Johnson County DA says Delta-8 ‘cannot be sold to the public’

Delta 8
Delta 8(KCTV5)
Published: Feb. 22, 2022 at 4:56 PM CST
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JOHNSON COUNTY, Kan. (KCTV) - Businesses have until March 20 to stop selling Delta-8 products, according to the Johnson County District Attorney.

If they do not, they could face criminal penalties.

District Attorney Steve Howe posted an announcement online saying the following:

Since the enactment of the Kansas Commercial Industry Help Act in 2018, misinformation has been disseminated to businesses, consumers, and the public on the legality of a cannabinoid known as Delta-8 THC in Kansas.

To add clarity to this issue, the Johnson County District Attorney’s Office and several other jurisdictions across the state asked the Attorney General for a legal opinion on this issue.

On December 2nd, 2021 the Attorney General issued opinion No. 2021-4, which found that Delta-8 THC is a Schedule I controlled substance and is unlawful to possess or sell in Kansas.

The only exception is when it is (1) made from industrial hemp, and (2) if it is industrial hemp, it must contain no more than .3% total tetrahydrocannabinols.

We have begun providing written notice to businesses selling these products. This notice allows them until March 20, 2022 to remove these products from their stores, before they could be subject to criminal penalties.

. . .

We look forward to working with the affected businesses to assist them in complying with Kansas law.

I want to remind everyone that, in a democracy, the legislative branch of government makes the laws. The Attorney General and other prosecutors across the state like myself are part of the executive branch whose job is to enforce the law.

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 the proper vetting process to [ensure] they are safe to consumers. Delta-8 THC is a hallucinogenic drug and thus cannot be sold to the public.

We are hoping the Kansas Legislature will provide further clarity to this issue during the next legislative session.

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