Is CBD Legal in Kansas? - July 2024

Is CBD Oil Legal in Kansas?

Hemp-derived CBD oil is legal in Kansas only if it does not contain tetrahydrocannabinol (THC). THC is the primary mind-altering compound of cannabis⁽⁴⁾.

In May 2018, the then governor, Jeff Colyer, signed into law Senate Bill 282, updating the definition of marijuana to exempt cannabidiol⁽⁵⁾.

SB 282 authorized CBD product sales, whether these items are sold as oils, pills, powders, or topicals. 

While a license to sell CBD in Kansas was not mentioned, these products can only be sold in the state of Kansas if they have 0% THC content⁽⁶⁾. 

SB 282 Kansas law may be confusing for residents, especially after former US president, Donald Trump, signed the 2018 Farm Bill.

Federally, the bill legalized hemp CBD products with 0.3% THC or less⁽⁷⁾. The 2018 Farm Bill also allowed industrial hemp cultivation.

Kansas CBD Laws

Although the 2018 Farm Bill redefined hemp as an agricultural commodity, it could cause uncertainty, especially for Kansas residents. According to SB 282, people in the state cannot use CBD that contains THC⁽⁸⁾.

These are the state laws related to CBD legalization in Kansas:

Senate Bill 263

Former Kansas Governor Jeff Colyer signed SB 263 in April 2018, also known as the Alternative Crop Research Act. This state law authorized the Kansas Department of Agriculture (KDA) to grow and cultivate hemp, in line with the 2018 Farm Bill⁽⁹⁾. 

The bill also allowed state residents to participate in the research program under the supervision of the KDA.

SB 263 authorized the KDA to set up a hemp pilot program in Russell Country, including other areas determined by the department. Lawmakers required the KDA to provide annual hemp licenses to participants. 

Senate Bill 282

SB 282 changed the definition of marijuana to exclude CBD from the state’s list of controlled substances⁽¹⁰⁾. The bill legalized Kansas hemp CBD products so long as they do not contain THC.

Senate Bill 28

SB 28, also called Claire and Lola’s Law, was signed by Governor Laura Kelly in May 2019. The bill prohibits state agencies from initiating child protection activities against parents or children who possessed physician-recommended CBD oil⁽¹¹⁾.

House Bill 2167

In April 2019, the state government required the KDA to submit a plan to the United States Department of Agriculture (USDA)⁽¹²⁾. This plan outlined proposed actions on how the KDA should regulate industrial hemp production in the Sunflower State.

The bill also established the Commercial Industrial Hemp Program, which legalized hemp for commercial production.

Licensing Requirements

The KDA is tasked to manage industrial hemp licensure in Kansas⁽¹³⁾. Hemp growers, processors, and research distributors may take part in the Commercial Industrial Hemp Program, the state’s proposed program for commercial hemp production.

Although the USDA has approved the program, it is still on hold as of November 2020 because the KDA is still completing the formal adoption and implementation of proposed program regulations⁽¹⁴⁾.

Currently, a Kansas resident can grow industrial hemp by obtaining a license via the Industrial Hemp Research Program.

Program applicants are required to pay a non-refundable $200 fee for each application⁽¹⁵⁾. Meanwhile, a $47 background check payment also needs to be settled during application.

Testing Requirements

Licensed industrial hemp growers in Kansas are only allowed to have industrial hemp crops that do not exceed a THC concentration of 0.3% on a dry weight basis⁽¹⁶⁾.

Labeling Requirements

CBD products that are sold in Kansas need to be labeled correctly by their manufacturers and sellers. These items should include a list of all ingredients, a statement on CBD purity, and the manufacturer’s name and address⁽¹⁷⁾.

Every CBD product in Kansas needs to have a disclaimer on product labels mentioning that it does not contain THC.

The US Food and Drug Administration (FDA) prohibits selling CBD industry products with unsubstantiated therapeutic claims⁽¹⁸⁾.

Buying CBD Legally

CBD is available in several forms in Kansas. These items are often sold as tinctures, capsules, gummies, vape e-liquid, and topicals.

Although a prescription is not needed, Kansas residents can only buy CBD products containing zero THC.

How to Choose Which CBD Products to Buy

Before purchasing any CBD product for wellness, consumers should look for items certified by the US Hemp Authority, the organization that recognizes brands with high standards and best business practices.

The logo indicates that the item is high-quality and was made using the best practices in CBD production⁽¹⁹⁾.

First-time buyers should read the lab test results of their desired CBD product. These third-party lab reports may help users identify any potentially harmful ingredients.

Consumers should also consider a company’s Better Business Bureau (BBB) rating and accreditation. As of November 20, all BBB-accredited CBD shops have zero consumer complaints⁽²⁰⁾.

