Democratic Governor Laura Kelly then signed another law in May 2019, SB 28, also known as Claire and Lola’s Law. The law prohibits child protection or child removal actions by giving parents or kids in possession of physician-recommended medical marijuana oil an affirmative defense. This is with the exception that the oil contains no more than 5% and has a lab test to prove the content.
Hence, even though the plains and prairies of this Sunflower state remain entirely open to all sorts of agricultural advancements whether they be new technology, new seeds, or anything new that will boost the economy as well as the health benefits of the residents, there is a gray area when it comes to CBD.
However, CBD oil that is not THC-free can’t be purchased in Kansas. Hence patients lack access to CBD or medical marijuana for medical use. After the Farm Bill was passed, Kelly signed HB 2167 into law to legalize the creation of the Kansas Industrial Hemp Program.
Is CBD Oil Legal in Kansas?
Luckily, by buying online, you can easily confirm whether the product is THC-free by checking the brand’s third-party lab results. The lab results will reveal the type of oil and the amount of THC in the product. It will also show whether the hemp was organic, pesticide-free, chemical-free, and GMO-free.
Hence, to this date, the only acceptable CBD products in Kansas are those with 0% THC. All hemp cultivations must also be licensed by the KDA.
Historically, the FDA has always been strict with health content and claims that can be understood as medical advice – including CBD. Hence, hemp production or sale, including CBD, remains tightly regulated by federal law.
The wake of the Farm Bill 2014 allowed States to launch independent pilot programs to further research hemp viability as a crop. Hence, the KDA launched a program in partnership with Kansas’ public universities to allow and license farmers to grown hemp containing no more than 0.3% THC. In February 2019, the KDA published regulations for the research program.
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 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.
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.
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.
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.
Depending on how the CBD is made, the laws in Kansas vary.
The advice above still applies when shopping online. Don’t fall victim to one of the many scams available on the market. Instead, be an informed customer!
Buy CBD Oil in Kansas:
In another part of Kansas, a mother was arrested for marijuana possession. Shona Banda had been using cannabis to treat her Chron’s disease symptoms. Her son made a school presentation about medicinal uses of cannabis, and the school contacted the authorities.
Remember, Kansas law only protects you if your CBD contains no THC, or if you’re suffering from a debilitating medical condition. Therefore, make sure you double-check the THC content before making your purchase!
As of May 2019, 33 states have implemented medical marijuana programs, and 11 states have legalized marijuana for recreational use.