Kansas is no stranger to agriculture, which is perhaps part of why the state has taken such a hands-on approach to regulating its hemp industry. While many states are content to stick with federal law, Kansas has enacted a slew of hemp-related bills designed to limit hemp commerce — sometimes resulting in arrests.
Even though Kansas has a contentious relationship with its hemp producers, you should remain unaffected as a hemp user. State governments cannot countermand the US Constitution, which says you can buy CBD products from other states and have them shipped to Kansas. So even if Kansas says certain types of CBD are illegal to buy within its borders, you can still buy them online (technically beyond state lines).
Just do remember that Kansas law enforcement has been unusually proactive in arresting individuals suspected of possessing smokable hemp especially. Stay away from any products that look and smell exactly like marijuana, though, and you should be able to enjoy CBD in Kansas exactly as you please — ordered online from Colorado Botanicals for the ultimate convenience.
CBD vs. Marijuana
The difference between legal hemp and illegal marijuana in Kansas ultimately boils down to the space between two major cannabinoids — THC and CBD. One is considered “marijuana” both by Kansas and at the federal level, and the other is categorized as legal industrial hemp. To understand more, let’s take a look at CBD and THC in greater detail:
CBD
Cannabidiol (CBD) is a non-intoxicating component of the Cannabis sativa plant. If they contain less than 0.3% THC, CBD products are generally considered “industrial hemp” at the federal level. Though CBD can’t get you high, it has a number of very impressive potential benefits.
Is CBD Legal in Kansas?
Yes, CBD is legal in Kansas. If CBD products contain less than 0.3% THC, they are legal to both own and use in this state. Buying and selling CBD in Kansas is where things get complicated — overall, it’s easier and safer just to buy your hemp CBD products online.
THC
THC (delta-9 tetrahydrocannabinol) has powerfully intoxicating effects and is classified as a Schedule I illegal drug at the federal level. It is also illegal in Kansas, which does not have any adult-use or medical cannabis program to speak of.
Is Marijuana Legal in Kansas?
No, marijuana (THC) is not legal in Kansas. The state has what could be called a medical marijuana program, but it is limited to products with less than 5% THC. Kansas does not have an adult-use cannabis program and is unlikely to adopt one any time soon.
What Are the CBD Laws in Kansas?
Kansas has adopted a larger number of laws related to CBD and hemp than most other states. Also making Kansas somewhat unique is the punitive and restrictive nature of its hemp laws. Instead of supporting its hemp industry, Kansas has put in place CBD laws that seem intent on hampering its growth. Below, we’ll take a look at all the laws that have affected your ability to buy, use, produce, and sell CBD in Kansas:
SB 263: Alternative Crop Research Act (2018)
This bill preempted the federal 2018 Farm Bill (not ratified until 2019) and placed Kansas in the running as a state at the forefront of industrial hemp research. Most of this law was superseded by HB 2167 in 2019.
SB 282 (2018)
SB 282 technically legalized CBD in Kansas, but only CBD products with 0% THC. It’s still the case that CBD products sold in Kansas can’t contain any THC at all, but subsequent laws loosened THC limits for farmers to make growing hemp plants possible.
SB 28: Clair and Lola's Law (2019)
You could say that SB 28 legalized medical marijuana in Kansas, but to do so would legitimize the most milquetoast medical cannabis legalization effort in American history. Only 5% maximum THC is allowable in Kansas medical marijuana and products, which are only made available to individuals with certain terminal or incurable conditions.
HB 2167: Commercial Industrial Hemp Act (2019)
Considered the definitive piece of legislation on CBD in Kansas, HB 2167 established licensing requirements for growing, processing and selling hemp, and it famously banned smokable CBD flower. Perhaps most importantly, HB 2167 retained the state’s earlier requirement that CBD products contain 0.0% THC, placing Kansas alone with Idaho as the USA’s most anti-hemp states.
Current Restrictions and Kansas CBD Laws
In Kansas, it is illegal to sell CBD products containing any THC at all — the state has a 0.0% THC limit. It is also illegal to sell smokable hemp in Kansas (mainly because it always contains at least some THC).
Kansas has even taken a somewhat unique approach to enforcing CBD laws by assuming that any products not provable as CBD are instead marijuana. The burden is upon the accused individual to prove their legal CBD products do not contain THC. This has led to a spate of CBD-related arrests in Kansas and the recent raiding of a major CBD store.
Residents of Kansas buying CBD products online (even 0% THC broad-spectrum products) are recommended to have CBD orders shipped directly to their homes or to a PO box instead of to an office address. It is also probably best not to travel with CBD products within the state on the off chance a Kansas police officer might mistake your CBD for marijuana.
How Old Do I Have to Be to Buy CBD in Kansas?
