Kansas Attorney General Opinion 2021-004

December 2, 2021
ATTORNEY GENERAL OPINION NO. 2021- 4
Kirk D. Thompson, Director
Kansas Bureau of Investigation
1620 SW Tyler St.
Topeka, KS 66612
Re: 	Agriculture—Industrial 	Hemp—Commercial 	Industrial 	Hemp 	Act;
Definitions—Unlawful Hemp Products; Penalties; Exceptions
Uniform Controlled Substances Act—Substances included in Schedule I
Crimes 	and 	Punishments—Crimes 	involving 	Controlled 	Substances—
Scope 	of 	Act—Unlawful 	Cultivation 	or 	Distribution 	of 	Controlled
Substances—Unlawful Possession of Controlled Substances
Synopsis: 	Delta-8 tetrahydrocannabinol (Delta-8 THC) comes within the definition of a
Schedule I controlled substance and is unlawful to possess or sell in Kansas
unless it is made from industrial hemp and is contained in a lawful hemp
product having no more than 0.3% total tetrahydrocannabinols (THC).
Unlawful hemp products include cigarettes, cigars, teas, and substances for
use in vaping devices. Delta-8 THC derived from any source other than
industrial hemp is a Schedule I controlled substance and unlawful to
possess or sell in Kansas. Other federal and state laws and regulations
place additional limits on the legality of products containing THC and other
cannabinoids. Cited herein: K.S.A. 2-3901, 2-3908, 21-5702, 65-2365, 65-
4105.
* 	* 	*
Dear Director Thompson:
As Director of the Kansas Bureau of Investigation, you ask for our opinion regarding the
legality of products containing Delta-8 Tetrahydrocannabinol. Specifically, you ask:

Kirk D. Thompson
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1. 	Are products containing Delta-8 Tetrahydrocannabinol or its optical
isomers legal to sell in Kansas?
2. 	If so, is there a statutorily-prescribed limit to the amount of Delta-8
Tetrahydrocannabinol or its optical isomers such products may contain?
Your questions derive from the fact that tetrahydrocannabinols are Schedule I controlled
substances. 1 The possession and sale of controlled substances are prohibited by Article
57 of Chapter 21 of the Kansas statutes, unless, inter alia, "the conduct prohibited is
authorized by the ... uniform controlled substances act … [or] the commercial industrial
hemp act."2 Our interpretation of those acts, and particularly of the 2021 amendments to
the Commercial Industrial Hemp Act, 3 leads us to conclude that the sale or possession of
products 	derived 	from 	industrial 	hemp 	that 	contain 	no 	more 	than 	0.3% 	total
tetrahydrocannabinols is not prohibited by the Kansas Uniform Controlled Substances
Act. 4 The sale or possession of such products is lawful so long as the products are not
unlawful hemp products as defined by Kansas statute and are not otherwise prohibited
by state or federal law. 5
What is Delta-8 THC?
Delta-8 THC is one of more than 100 cannabinoids present in Cannabis sativa plants. 6
Marijuana 7 and industrial hemp 8 are two varieties of Cannabis sativa. Although Delta-8
1 K.S.A. 2021 Supp. 65-4105(h)(1).
2 K.S.A. 2021 Supp. 21-5702(b).
3 K.S.A. 2-3901 et seq.
4 K.S.A. 21-5701 et seq.
5 Unlawful hemp products are defined in K.S.A. 2021 Supp. 2-3908. Products originating from outside of
Kansas are subject to federal law concerning tetrahydrocannabinols and other cannabinoids such as
cannabidiol (CBD).
6 Cannabis (Marijuana) and Cannabinoids: What You Need to Know,
https://www.nccih.nih.gov/health/cannabis-marijuana-and-cannabinoids-what-you-need-to-know (Nov.
2019 Update) (last accessed on Sept. 30, 2021).
7 "Marijuana" is defined in Kansas "all parts of all varieties of the plant Cannabis whether growing or not,
the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt,
derivative, mixture or preparation of the plant, its seeds or resin. 'Marijuana' does not include: (1) The
mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any
other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, except the resin
extracted therefrom, fiber, oil or cake or the sterilized seed of the plant that is incapable of germination; (2)
any substance listed in schedules II through V of the uniform controlled substances act; (3) cannabidiol
(other trade name: 2-[(3-methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol); or (4)
industrial hemp as defined in K.S.A. 2-3901, and amendments thereto, when cultivated, produced,
possessed or used for activities authorized by the commercial industrial hemp act." K.S.A. 2021 Supp. 21-
5701(j).
8 Kansas law defines "industrial hemp" as "all parts and varieties of the plant cannabis sativa L., whether
growing or not, that contain a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry
weight basis." K.S.A. 2021 Supp. 2-3901(b)(7).

