Is CBD oil legal in Kansas? Yes, as on May 24, 2018, Kansas Senate finally passed Bill SB282 into law, which reclassifies a number of substances to “most dangerous” Class I drugs but decriminalizes cannabidiol (CBD) and its use. “The bill amends the definition of ‘marijuana’ in the Act and in statutes pertaining to crimes involving controlled substances. The bill exempts cannabidiol from the definition of ‘marijuana’.” [1]
So, regarding CBD oil, Kansas is relaxing its stern opposition for the first time since marijuana was banned in 1927, and its constituents are allowed to use CBD products with impunity. The Sunflower State is notoriously resistant to ease its legislation against all forms of cannabis, despite it being flanked by states who allow both medicinal and recreational marijuana use. Colorado, Kansas’s western neighbor, has already legalized marijuana for both uses, while Missouri, to the east, will slap you only with a small fine if you are caught using. Yet, even now, after SB282 has stripped CBD of its “most dangerous” drug status, there are a number of snags that Kansans need to be aware of. [2]
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No THC Allowed
The new law only makes provision for CBD, which means that any CBD product with even small traces of tetrahydrocannabinol (THC) is considered illegal. THC is one of many healthful cannabinoids in marijuana, but it is distinctly responsible for causing the infamous “high” or altered state of mind that marijuana users are familiar with.
This creates a number of issues, as even hemp-derived CBD products typically contain about 0.3% THC. This is the federal cutoff amount for the cannabinoid, but in the Sunflower State, even this tiny amount could land you in trouble.
The topic remains a controversial one, as THC does have proven therapeutic value, and some research suggests that CBD downregulates THC’s psychoactive action. Furthermore, Russo et al., in their 2006 UK study, A tale of two cannabinoids: the therapeutic rationale for combining tetrahydrocannabinol and cannabidiol, concluded: “The hypothesis that the combination of THC and CBD increases clinical efficacy while reducing adverse events, is supported.” [3]
This theory, also referred to as the “entourage effect,” still needs to be rigorously tested with clinical, double-blind trials, but advocates are firm that thousands of users cannot be wrong. So, regarding CBD oil, Kansas may still need to fine-tune application of the law so as to reap the full benefit from cannabinoids. As it stands, the lawmakers are skeptical.
No Product Regulation Yet
Is CBD oil legal in Kansas? Yes, but beware where you buy your products. Easing of stringent laws across the U.S. has caused many vendors to pop up everywhere—also online—but since the market is still unregulated in Kansas, this is a cause for concern.
The Utah scare last year and early this year saw 52 people falling ill from a synthetic product falsely labeled as CBD. This caused the Centers for Disease Control and Prevention (CDC) to call for urgent regulatory and control systems “to minimize the risk for recurrences of this emerging public health threat.”
To quote Jack Wilbur, a spokesman for the Utah Department of Agriculture and Food: “It’s been a little bit of a don’t ask, don’t tell kind of a business.” [4]
So far, there is no way for Kansans to know the quality of their products. Some of these could contain little to no CBD, more THC than allowed, or other harmful compounds such as heavy metals. So far, the new Kansas bill does not provide for local access to quality CBD oils, but nevertheless, this is a major step forward for the state.
The best prospective users can do for now is to conduct a lot of personal research and look to buy online and/or from states with a regulated and tested market, such as Colorado.
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Medical Marijuana on the Horizon for Kansas?
Addressing constituents in a Wichita coffee shop during a campaign stop, governor candidate Josh Svaty is a man with a plan and one who sees marijuana possession and use becoming legal in Kansas as early as 2019.
In a June 2018 report in The Wichita Eagle, he is claimed to have said that “he'd be open to signing legislation to get rid of criminal penalties for pot possession if he wins the governor race. ‘I think that it's very possible we could see a bill on my desk within maybe the next year,’ he said. ‘It's only failed ... by a few votes even this last year.’”
He raised the point that Kansas could soon find itself between two states who fully legalize marijuana use and thought that this would benefit the state. Proposing that Kansas can draw on the mistakes and problems its neighbors encounter, Svaty said, “So when we implement a program in this state, we can fix those problems.” [5]
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Despite the challenges lying ahead for Kansas government in regard to regulation, CBD appears to be here to stay. And, if it depends on the constituents, marijuana should follow soon.
A 2015 Statewide Public Opinion Survey revealed: “When asked about marijuana policy, over two-thirds of respondents favored allowing medical marijuana in Kansas, while almost as many (63%) favored decriminalizing recreational marijuana so that personal possession would only involve a fine, rather than jail time.” [6]
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However, cannabidiol and its healthful properties seem set to help Kansas patients of all ages who suffer from seizure disorders, chronic pain, depression, anxiety, chronic inflammation diseases, Alzheimer’s disease, and many more. It appears that “Is CBD oil legal in Kansas?” could soon be an old question with clear answers.
Sources:
1. http://kslegislature.org/li/b2017_18/measures/documents/summary_sb_282_2018.pdf2. https://www.mpp.org/states/kansas/
3. https://www.ncbi.nlm.nih.gov/pubmed/16209908
5. https://www.kansas.com/latest-news/article211329814.html