There is no age limit on CBD purchases in Kansas. Despite putting quite a few other restrictions in place, there is no official age you have to be to buy CBD in the state. Most CBD retailers (both in Kansas and online) ask that their customers be at least 18-21 years of age.
Can I Buy CBD in Kansas?
It’s certainly possible to buy CBD in Kansas, but you’ll have a much easier time with some approaches than others. If you’re looking to buy CBD gummies nearby — or any other type of CBD product, for that matter — your best bet will be shopping online. We’ll take a look at each of your available options below:
Online
CBD oils, CBD creams, CBD gummies, and all other types of hemp-derived products are easiest to buy in Kansas when you shop online. Colorado Botanicals is the internet’s most certified and respected CBD brand — we’re especially known for our rare cannabinoid collection, including sleep-boosting CBN oils.
CBD Stores
CBD stores near you in Kansas are very unlikely to carry the CBD products you’re looking for. They’re restricted to zero-THC products, first of all, and every Kansas CBD store owner is rightfully concerned about the possibility of state law enforcement raids. Many Kansas CBD shops have already shuttered their doors, in fact.
Dispensaries
Kansas does not have any medical or adult-use dispensaries. The state’s “medical marijuana program,” in which patients with terminal conditions can access products with up to 5% THC, is administered directly by licensed physicians. So, it will be impossible to get the CBD products you want this way.
Vitamin Stores
Supplement shops, natural food stores, and similar establishments are among the most likely places you’ll find CBD products in Kansas. All the same, these stores are limited to carrying 0%-THC products, and they won’t carry a wide selection.
Supermarket
It’s very unlikely that any supermarkets will carry CBD in Kansas. The state’s conservative politics combine with restrictive legislation to make the pros far outweigh the cons for Kansas supermarket operators and regional buyers.
Are CBD Gummies Legal in Kansas?
Yes, CBD gummies are legal in Kansas as long as they comply with the state’s overall 0% THC policy. Kansas has not moved specifically to ban or otherwise restrict the sale of edible THC-free CBD products.
Is CBN Legal in Kansas?
Yes, the hemp cannabinoid cannabinol (CBN) is legal in Kansas as long as products containing it include 0% THC. Kansas has not specifically moved to ban CBN.
Frequently Asked Questions
Do I need a prescription to buy CBD in Kansas?
No, it is not necessary to secure a doctor’s prescription to buy CBD in Kansas. You will need a doctor’s approval to buy any products with more than 0% THC, though.
Can I fly to Kansas with CBD?
Yes, you can fly to Kansas with CBD in your luggage. The US Constitution’s Commerce Clause protects interstate commerce and travel, and Kansas has not specifically banned CBD imports.
Can I vape CBD if I'm 18 in Kansas?
You can vape CBD at any age in Kansas. The state has not put any restrictions on CBD vaping. Just remember that CBD products must contain 0% THC to be legal in Kansas.
Can I smoke CBD flower in Kansas?
No, it is not legal to own or smoke CBD flower in Kansas since this type of CBD product always contains at least some THC. Most of the CBD-related arrests in Kansas have involved CBD flower.
Summary: Kansas CBD Laws
It’s a good thing for residents of the state that Kansas CBD laws mainly impact the sale and production of the cannabinoid. Thanks to the Constitution, the best CBD products in the country are at your fingertips. Trust Colorado Botanicals to ship top-tier CBD to any address in Kansas.
Sources
- The Washington Times https://www.washingtontimes.com. (2019, November 15). Drug charges dropped against Lawrence CBD store owner. The Washington Times. https://www.washingtontimes.com/news/2019/nov/15/drug-charges-dropped-against-lawrence-cbd-store-ow/
- Kansas Legislative Research Department. (2018). Alternative Crop Research Act; SB 263. https://www.kslegislature.gov/li_2018/b2017_18/measures/documents/summary_sb_263_2018.pdf
- State of Kansas Legislature. (n.d.). SENATE BILL No. 282. In State of Kansas Legislature. https://www.kslegislature.gov/li_2018/b2017_18/measures/documents/sb282_enrolled.pdf
- Kansas Legislative Research Department. (2019). Claire and Lola’s Law—Possession of certain cannabidiol treatment preparations, actions and proceedings prohibited, affirmative defense; Grandfathering of certain podiatrists; SB 28. https://kslegislature.gov/li_2020/b2019_20/measures/documents/summary_sb_28_2019.pdf
- Kansas Legislative Research Department. (2019). Commercial Industrial Hemp Program; Senate Sub. for HB 2167. In Kansas Legislative Research Department. https://kslegislature.gov/li_2020/b2019_20/measures/documents/summary_hb_2167_2019.pdf
- RCPD executes search warrant at CBD American Shaman in Manhattan; Arrest made. (n.d.). Riley County Police Department, KS. https://www.rileycountypolice.org/CivicAlerts.aspx?AID=654