Kirk D. Thompson
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THC is produced by the cannabis plant, it is not found in significant amounts in the plant. 9
For commercial purposes, it is manufactured from a non-psychotropic cannabinoid,
cannabidiol (CBD), extracted from industrial hemp. 10
Like the more well-known Delta-9 THC, Delta-8 is a psychotropic substance. 11 When
consumed orally, Delta-8 has approximately 50-75% of the psychotropic potency of Delta-
9 THC. 12 Users report that the effects of Delta-8 are similar to the "high" from Delta-9, but
to a lesser degree. 13 This effect is what has made products containing Delta-8 THC
popular among retailers and consumers who tout it as providing a "legal high." To begin
our analysis of that claim of legality, we first consider whether Delta-8 THC is a controlled
substance.
Does Delta-8 THC Meet the Definition of Tetrahydrocannabinols in the List of Controlled
Substances?
The Uniform Controlled Substances Act, K.S.A. 65-4101 et seq., defines and classifies
the substances that are made unlawful by Article 57 of the Kansas Criminal Code.
Substances 	designated 	as 	Schedule 	I 	controlled 	substances 	include 	certain
"cannabinoids, their salts, isomers and salts of isomers, unless specifically excepted,
whenever the existence of these salts, isomers and salts of isomers is possible within the
specific 	chemical 	designation." 	Among 	the 	Schedule 	I 	cannabinoids 	are
tetrahydrocannabinols, which are defined as follows:
tetrahydrocannabinols naturally contained in a plant of the genus Cannabis
(cannabis 	plant), 	as 	well 	as 	synthetic 	equivalents 	of 	the 	substances
9 This conversion can be performed by the use of solvents, acids, and heat. Centers for Disease Control
and Prevention, Increases in Availability of Cannabis Products Containing Delta-8 THC and Reported
Cases of Adverse Events, CDCHAN-00451, Sept. 14, 2021 (official CDC Health Advisory), available at
https://emergency.cdc.gov/han/2021/han00451.asp (last accessed Sept. 20, 2021) (hereinafter, "CDC
Advisory"). The conversion process may create harmful by-products, and unknown remnants of the
materials used in the process may remain in the Delta-8 THC incorporated into consumer products. Id.
Tests commissioned by a pro-cannabis industry organization revealed pesticides, heavy metals, and
"clearly illegal quantities" of THC in some products. U.S. Cannabis Council, The Unregulated Distribution
and Sale of Consumer Products Marketed as Delta-8 THC, June 2, 2021, available at https://irp.cdn-
website.com/6531d7ca/files/uploaded/USCC%20Delta-8%20Kit.pdf (last accessed Oct. 29, 2021). 	The
U.S. Cannabis Council characterized the health risks of Delta-8 THC as "a major consumer safety issue,
posing dangers greater than the 'vape crisis' of 2019." Id. In the first seven months of 2021, 660 cases of
Delta-8 THC "adverse events" were reported, a number that is regarded as a fraction of the actual incidents.
Id. Nearly 40% of the patients were children less than 18 years of age, and nearly 20% of all cases required
hospitalization. CDC Advisory.
10 CDC Advisory, supra n.9.
11 U.S. Food and Drug Administration, 5 Things to Know about Delta-8 Tetrahydrocannabinol,
https://www.fda.gov/consumers/consumer-updates/5-things-know-about-delta-8-tetrahydrocannabinol-
delta-8-thc?utm_medium=email&utm_source=govdelivery (last accessed Sept. 14, 2021) (hereinafter, "5
Things to Know"). Cannabis plants are classified as marijuana or industrial hemp depending on the THC
content.
12 CDC Advisory, supra n.6.
13 Id.

