Is CBD Oil Legal in Kansas?


Is CBD Oil Legal in Kansas?

CBD oil is legal in Kansas, depending on how it is processed. CBD oil extracted from hemp is legal, provided it is THC-free. In 2018, Governor Jeff Colyer signed Senate Bill 282, excluding cannabidiol (CBD) from the definition of marijuana. The law permits the use, possession, and retail sales of CBD-based products, provided there is no trace of THC.

CBD oil made from marijuana plants is illegal for recreational purposes in Kansas. Marijuana plants contain high concentrations of THC, which remains a Schedule I controlled substance per Section 65-4105 of Kansas Statutes. However, in 2021, Governor Laura Kelly signed Senate Bill 28, permitting CBD products containing THC to treat certain medical conditions. The bill allows patients with a medically diagnosed chronic disease to obtain a written recommendation from a physician in order to access CBD oil. However, the law only permits CBD oil with no more than 5% THC.

What are Kansas CBD Laws in 2024?

The 2014 Farm Bill established the Hemp Research Pilot Program allowing for the cultivation of hemp for research purposes. It granted states permission to operate a hemp pilot program, regulating hemp cultivation and research of a vast range of hemp products and derivatives, including CBD. Kansas drafted a bill known as the Alternative Crop Research Act to accommodate changes to the 2014 Farm Bill. The bill enabled universities to partner with farmers to cultivate hemp for the purpose of research. Signed into law in 2018, the Alternative Crop Research Act defines hemp as plants having a Delta-9 THC concentration of no more than 0.3% on a dry weight basis. It re-defines marijuana to exclude CBD, aligning it with the 2018 Farm Bill. The House Committee included a supplementary note with the Act, authorizing the legal sales, possession, and use of CBD products. However, Kansas legislation came with a caveat: legal hemp CBD must be THC-free.

The 2018 Farm Bill expanded the 2014 Farm Bill, making hemp production legal across the United States. It removes hemp, defined as cannabis with low levels of THC, of no more than 0.3% THC from the definition of marijuana. The bill further delists hemp from the Schedule I controlled substances as contained in the Controlled Substance Act. The 2018 Farm Bill legalized the production and sale of hemp-derived CBD products across the United States. In 2019, Governor Laura Kelly signed HB 2167 into law, aligning the state's hemp laws with the 2018 Farm Bill. The bill authorizes the Kansas Department of Agriculture (KDA) to create the legal framework for cultivating, processing, and selling hemp-derived products, including CBD, and establish the Kansas Commercial Industrial Hemp Program. It maintains that all hemp-derived CBD products must be free of THC.

Marijuana remains illegal in Kansas, including low-THC cannabis products. However, SB 28, signed into law in 2019, permits patients with debilitating medical conditions to access CBD oil with up to 5% THC.

What are Kansas CBD Possession Limits?

Kansas laws do not restrict the amount of CBD an individual may possess. Nonetheless, the law limits the THC concentration on legal CBD products. Per state law, only hemp-derived CBD products with 0% THC are legal. Any product containing trace amounts of THC is considered a marijuana product and is illegal in the state.

Can Doctors Prescribe CBD Oil in Kansas?

Per SB 28, persons with debilitating medical conditions require a written recommendation from a licensed physician to access marijuana-based CBD products with no more than 5% THC in Kansas. The debilitating medical condition must be a chronic ailment or medical condition capable of causing serious impairment to the individual's ability to function. It also includes medically diagnosed conditions that produce seizures. Generally, Kansas residents do not require a doctor's prescription to obtain 0% THC CBD oils. Residents can readily purchase them over the counter from CBD shops across the state.

How Old Do You Have to Be to Buy CBD in Kansas?

There is no age cap to purchase CBD products in Kansas, provided the CBD products meet the state’s requirements. However, most CBD stores set their minimum age requirement for their clients. Some shops require their clientele to be 18 years and older, while others sell to persons aged 21 and older.

What are the Licensing Requirements for CBD in Kansas?