Businesses accredited by the BBB have been checked for transparency, ethical practices, and customer service.

Where to Buy CBD Products Legally

The most convenient way of purchasing CBD products is through a brand’s official website. Many online stores sell cannabidiol, which can be bought and delivered directly to the buyer’s location.

For local stores, many CBD products in Kansas can be found in health shops and dispensaries. These are some of the retailers in Kansas that sell CBD products:

• Phoenix South CBD Superstore in Overland Park
• Phoenix Natural Wellness in Overland Park
• Pitts Health & Wellness LLC in Ottawa

FAQs

What Is CBD?

CBD is one of many phytocannabinoids present in cannabis plants⁽²¹⁾. It is the second-most abundant compound after THC.

What Does CBD Treat?

Healthcare researchers found that CBD may have anti-inflammatory effects that could potentially treat many diseases⁽²²⁾. Some of the disorders it could treat include cardiovascular, metabolic, and neurodegenerative diseases. There is insufficient data to prove any clear benefits or long-term risks of CBD.

Officially, only pharmaceutical CBD in the form of prescription Epidiolex is approved by the FDA to treat certain rare childhood seizure disorders. CBD has not been FDA-approved to treat any other conditions.

How Is CBD Extracted?

CBD can be extracted from cannabis plants by using solvents. Two popular methods of extracting CBD is by using food-grade ethanol or carbon dioxide.

Ethanol extraction uses heat to draw out as many terpenes and cannabinoids in cannabis. Meanwhile, the supercritical CO2 extraction is considered an efficient and safe approach in extracting CBD⁽²³⁾.

What Is the Difference Between Hemp Oil and CBD Oil?

Although both oils can be extracted from industrial hemp, they do not contain the same compounds and minerals from the plant.

Hemp oil, or hempseed oil, is derived from the seeds of cannabis plants. This oil is known for its high omega-3 and omega-6 fatty acid content⁽²⁴⁾. However, hempseed oil does not contain the same cannabinoid profile as CBD oil.

On the other hand, CBD oil can be obtained from the flowers, leaves, stems, and stalks of hemp plants. The amount of terpenes and cannabinoids for this oil depends on the hemp strain and extraction method used.

What Are the Types of CBD?

Full-spectrum, broad-spectrum, and CBD isolates are the three types of cannabidiol products.

Items that contain all cannabis compounds are known as full-spectrum CBD. Full-spectrum CBD is known for the “entourage effect,” which helps maximize the therapeutic effects of CBD⁽²⁵⁾.

Broad-spectrum CBD is the same as full-spectrum, except it does not contain THC. Some individuals prefer not to take broad-spectrum CBD to avoid THC, as THC metabolites may show up in a drug test⁽²⁶⁾.

CBD isolates are made of pure cannabidiol. Due to their purity, CBD isolates are often sold in powdered or crystalline form.

Since full-spectrum CBD contains trace amounts of THC, only broad-spectrum CBD and CBD isolate products are the only types of CBD legal for production in Kansas.

Is There a Medical Marijuana Program in Kansas?

The state of Kansas does not have a medical cannabis program.

Senator David Haley proposed a medical cannabis program in 2017. Under the proposed legislation, the Cannabis Compassion and Care Act may decriminalize cannabis use for people with debilitating medical conditions⁽²⁷⁾.

However, the bill was not approved by legislators and did not become Kansas law.

Conclusion

Kansas Senate Bill 282 legalized the consumption of hemp CBD oil only if it is THC-free.

Meanwhile, the 2018 Farm Bill legalized hemp products with less than 0.3% THC. The bill also allows the transfer of hemp-derived products, like CBD oil, across state lines for commercial or other purposes.

CBD enthusiasts in Kansas should talk to a doctor before they decide to purchase and consume any CBD product. Physicians can help individuals by identifying potential drug interactions with existing medications.

