CBD in Kansas: Official State Guide
In this article, we’ll discuss everything to do with CBD and MMJ in Kansas. Keep reading to find out where you can buy it, how much you can have, and how you can get a medical marijuana card in Kansas.
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Despite its growing popularity, a lot of people are still confused about CBD. Is it the same as weed?
Is it legal? Can I get it where I live?
With the laws governing CBD and other cannabis products changing often, it’s important to keep up to date on the latest information.
CBD (cannabidiol) is a cannabinoid substance found in cannabis. However, unlike THC, CBD is non-intoxicating, meaning ingesting it in any form will not get you high. It’s mainly used for relaxation and pain relief by most people.
The Sunflower State is notoriously restrictive when it comes to any type of cannabis product. As a result, you may not have access to the type of CBD or medical marijuana that you’d like or need.
Below, we’ll go over everything you need to know about CBD and medical marijuana in Kansas.
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Is CBD Legal in Kansas? (Laws and Regulations)
In most cases, it is illegal to purchase or possess any substance containing THC in Kansas.
There are two different kinds of CBD, each having a different legal status in Kansas. The first is marijuana-based CBD, which is produced by extracting CBD from a flowering marijuana plant.
This type contains a small, but significant amount of THC, making it illegal to possess in Kansas.
However, those suffering from a debilitating illness have the right to marijuana-based THC under Claire and Lola’s law, passed to legalize the use of CBD oil in extreme circumstances.
Unless you have a debilitating illness, it is still illegal to possess THC-CBD within Kansas.
The second type of CBD is hemp-based CBD, derived from industrial hemp. Hemp has historically been illegal in the United States under the Controlled Substances Act of 1970.
However, the United States Senate passed the Hemp Farming Act in 2018, making industrial
Hemp production legal throughout the country.
After the bill passed, states still had the ability to make hemp production illegal. In contrast with many other states, Kansas made industrial hemp legal in 2018, the same year as the federal government.
You could now produce hemp and hemp-related products so long as you had the relevant licenses. There are currently no requirements for individuals to possess hemp-based CBD or other hemp products.
That means that it is entirely legal to possess hemp-based CBD, no matter if you have a medical condition or not. You can purchase it in a store or online as long as it contains no THC.
However, anyone who makes CBD will know that extracting cannabidiol from hemp and guaranteeing 0% THC is extremely difficult. Sometimes a batch will come out with 0.1%, while another using the same process will result in 0.5%.
Since regulations for CBD are very new, it’s hard to enforce correct advertisement for CBD products. Some vendors may lie about the THC content. As such, you have to be very careful choosing which vendor you purchase your CBD from in Kansas or online.
Kansas CBD Possession Limits
The Kansas CBD possession limits are a little tricky. Since hemp-based CBD containing no THC is legal, anyone can possess any amount. You don’t need to have a document permitting you to carry it, and the law doesn’t regulate the amount you’re allowed to have.
On the other hand, CBD containing less than 5% THC is technically legal for some medical patients. They’re allowed to carry whatever their doctor recommends, but not more.
However, people without a doctor’s note cannot carry any amount of this type of CBD.
How to Get a Medical Marijuana Card in Kansas
Over the last decade or so, 33 states have made medical marijuana legal to varying degrees. Some have very relaxed laws that allow you to get an MMJ card quite easily, while others have stringent regulations for obtaining one.
Kansas currently does not have any official medical marijuana (MMJ) program in place. That means that it is impossible to obtain marijuana for medicinal purposes in the state of Kansas.
In other words, you cannot get a medical marijuana card in Kansas.
The Kansas State Senate has made quite a few attempts to jumpstart a medical marijuana program. In 2013, Democrat David Haley put forward a comprehensive MMJ bill that would make using THC legal for patients with debilitating illnesses.
However, it stalled in the Senate in 2015.
In May 2021, another bill was proposed and passed by the Kansas State House of Representatives regarding MMJ. While many are hopeful that it will pass in the Senate, the bill isn’t scheduled for a vote until 2022.
It would make MMJ legal for lupus, cancer, Parkinson’s, and other serious diseases.
However, Kansas does have one law currently on the books that makes medicinal THC legal under certain circumstances. Claire and Lola’s law, passed and signed in 2019, allows adults and children with severe medical conditions to possess and consume CBD that contains less than 5% THC.
So, while there is no medical marijuana program in Kansas, Claire and Lola’s law provides the legal framework for medical THC use, if not medical marijuana.
You can purchase low-grade THC-CBD so long as you obtain a letter from your doctor at least 15 months before attempting to buy it. While it can still help, the time requirement can make it highly impractical.
Also, it’s worthwhile to note that it is very illegal to purchase medical marijuana or THC-CBD in another state and bring it into Kansas. You will be arrested and charged for this and could face even worse charges for drug trafficking over state lines.
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Finding Marijuana Dispensaries in Kansas
There are no legal marijuana or medical marijuana dispensaries in Kansas. The state still qualifies marijuana as a controlled substance that is highly illegal to purchase or possess. As such, you won’t find any legal dispensaries in Kansas, no matter how hard you look.
However, this might change in the future. With the new 2021 bill regarding medical marijuana slated for a vote in 2022, there may be new dispensaries opening in the next few years.
Kansas has a history of strict marijuana laws. Even if the State Senate Passes the bill, anyone looking to open a dispensary will likely have to navigate a complicated process filled with red tape.
FAQ’s
You may still have some questions regarding CBD and medical marijuana use in Kansas. Below, we’ve gone over some of the most common ones our readers come up with.
You have to be 18 years or older to buy 0% THC-CBD in Kansas from a physical store or online retailer. However, there is no age restriction for medicinal CBD containing 5% THC or less. However, it is much harder to obtain.
If the new bill passes the State Senate in 2022, the age restriction will likely remain the same, but there is a possibility that the government raises it to 21 or older.
Since cannabis and flowering marijuana plants are illegal in Kansas, you cannot grow any amount of cannabis in your home. There is no grow license available in the state, and if you are caught growing marijuana plants you will be arrested and charged.
However, you may be able to obtain a commercial hemp license. This allows you to grow cannabis plants containing less than .3% THC to make specific products, like CBD.
You cannot legally use marijuana in Kansas in any form. In fact, Kansas has some of the toughest marijuana laws in the country and even taxes you if you’re caught with the intent to sell.
That means that if you’re arrested with a large amount of marijuana, the state may incarcerate you and tax you for how much they think you would make from selling it.
You cannot obtain a marijuana grow license in Kansas. Marijuana is still extremely illegal throughout the state, and there is no legal circumstance that would allow you to grow it.
You can face years in prison if you’re caught growing marijuana.
Next Steps
We hope this article has answered all of your questions regarding CBD and medical marijuana in Kansas. While 0% THC-CBD is legal in the state, medical marijuana is still illegal, and marijuana-derived CBD is restricted to most.
If you’re looking to start a marijuana business, Kansas probably isn’t the best place to start. However, laws are changing, so always keep track of new bills or changes to existing laws.
It could be that you break into a brand new market for CBD and medical marijuana!
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Last Updated on June 17, 2021 by admin
