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Kansas prosecutors to crack down on selling, possession of Delta 8

Delta 8 THC
Posted at 11:56 AM, Feb 22, 2022
and last updated 2022-02-22 12:56:29-05

KANSAS CITY, Mo. — Johnson County District Attorney Steve Howe announced Tuesday his office will join others across the state in cracking down on the selling and possession of Delta-8 THC in Kansas.

In a release, Howe said that last fall, his office and several others across the state asked Kansas Attorney General Derek Schmidt for a legal opinion on the status of Delta-8.

The Food and Drug Administration describes Delta-8 as one of 100 cannabinoids produced by the cannabis plant, though it’s typically not found in significant quantities in the plant.

Howe said that Schmidt’s opinion concluded that Delta-8 THC is considered a Schedule I controlled substance that is unlawful to possess or sell in Kansas.

Howe said his office has notified businesses in Johnson County that they have until March 20, 2022, to remove products containing Delta-8 THC from their stores.

“While we are sympathetic to the plight of many who suffer from a variety of ailments and conditions and seek help in easing their pain, we have a duty to ensure that unlawful products are not being sold to consumers and that these substances go through proper vetting processes to insure they are safe to consumers,” Howe said in the release. “Delta-8 THC is a hallucinogenic drug and thus cannot be sold to the public.”

Howe encouraged the Kansas Legislature to provide further clarity on the issue.