Delta 8 THC Retailer Sues Kansas Over Product Seizures

Delta 8 THC Retailer Sues Kansas Over Product Seizures

Kansas Gov. Laura Kelly recently stated she is not guilty when it comes to a recent seizure of intoxicating hemp products in Topeka — and wants a federal court to release her from a retailer’s lawsuit.

Kelly’s lawyers argue that the governor shouldn’t be part of a legal battle over whether Delta 8 THC products are illegal controlled substances, even if they are derived from hemp.

The retailer points out that states under federal law are “not authorized to alter the definition of hemp,” meaning that products made from legal hemp extracts are also legal.

The Shakedown on Hemp

Murray Dines, owner of Terpene Distribution and the Guardian Cannabis THC Recreational Dispensary, filed a lawsuit in June against Gov. Laura Kelly and Kansas Attorney General Derek Schmidt, stating that Schmidt was wrong when he issued an opinion last December calling hemp intoxicants illegal.

Shortly after Dines’ store in Topeka was raided by local law enforcement, with roughly $120,000 worth of hemp intoxicants removed. The governor argued in a filing this week that she has no connection to enforcement of the challenged Kansas criminal statutes.

Delta 8 THC is legal in Kansas, but its attorney general considers the use, possession, and sale of Delta 8 products “unlawful,” even if derived from legal hemp. However, products are still sold and distributed across Kansas — and you can still order them online without fear of penalty or prosecution.

Kansas Delta 8 THC Law

Delta 8 THC is currently legal in Kansas under state law. You can use, possess, sell, distribute, promote and produce delta-8 products without fear of penalty or prosecution.

  • The use, possession, sale, distribution, purchase, and production of Delta 8 is legal in Kansas. However, Kansas’ state attorney general believes it’s an illegal controlled substance. 
  • You can legally purchase Delta 8 products online and through unlicensed CBD dispensaries across the state.
  • Other cannabinoids such as Delta 10, THC-O, and HHC are legal. 
  • Medical and recreational marijuana is strictly illegal.
  • CBD is legal in Kansas but must not carry any quantity of THC.

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