Is Delta 9 Legal in Kansas?

Red neon sign that reads "We're not in Kansas anymore."

After a 75-year prohibition, marijuana was legalized in 2012 after two states, Colorado and Washington State, first pioneered the legalization of recreational marijuana in the United States. Medical marijuana was first, debuting for the first time in California in 1996.

Since then, there have been many other states that have followed suit in legalizing cannabis. And while delta 9 THC is considered federally legal, each state has its own individual cannabis laws that will take immediate precedence over its residents.

So, is delta 9 THC legal in Kansas? In this article, we’re going to explain delta 9 THC and federal law as well as Kansas delta 9 THC laws.

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Disclaimer: This article was last updated in October 2022 and the information pertaining to federal cannabis laws and state cannabis laws is reflective of that time. Because cannabis laws in the United States are constantly changing on both federal and state levels, the information in this article is subject to change at any time. Additionally, this article is NOT legal advice, and no entity at Delta Munchies is giving legal advice. If you are unsure about your state’s individual cannabis laws, please look for more information on your state’s official state website(s).

 

Key Takeaways

  • Marijuana-derived delta 9 is illegal as it’s considered a Schedule I drug. However, hemp-derived delta 9 products are federally legal as long as they contain less than 0.3% delta 9 THC.
  • In Kansas, hemp-derived delta 9 is legal as long as it contains less than 0.3% delta 9 content.
  • Delta Munchies is the best provider of legal hemp-derived delta 9 products in Kansas.

 

Delta 9 THC and Federal Law

The history of delta 9 THC and federal law is a long and complicated one. Cannabis was first prohibited in the United States in 1937 and remained that way through the 1970s during Richard Nixon’s infamous War on Drugs. It wasn’t until 1996 that California became the first state to legalize medical marijuana, slowly letting other states follow suit.

In 2012, Colorado and Washington State became the first two states to legalize marijuana for recreational use. This ended the 75-year prohibition of marijuana in the United States, prompting many other states to follow suit over the next 10 years.

As of today, delta 9 THC has been decriminalized and is considered federally legal. However, each state has its own individual cannabis laws that prohibit certain types of delta 9 THC and allow others, while some allow all cannabinoids and others ban them all.

Because it can be confusing, we’re going to take a look at Kansas delta 9 THC laws.

 

Kansas Delta 9 THC Laws

Kansas law states: “You can’t possess any amounts of marijuana for personal use in Kansas. Kansas first banned marijuana in 1927, similar to the other states west of the Mississippi River. Since then, Kansas barely changed its cannabis regulations.

If you suffer from a debilitating medical condition, you can ask your doctor to recommend low-THC cannabis oil as a treatment. Such products are allowed to have up to 5% THC.

However, since there’s no official medical marijuana program in place, the state law provides “affirmative defense” for patients and parents or guardians of patients who possess their medicine. An affirmative defense is usually used during a trial, meaning people can still be arrested, charged, and held in custody while waiting for the trial.”

 

Is Delta 9 a Controlled Substance in Kansas?

The topic of whether marijuana should be considered or not has been a notoriously divisive issue. The War on Drugs threw marijuana into the class of a Schedule 1 Controlled Substance, but many people vehemently agreed. To this day, it still raises questions between the scientific community and the legal community.

According to the National Cancer Institute, a controlled substance is: “A drug or other substance that is tightly controlled by the government because it may be abused or cause addiction. The control applies to the way the substance is made, used, handled, stored, and distributed. Controlled substances include opioids, stimulants, depressants, hallucinogens, and anabolic steroids. Controlled substances with known medical use, such as morphine, Valium, and Ritalin, are available only by prescription from a licensed medical professional. Other controlled substances, such as heroin and LSD, have no known medical use and are illegal in the United States.”

However, the DEA has issued a different take on marijuana being a controlled substance: “Marijuana is a Schedule I substance under the Controlled Substances Act, meaning that it has a high potential for abuse, no currently accepted medical use in treatment in the United States, and a lack of accepted safety for use under medical supervision. Although some states within the United States have allowed the use of marijuana for medicinal purpose, it is the U.S. Food and Drug Administration that has the federal authority to approve drugs for medicinal use in the U.S. To date, the FDA has not approved a marketing application for any marijuana product for any clinical indication. Consistent therewith, the FDA and DEA have concluded that marijuana has no federally approved medical use for treatment in the U.S. and thus it remains as a Schedule I controlled substance under federal law.”

You can see that the scientific and legal definitions of marijuana being a controlled substance are conflicting. There was a time that marijuana was considered to be a dangerous drug, but since then, there has been an incredible amount of research-backed evidence showing marijuana is NOT in the same category of addictive drugs as opioids, stimulants, depressants, or anabolic steroids. Unfortunately, the legality has yet to catch up with the science.

As we know, each state has its own unique cannabis laws, and that goes for what counts as a controlled substance or not. So, is delta 9 THC a controlled substance in Kansas? Yes, delta 9 THC is a controlled substance in Kansas.

 

Delta 9 THC Possession Limits in Kansas

Kansas law states: “Possession of even small amounts of marijuana is classified as a Class B misdemeanor punishable by up to six months in jail and a $1,000 fine for first-time offenders.

A second offense is a class A misdemeanor. If you’re caught with more than 450 grams of marijuana, you can be charged with a $100,000 fine, and your jail time will range from 10 months of probation to 42 months in prison.”

 

Is Delta 9 THC Legal in Kansas?

Under the 2018 Farm Bill, hemp-derived THC was federally legalized in the United States as long as the THC content was 0.3% and under. This opened the door (or have many people have dubbed it, the “cannabinoid loophole”) for cannabinoids like hemp-derived delta 8 THC and delta 9 THC to be harvested and cultivated into cannabinoid products.

Many states have mirrored this legality and allow hemp-derived delta 9 THC to be legally sold there as long as it adheres to the federal guidelines of 0.3% or less.

So, is Kansas one of those states? In Kansas, the state laws reflect federal law which states that hemp-derived delta 9 THC is legal to buy and own as long as the THC content is 0.3% or under.

However, marijuana is illegal in Kansas, which means that marijuana-derived delta 9 THC is illegal.

 

Where to Buy Delta 9 in Kansas

Since cannabis is still illegal in Kansas, there are no dispensaries in the state where you can buy delta 9 THC. However, because hemp-derived delta 9 THC is legal in Kansas, that means you can buy delta 9 THC online.

Here at Delta Munchies, we offer high-quality, rigorously lab-tested delta 9 THC products that have become a staple in the stoner community. We ensure that our hemp-derived, full-spectrum delta 9 THC completely adheres to all federal and state guidelines and regulations while still being potent enough for most experienced recreational users.

From: $39.99

Full Spectrum Delta 9

Blue Dream Delta 9 Gummies

From: $39.99

Full Spectrum Delta 9

Mango Crush Delta 9 Gummies

From: $39.99

Disclaimer: This article was last updated in October 2022 and the information pertaining to federal cannabis laws and state cannabis laws is reflective of that time. Because cannabis laws in the United States are constantly changing on both federal and state levels, the information in this article is subject to change at any time. Additionally, this article is NOT legal advice, and no entity at Delta Munchies is giving legal advice. If you are unsure about your state’s individual cannabis laws, please look for more information on your state’s official state website(s).