US (KS): Legality of Delta-8 THC challenged, sales allowed in Sedgwick County for now

The Kansas attorney general says it’s illegal and more county and district attorneys are saying they will prosecute stores that sell it. But with the law on its side for now, Delta-8 THC still being sold in many areas including Sedgwick County.

The FDA offers the following definition for Delta 8: “A psychoactive substance found in the Cannabis sativa plant, of which cannabis and hemp are two varieties.” Delta-8 THC is similar to other forms of the drug, including Delta 9, which is more potent.

For now, the use of Delta-8 THC is legal in Kansas, but Attorney General Derek Schmidt disagrees with that. He expressed his opinion publicly in December.

“THC comes within the definition of a Schedule-1 controlled substance (which includes drugs like cannabis and cocaine) and is unlawful to possess or sell in Kansas,” Schmidt said.

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