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Delta 8 and Kansas State Law

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Delta 8 and Kansas State Law

2020 became a real pain for many people. Losing jobs, the uncertain future, and the weighty concern about what even the day would bring. Many citizens have turned to psychoactive cannabinoid products to relieve stress and reduce anxiety. One product contains the cannabinoid Delta 8, which is a less potent and more controllable cannabinoid than Delta 9. Delta 9 is the main psychoactive cannabinoid found within cannabis and what people consume to seek a high sense of euphoria. But because Delta 8 is similar to Delta 9, there can be some concerns over whether or not the cannabinoid is legal. Let’s see what Kansas says about Delta 8.

Farm Bill 

In 2018, the USDA passed the Farm Bill. This added clarification on the definition of cannabinoids that had little to no psychoactive properties. It states that if a product contains less than 0.3 percent of Delta 9, is derived from the stalk of industrial hemp, and the plant is grown naturally or synthesized, then it is legal to sell to the general public. 

Delta 8 is structurally different from Delta 9 on the molecular level. Delta 8 has a double bond on the 8th carbon chain. On the other hand, Delta 9 has a double bond on the 9th carbon chain. This difference is how Delta 8 is less potent and more controllable than Delta 9. Also because of their structural difference, Delta 8 products naturally contain less than 0.3 percent of Delta 9. So, Delta 8 products is legal for the general public to purchase.

But just because there is a federal law about Delta 8, it doesn’t mean that it is legal in every state. Each state has their own laws and regulations when it comes to the cannabinoid, so always make sure to check before purchasing and consuming. 

Kansas State Law

Kansas, like many other states, has made Delta 8 a legal cannabinoid by adopting the same definition of hemp established in the Farm Bill. The state law specifically states

“Sec. 7. K.S.A. 2017 Supp. 65-4105 is hereby amended to read as follows: 65-4105. 

(h) Any of the following cannabinoids, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:

(1) Tetrahydrocannabinols:
Meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers Delta 3,4 cis or trans tetrahydrocannabinol, and its optical isomers.”

This defines tetrahydrocannabinols (THC) as synthetic equivalents of substances within the cannabis plant. Delta 8 falls under this definition, making it a legal cannabinoid to produce, sell, and consume within the state. However, laws are always subject to change. Always research the laws in your state before purchasing and consuming any Delta 8 products.

Make sure to check back for more cannabis and hemp related news.