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1. Kansas Legislative. SESSION OF 2018 SUPPLEMENTAL NOTE ON SENATE BILL NO. 282. Retrieved from: https://kslegislature.org/li_2018/b2017_18/measures/documents/supp_note_sb282_02_0000.pdf
2. Hudak, J (2018, Dec. 14). The Farm Bill, hemp legalization and the status of CBD: An explainer. Retrieved from: https://www.brookings.edu/blog/fixgov/2018/12/14/the-farm-bill-hemp-and-cbd-explainer/
3. Kansas Department of Agriculture. Frequently Asked Questions about Industrial Hemp Research Program. Retrieved from: https://agriculture.ks.gov/divisions-programs/plant-protect-weed-control/industrial-hemp/faqs
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5. Kansas Legislative. SB 282. Retrieved from: https://www.kslegislature.org/li_2018/b2017_18/measures/sb282/
6. Kansas Legislative. SESSION OF 2018 SUPPLEMENTAL NOTE ON SENATE BILL NO. 282. op. cit.
7. Hudak, J (2018, Dec. 14). The Farm Bill, hemp legalization and the status of CBD: An explainer. op. cit.
8. Kansas Legislative. SESSION OF 2018 SUPPLEMENTAL NOTE ON SENATE BILL NO. 282. op. cit.
9. Kansas Legislative Research Department. Alternative Crop Research Act; SB 263. Retrieved from: https://www.kslegislature.org/li_2018/b2017_18/measures/documents/summary_sb_263_2018.pdf
10. Kansas Legislative. SESSION OF 2018 SUPPLEMENTAL NOTE ON SENATE BILL NO. 282. op. cit.
11. Kansas Legislative Research Department. Claire and Lola’s Law—Possession of Certain Cannabidiol Treatment Preparations, Actions and Proceedings Prohibited, Affirmative Defense; Grandfathering of Certain Podiatrists; SB 28. Retrieved from: https://www.kslegislature.org/li/b2019_20/measures/documents/summary_sb_28_2019
12. Kansas Legislative Research Department. Commercial Industrial Hemp Program; Senate Sub. for HB 2167. Retrieved from: https://kslegislature.org/li/b2019_20/measures/documents/summary_hb_2167_2019
13. Kansas Department of Agriculture. Commercial Industrial Hemp Program. Retrieved from: https://agriculture.ks.gov/divisions-programs/plant-protect-weed-control/industrial-hemp/commercial-industrial-hemp-regulations
14. Kansas Department of Agriculture. Frequently Asked Questions about Industrial Hemp Research Program. op. cit.
15. Ibid.
16. Kansas Department of Agriculture. Industrial Hemp Varieties. Retrieved from: https://agriculture.ks.gov/divisions-programs/plant-protect-weed-control/industrial-hemp/hemp-varieties-and-certified-seed
17. Kansas Legislative. SESSION OF 2018 SUPPLEMENTAL NOTE ON SENATE BILL NO. 282. op. cit.
18. US Food & Drug Administration (2020, Oct. 1). FDA Regulation of Cannabis and Cannabis-Derived Products, Including Cannabidiol (CBD). Retrieved from: https://www.fda.gov/news-events/public-health-focus/fda-regulation-cannabis-and-cannabis-derived-products-including-cannabidiol-cbd
19. US Hemp Authority. Retrieved from: https://ushempauthority.org/
20. Better Business Bureau. Retrieved from https://www.bbb.org/search?filter_ratings=A&filter_state=KS&find_country=USA&find_entity=81000-800&find_id=81000-800&find_latlng=39.111027%2C-94.686366&find_loc=Kansas%20City%2C%20KS&find_text=CBD%20Oil&find_type=Category&page=1&sort=Relevance&touched=4
21. Shannon, S., Lewis, N., Lee, H., & Hughes, S. (2019). Cannabidiol in Anxiety and Sleep: A Large Case Series. The Permanente journal, 23, 18–041. https://doi.org/10.7812/TPP/18-041. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6326553/ 
22. Atalay, S., Jarocka-Karpowicz, I., & Skrzydlewska, E. (2019). Antioxidative and Anti-Inflammatory Properties of Cannabidiol. Antioxidants (Basel, Switzerland), 9(1), 21. https://doi.org/10.3390/antiox9010021. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7023045/
23. Rochfort, S., Isbel, A., Ezernieks, V., Elkins, A., Vincent, D., Deseo, M. A., & Spangenberg, G. C. (2020). Utilisation of Design of Experiments Approach to Optimise Supercritical Fluid Extraction of Medicinal Cannabis. Scientific reports, 10(1), 9124. https://doi.org/10.1038/s41598-020-66119-1. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7272408/
24. Rodriguez-Leyva, D., & Pierce, G. N. (2010). The cardiac and haemostatic effects of dietary hempseed. Nutrition & metabolism, 7, 32. https://doi.org/10.1186/1743-7075-7-32. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2868018/
25. Russo E. B. (2011). Taming THC: potential cannabis synergy and phytocannabinoid-terpenoid entourage effects. British journal of pharmacology, 163(7), 1344–1364. https://doi.org/10.1111/j.1476-5381.2011.01238.x. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3165946/
26. Kulig K. (2017). Interpretation of Workplace Tests for Cannabinoids. Journal of medical toxicology : official journal of the American College of Medical Toxicology, 13(1), 106–110. https://doi.org/10.1007/s13181-016-0587-z. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5330962/
27. Kansas Legislative (2017). SENATE BILL No. 155. Retrieved from: https://kslegislature.org/li_2018/b2017_18/measures/documents/sb155_00_0000.pdf

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