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TOPEKA – They are here in Kansas. CBD products containing a little of this THC, a taboo. Vaper, put under the tongue.
Some retailers claim that these products became legal on July 1 because of changes to the regulation of cannabis-related substances in a bill supporting the government's industrial hemp research program.
THC is the chemical that forms the basis of medical and recreational cannabis. Polls show that most Americans want to legalize it. Kansas is one of the few states with the most restrictive laws.
Related: Kansas police officers do not want to legalize marijuana – for medical purposes or otherwise
Other sellers who also believe that small amounts of THC became legal in Kansas on July 1 are ready to sell, and then have been cold-feet after a hemp advocacy group issued a warning of A Kansas official at the Bureau of Investigations on his Facebook page.
"The whole spectrum is not legal," says Kelly Rippel, organizer for Kansans for Hemp, who said that she had received from KBI Executive Director Katie Whisman. "The CBD isolate or CBD containing no other controlled substance is what has been declared legal."
The full spectrum generally refers to CBD products containing THC. (Warning, buyer: sometimes, products labeled "full spectrum" do not contain THC, and sometimes those labeled "THC-free" actually contain THC.)
Several people working in the CBD industry have stated that CBD sales containing THC are now common throughout Kansas. The Kansans News Service has easily found for purchase within the state.
National retailer CBD American Shaman prepared its website to start selling the full spectrum to the Kansans as of July 1, but postponed this plan when the Whisman quote was released in late June. It remains to be hoped that the KBI is wrong.
"We just will not get this chance until everything is really clear," said Vince Sanders, General Manager. "Everything is crazy … it's what it is, that's what we are facing in the world we live in."
His Kansas City-based company, which sells CBD across the country, has become accustomed to a maze of ever-changing regulations.
"We know that the intention of legislators was to have a full-fledged oil," he said. "The revisers (the Kansas Statehouse attorneys who prepare the bills for the legislators) write exactly what their intention was. … We expected to receive (a letter of legislative intent) by last Friday. We still do not have it. Once again, we are waiting at any time.
A KBI spokeswoman told the Kansas News Service on Friday that she knew the suppliers were confused and needed clarification.
"We're looking at the problem right now, but we do not have specific guidelines to offer at the moment," she wrote.
Senator Mary Ware, who owns two CBD American Shaman stores in Wichita, said she understood the law to legalize full spectrum products. A reviewer and a lawyer from the Ministry of Agriculture both assured her that this was the case, and she sought clarification from the Attorney General's Office, Derek Schmidt.
But a spokeswoman for the Ministry of Agriculture said in an email that the agency did not directly regulate CBD oil, nor how it was used or manufactured, "especially to determine the legal level of THC."
"When reading the bill, [full-spectrum CBD] it's not directly addressed, "she said.
The bill, she said, "does not regulate finished products (other than the criminal prohibition to produce certain products) created from hemp".
"Our intention [was to allow] the growth of industrial hemp and the production of CBD oil, "she continued," but that all products must meet all legal requirements[s] who were already in place. "
The legal requirement already in force for the CBD prohibits THC.
She eventually referred to the Attorney General questions about the legal status of THC in CBD products.
Contacted by the Kansas News Service, Schmidt's office would not have answered the question.
"We have not yet received a request for legal advice on this issue," said a spokesman. He did not answer the following questions about whether Schmidt had received a request for information from Ware.
A Statehouse reviewer who worked on the hemp bill did not want to know if he had told the senator that full spectrum products would be legal. He added that no one had contacted him to ask him for a letter clarifying the legislator's intention.
Reviewers can not answer questions from the public about the legal analysis, he said. This includes the Kansas News Service question about whether HB 2167 legalized full spectrum CBD products.
How we got here
In 2018, Kansas legalized CBD, or cannabidiol. The sellers could only sell CBD without THC or tetrahydrocannabinol.
Both substances come from cannabis – the plant containing high THC varieties used in medical and recreational pots, and low THC varieties used in CBD and hemp products.
Check out the latest NCSL card containing current cannabis laws.
The legalization of the CBD has created a thriving market for everything from tinctures to slow-release skin patches, sodas and gelatin teddy bears.
Ideally, suppliers also want to offer full spectrum options associated with THC. These have proved popular in other states. Some sellers say that they come with additional health benefits. (The vast majority of claims regarding CBD health benefits with or without THC have not passed the federal examination.)
This year, Lawmakers in Kansas have passed two laws relating to cannabis or its extracts.
One of them was the industrial hemp bill, which some sellers now allowed them to sell full spectrum CBD with THC.
The other was Claire and Lola's law, a narrow bill that could help some people if they found themselves facing lawsuits for possession of currently illegal products in the state of Kansas.
But CBD bottles containing small amounts of THC (up to 0.3%, a definition linked to federal law) that some sellers now consider just game, even make people rise to the height ?
"You could drink a gallon of oil to get enough THC to raise the level. You would be so sick to the stomach and still not be high, "said Ware, the senator who owns the CBD stores.
Mallory Loflin, a professor of psychiatry at the University of California at San Diego, who is doing research on medical cannabis and CBD, had a different point of view. For some people, a bottle would do it.
"Especially a novice user without much experience in the factory," she said. "They will definitely feel intoxicated."
But if they swallow as much oily oil, says Loflin, diarrhea is the other effect that probably awaits them.
Celia Llopis-Jepsen reports on the Kansas News Service on health and consumer education. You can follow her on Twitter @Celia_LJ or write to him at celia (at) kcur (dot) org. Kansas News Service is a collaboration of KCUR, Kansas Public Radio, KMUW and High Plains Public Radio, focused on the health and well-being of Kansans, their communities and civic life.
Reports and photos from the Kansas News Service can be republished at no cost with the appropriate attribution and link to ksnewsservice.org.
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