CBD legalization led to a flourishing market for the stuff in everything from tinctures and slow-release skin patches to soda drinks and gummy bears.
A KBI spokeswoman told the Kansas News Service Friday it knows vendors are confused, and that clarification is needed.
“As we read the bill, [full-spectrum CBD] is not directly addressed,” she said.
His Kansas City-based company sells CBD across the country and has become accustomed to an ever-shifting maze of state-by-state regulations.
“We have not yet received a request for a legal opinion on this issue,” a spokesman said, and did not answer follow-up questions about whether Schmidt had received an inquiry from Ware.
Other vendors who also believe small amounts of THC became legal in Kansas on July 1 geared up to sell, then got cold feet after a hemp advocacy group posted a warning from a high-level Kansas Bureau of Investigation official on its Facebook page.
She ultimately referred questions on THC’s legal status in CBD products to the attorney general.
Multiple people who work in the CBD industry said sales of CBD with THC in it are now common across Kansas. The Kansans News Service easily found it for purchase within state lines.
All CBD products sold in Kansas must be labeled by the manufacturer and seller to include a list and description of all contents, statement of CBD purity, and a warning that the consumption of CBD could be hazardous to the user’s health.
The sale of any amount of cannabis near a school can earn up to seven years in prison and a $300,000 fine.
Kansas consumers can purchase CBD products at brick-and-mortar shops and through online retailers. Typically, Kansas citizens will find CBD products at specialty retailers and health and wellness grocers or pharmacies.
On May 21, 2019, Democratic Gov. Laura Kelly signed SB 28 into law, also known as Claire and Lola’s Law, which prohibits child removal or child protection actions by providing an affirmative defense for parents or children who possess physician-recommended medical cannabis oil. The cannabis oil can contain no more than 5% THC and must have a lab test to prove its cannabinoid content. However, cannabis oil with any amount of THC cannot be purchased in Kansas, so patients currently have no access to cannabis for medical use.
The FDA’s slow movement has created further confusion on the state level. The FDA has historically been strict when it comes to health claims or content that could be understood as medical advice — and makes no exception for CBD.
In 2018, Congress passed the Farm Bill and legalized hemp cultivation by removing it from Schedule 1. The Farm Bill defined hemp as cannabis that contains less than 0.3% THC by weight and marijuana as cannabis with more than 0.3% THC. Hemp-derived CBD was thus removed from its Schedule 1 designation, but CBD derived from the marijuana plant is still considered federally illegal because of marijuana’s federally illegal status. Hemp is considered an agricultural commodity, but still must be produced and sold under specific federal regulations, which were not finalized when hemp was legalized.
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.