CBD Now Allowed Under Kansas Law — If It Has No THC

In a small step forward for patients who could benefit from medical cannabis, the definition of “marijuana” under Kansas law was changed by SB 282 to exclude cannabidiol (CBD). However, because state law separately bans tetrahydrocannabinols (THC), it will be difficult for medical cannabis patients to take advantage of this provision, because most CBD products contain at least trace amounts of THC (“hemp” is sometimes defined as 0.3% THC or less).

The bill itself does not provide for in-state access to CBD oils in Kansas, and CBD products are generally still illegal under federal law, as the Drug Enforcement Administration clarified in a rule that was recently upheld in federal court. But, there may be a narrow exception under a federal law allowing hemp research programs — and Gov. Colyer also recently signed a bill that will create such a program in Kansas.

While there are a number of “CBD” products available online, these products are typically unregulated, and unfortunately some do not actually contain the amount of CBD on the label — or any at all — or they also contain THC or dangerous compounds such as heavy metals. A more reliable way to obtain CBD oil would be to get it in a state with a regulated cannabis market such as Colorado, but doing so can be costly and onerous.

Despite its limitations, this is step forward. Once the law takes effect (which will happen when it is formally published), if patients are caught in possession of CBD oil that contains no THC, they will no longer be subject to prosecution for marijuana possession under Kansas law. With the passage of this bill, Idaho is now the only remaining state that does not acknowledge the medical benefits of cannabinoids in any way!