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Kansas business selling Delta 8 plans to stand its ground despite warning from prosecutors

Delta 8 product
Posted at 9:45 PM, Feb 22, 2022

OVERLAND PARK, Kan. — Johnson County law enforcement is putting businesses that sell products containing Delta 8 THC on notice.

On Monday, Johnson County District Attorney Steve Howe ordered businesses selling the product to stop by March, 20, 2022.

Delta 8 will make a person feel high, but its side effects are milder.

"There are hundreds of cannabinoids you can literally convert one to another very easily," Vince Sanders, founder of CBD American Shaman said.

Although Delta 8 hit the market in 2019, CBD American Shaman didn't start selling it until last year as its popularity grew.

"They’re [customers are] coming for the product for a variety of ailments, you know, all types of inflammation and pain management, to anxiety," Sanders said.

However, back in December, Kansas Attorney General Derek Schmidt issued a legal opinion labeling Delta 8 as a Schedule One Controlled Substance, making it unlawful to possess or sell.

"So, we think that is an appropriate determination of what the law is in Kansas right now," Howe said on Tuesday.

In response to Schmidt's opinion, Howe has drafted a letter that police departments plan to hand out to businesses selling Delta 8, informing them about Schmidt's opinion and that they can't sell the product after March 20.

"With these different products being sold with different chemical compounds or different additives, it's always a constant challenge," Howe said. "And we're again trying to be even handed about this and putting people on notice, we think this is the right approach, but it is confusing."

He would like to see Kansas lawmakers provide some clarity on Delta 8, something Sanders can agree on.

"Cannabis has a huge place in our healthcare and that, you know, we just need to get our heads around it and figure out how to properly legislate it and get it into the consumers hands," Sanders said.

If not, he's ready to go court.

"We are 100% confident that what we're doing is legal within the letter of the law in Kansas," Sanders said. "So we'll let the judge decide you know, who's whose interpretation is correct."

Delta 8 is legal in Missouri.