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Cannabis retailer in Kansas sues state over Delta 8 raids

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Lawrence, Kansas – A cannabis retailer in Kansas who is lawsuit The state raided his store in Topeka after the attorney general said Delta-8 was an illegal controlled substance.

The suit of Terpene Distribution owner, Murray Dines He argues that Delta 8 products are derived from hemp and contain less than 0.3% of Delta 9 THC, arguing that the products are legal under federal law.

Kansas Attorney General Derek Schmidt’s opinion I decided that cigarettes, cigars, tea and vaping devices containing Delta 8 THC They fall under the classification of Schedule I of controlled substances:

From the previous analysis, we see that Delta-8 THC falls within the definition of a Schedule I controlled substance and is illegal to possess or sell in Kansas unless it is made from industrial hemp and contained in a legal hemp product that contains no more than 0.3% total tetrahydrocannabinol (THC). ). Illicit cannabis products include cigarettes, cigars, tea, and items used in vaping devices. Delta-8 THC derived from any source other than industrial hemp is a Schedule I controlled substance and illegal to possess or sell in Kansas. Other federal and state laws and regulations place additional restrictions on the legality of products containing THC and other cannabinoids.

Attorney General Derek Schmidt

Danes, now based in Lawrence, Kansas, said the raids by the Topeka Police Department seized over $120,000 in cash, containers, supplies, cannabis derivatives and products, but says Schmidt’s opinion was used as an authority, and in violation of the Improvement Agriculture Act of 2018 (Farm Act 2018 ).

The Agriculture Improvement Act 2018 Cannabis is defined as:

The term “hemp” means the plant Cannabis sativa L. and any part of that plant, including its seeds
and all derivatives, extracts, cannabinoids, isomers, acids, salts and isomers of salts, whether grown or not, at a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis.

2018 Farm Code – SEC. 297 a. definitions

Since the passage of the 2018 Farm Act, which allowed cannabis cultivation across the country, products containing delta-9 THC have been at the fore in a sort of “opening. ”

The federal lawsuit brought by Danes also argues that Kansas law states:

2-3905. commercial industrial hemp business; legislative intent. (a) It is the intention of the Kansas Legislature that the Commercial Industrial Hemp Act shall be enforced by the Kansas Department of Agriculture in the least restrictive manner permitted by federal law.

Article 30 – Industrial hemp

However, the Kansas Office of Law Review considers cannabis products made for human consumption illegal.

Any other hemp product intended for human or animal consumption that contains any ingredient derived from industrial hemp that is prohibited by the Kansas Food, Drug, and Cosmetic Act, Saudi Arabia 65-636 et seq., as amended, and Commercial Feeds Law, Kingdom of Saudi Arabia 2-100 et seq. and its amendments.

Kansas Statute Auditor’s Office

FOX4 has reached out to the attorney general’s office for comment and has yet to respond.

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