.

Shopping online will give you the opportunity to take your time getting all your questions answered without having a shopkeeper looming over you.

Websites of reputable companies like Penguin CBD make it easy to find all the information you need in order to make a confident decision without being in a high-pressure sales situation.

CBD Oil in Kansas

Because Kansas’s hemp program is not yet in full swing, and because legislators still seem too confused about CBD laws, most products are imported from other states. Additionally, Kansas does little to regulate retail sales of CBD, so companies taking advantage of a lack of oversight and resources are rampant.

Some companies use hemp that is grown in substandard conditions in order to cut costs. They may be deceptive about what is in their products with misleading packaging, or they may not invest in independent lab testing to confirm the purity of their products. You need to do your research to make sure you are getting a good product, or you could be exposing yourself to something ineffective or dangerous.

Penguin

At the beginning of this article, we described visiting a shop where you know you can trust the CBD you are buying, and you have access to knowledgeable staff without pressure. That’s what it’s like to shop online with Penguin. We would be happy to answer any questions you have, and we offer excellent resources, like our easy-to-use blog.

Our independent lab test results accompany all of our products, and we are a brand you can trust to be dependable. Premier publications like Merry Jane and Medical Daily love our CBD, and so do our customers. When you go with Penguin CBD, you never have to worry about the quality of your products.

Final Thoughts About CBD Oil in Kansas

The CBD laws in Kansas are confusing, but legislators are working to clear things up. Part of the trouble lies with the fact that the Sunflower State looks to the federal government to guide their regulations, but the USDA is the only federal organization with anything clear cut. This covers hemp, but it leaves CBD out of the picture.

Kansas does have an established hemp-growing program that is evolving into a federally approved program later in 2020. Hemp qualifies as hemp and not marijuana, as long as it contains 0.3 percent THC or less, but state law prohibits consumers from using CBD containing any THC whatsoever unless they are patients with qualifying illnesses.

Regardless of the laws, CBD specialty shops operate in abundance around larger cities, and consumers can get products in almost any retail location across the state. You can find broad-spectrum CBD and CBD isolate at these locations, but it is a good idea to do your research and confirm that these products have no THC before you buy.

To save yourself the hassle and buy products you know you can trust, visit our website, where all our products come with a certificate of analysis confirming their THC and CBD content, as well as their purity.

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