Individuals and business entities cultivating and producing hemp for CBD products must obtain the requisite licenses from the KDA. Persons seeking to grow hemp must obtain a Commercial Industrial Hemp Producer Licence. Prospective hemp producers can fill out the Commercial Industrial Hemp Producer License Application Form. The KDA requires applicants to furnish the department with the following documentation when submitting their application:

  • The licensed growing area and lots form
  • Documentation for criminal history record checks and a $47 fee payable by check or money order
  • Map of the proposed cultivation site
  • The legal description of the cultivation site, field boundaries, and the Global Positioning System (GPS) coordinates
  • Fingerprint cards, background check waiver forms, and application fees

The KDA charges a non-refundable $100 application fee payable by money orders or checks to the department. On conditional approval, applicants must pay a $1,200 full license fee. Prospective cultivators and processors can use the Producer Licence Application checklist to ensure their application meets the KDA requirements and mail their completed applications to:

Kansas Department of Agriculture

Commercial Industrial Hemp Program

1320 Research Park Drive

Manhattan, KS 66502

Interested persons can obtain the Commercial Industrial Hemp Processor license from the Office of the State Fire Marshal. They may apply online or by mail. To apply online, complete the Commercial Industrial Hemp Processor Application and submit it online. Persons applying via mail must complete the Hemp Processor Application Form and mail the completed form to:

Office of the State Fire Marshal

Attn: Hemp Processing

800 SW. Jackson Street

Suite 104

Topeka, KS 66612

Applicants must attach or upload the following supporting documentation:

  • Policies and procedure manuals
  • GPS coordinates, legal description, and street address of all premises intended for hemp processing
  • Description of the industrial hemp processing methods
  • A code footprint
  • Criminal background checks for all partners and employees

Kansas supplementary note to SB 282 stipulates the requirements for CBD product labels. The bill requires all CBD product manufacturers to include their names, addresses, and statements of purity, stating that their CBD products are THC-free. The state requires all CBD product manufacturers to clearly show a list of all products' content on its label. In addition, the law requires that there must be a warning on the adverse interaction of CBD products with other medications on the label. CBD product labels must contain the amount of active CBD per serving, net weight, batch code, and the kind of CBD (broad-spectrum or full-spectrum) on the product labels.

Where to Buy CBD in Kansas?

Kansas residents can legally purchase CBD products from physical stores or online. They can buy THC-free CBD products from CBD dispensaries, pharmacies, vape shops, grocery stores, and health food stores. Residents can also buy CBD products online from third-party markets or directly from a product brand. Kansas restricts the sale of CBD oil to only hemp-derived CBD containing 0% Delta-9 THC. Albeit, qualifying patients may purchase CBD oil with not more than 5% THC.

What is CBD Oil?

CBD oil is made by combining CBD extract, a naturally thick and oily paste, with a base oil such as hemp seed oil. Cannabidiol, or CBD, is one of the numerous chemical compounds found in marijuana and hemp plants. It is found in trace amounts in marijuana but abundant in hemp plants. In Kansas, legal CBD does not contain Tetrahydrocannabinol (THC), the psychoactive component that produces a high. THC is the most abundant chemical compound found in marijuana plants, next to CBD. The typical CBD formation is CBD oil. However, it is also sold as oil-based capsules, extracts, vapes, edibles, topicals, cosmetics, and tinctures.

CBD is safe for consumption and has numerous health benefits, including:

CBD is legal under federal laws. The 2018 Farm Bill removed hemp from the statutory definition of marijuana as contained in the Controlled Substance Act.

What Does CBD Do?

CBD interacts with the endocannabinoid system (ECS) in the body. However, it does not bind to the CB1 and CB2 receptors the way THC does. Instead, it has little binding affinity for both receptors. It works by interacting indirectly with the receptors, preventing the ECS from breaking down. The resulting effect is positive. It creates a sense of well-being and regulates the user's mood and appetite. CBD oil and CBD-based products have neuroprotective effects, helping to alleviate the symptoms of a wide range of conditions, including schizophrenia, Parkinson's disease, multiple sclerosis, arthritis, depression, chronic pain, and migraines.

Despite its many benefits, CBD consumption carries some risks. CBD is known to cause side effects such as fatigue, diarrhea, reduced appetite, and dry mouth. Severe side effects may include anxiety, psychosis, and impaired cognition. Also, CBD oil can interact negatively with other medications, such as blood thinners or drugs used to treat epilepsy.

Does CBD Show Up on Kansas Drug Test?

CBD does not show on drug tests like THC in Kansas. Most drug screening tests do not directly test for CBD. Drug tests target THC and its metabolites, cocaine, and opioids. Nonetheless, persons who frequently consume CBD products containing more than 0.3% THC may test positive for THC. Therefore, CBD consumers in Kansas must comply with the state's 0% THC requirement for CBD products to avoid failing drug tests.

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