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contained in the plant, or in the resinous extractives of Cannabis, sp. and/or
synthetic substances, derivatives, and their isomers with similar chemical
structure and pharmacological activity such as the following: Delta 1 cis or
trans tetrahydrocannabinol, and their optical isomers Delta 6 cis or trans
tetrahydrocannabinol, and their optical isomers Delta 3,4 cis or trans
tetrahydrocannabinol, and its optical isomers (Since nomenclature of these
substances 	is 	not 	internationally 	standardized, 	compounds 	of 	these
structures, 	regardless 	of 	numerical 	designation 	of 	atomic 	positions
covered.) … 14
Neither "Delta-8" nor "Delta-9" appear in this definition – only Delta-1, -6, and -3,4 are
specifically named. However, this does not mean that Delta-8 and Delta-9 are not
Schedule I tetrahydrocannabinols. First, the list of tetrahydrocannabinols is not limited to
those specifically identified by number; the introductory phrase is "such as the following,"
a phrase that indicates the list is illustrative, not exhaustive.15 More importantly, the Delta
numbers are assigned according to chemical nomenclature (naming systems), and
multiple naming systems exist for tetrahydrocannabinols. 16 The monoterpenoid system
names the primary psychoactive tetrahydrocannabinols Delta-1, Delta-6, and Delta-3,4;
whereas the dibenopyran or formal pyran system labels the same substances Delta-9,
Delta-8, and Delta-6a,10a, respectively. 17 The numbers correspond to the positions on
the carbon atom where a double bond occurs. 18
The Legislature acknowledged in the statute that "nomenclature of these substances is
not internationally standardized" and wrote the definition to include "compounds of [the
listed] structures, regardless of designation of atomic positions covered." 19 Because
Delta-1, Delta-6, and Delta-3,4 named in the statute are the same substances as the
tetrahydrocannabinols designated as Delta-8, -9, and -10 in the dibenopyran or formal
pyran system, we conclude that Delta-8, Delta-9, and Delta-10 THC fall within the
definition of tetrahydrocannabinols in K.S.A. 2021 Supp. 65-4105. Thus, Delta-8 THC is
a Schedule I controlled substance, unless it comes within one of the exceptions
concerning industrial hemp. 20
14 K.S.A.2021 Supp. 65-4105(h)(1) (emphasis added). This definition is almost identical to the definition
found in the federal Controlled Substances Act. See 21 C.F.R. § 1308.11(d)(31)(i).
15 See Reverse Mortg. Sols., Inc. v. Goldwyn, 2017 WL 6625225 at *6 (Kan. App. 2017) (unpublished
opinion), quoting Black's Law Dictionary ("'The participle including typically indicates a partial list'") and
Garner's Dictionary of Legal Usage ("‘It is hornbook law that the use of the word including indicates that the
specified list ... is illustrative, not exhaustive.’ [Citation omitted.]”).
16 Pertwee, Roger G. “Cannabinoid Pharmacology: the First 66 Years.” British Journal of Pharmacology vol.
147 Supp. 1, at 4 (2006), available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1760722/ (last
accessed Sept. 30, 2021).
17 Id.
18 Id.
19 K.S.A. 2021 Supp. 65-4105(h)(1).
20 This conclusion is strengthened by the recent action of the federal Drug Enforcement Administration
("DEA") in which it added "Delta-8 THC" as one of the "Other Names" for tetrahydrocannabinols in its
"OrangeBook" 	listing 	of 	controlled 	substances. 	U.S. 	Department 	of 	Justice, 	Drug 	Enforcement

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Do Delta-8 Products Come Within an Exception to the Definition of Prohibited
Tetrahydrocannabinols?
K.S.A. 	2021 	Supp. 	65-4105(h)(1) 	carves 	out 	three 	exceptions 	to 	its 	definition 	of
tetrahydrocannabinols. 21 It states that tetrahydrocannabinols contained in the following
are not controlled substances:
(A) industrial hemp, as defined in K.S.A. 2-3901, 22 and amendments
thereto;
(B) solid waste, as defined in K.S.A. 65-3402, and amendments thereto,
and hazardous waste, as defined in K.S.A. 65-3430, and amendments
thereto, 	if 	such 	waste 	is 	the 	result 	of 	the 	cultivation, 	production 	or
processing 	of 	industrial 	hemp, 	as 	defined 	in 	K.S.A. 	2-3901, 	and
amendments 	thereto, 	and 	such 	waste 	contains 	a 	delta-9
tetrahydrocannabinol concentration of not more than 0.3%; or
(C) hemp products, as defined in K.S.A. 2-3901, and amendments thereto,
unless 	otherwise 	deemed 	unlawful 	pursuant 	to 	K.S.A. 	2-3908, 	and
amendments thereto. 23
Administration, Lists of: Scheduling Actions, Controlled Substances, Regulated Chemicals, August 2021,
at 54, available at https://www.deadiversion.usdoj.gov/schedules/orangebook/orangebook.pdf.
21 Federal law contains one exception: "Tetrahydrocannabinols does not include any material, compound,
mixture, or preparation that falls within the definition of hemp set forth in 7 U.S.C. § 1639o." 21 C.F.R. §
1308.11(d)(31)(ii). "Hemp" is defined there as "the plant Cannabis sativa L. and any part of that plant,
including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of
isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3
percent on a dry weight basis."
22 "Industrial hemp" is defined as "all parts and varieties of the plant cannabis sativa L., whether growing
or not, that contain a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight
basis." K.S.A. 2021 Supp. 2-3901(b)(7).
23 K.S.A. 65-4105(h)(1)(A)-(C). K.S.A. 2021 Supp. 2-3908 prohibits the following hemp products: 	(1)
cigarettes; (2) cigars; (3) chew, dip, or other smokeless material; (4) teas; (5) liquids, solids, or gases for
use in vaporizing devices, and (6) any "hemp product intended for human or animal consumption containing
any ingredient derived from industrial hemp that is prohibited pursuant to the Kansas food, drug, and
cosmetic act, K.S.A. 65-636 et seq. … and the Commercial Feeding Stuffs Act, K.S.A. 2-1001 et seq." The
buds of industrial hemp plants, and ground floral or leaf material from industrial hemp plants, may only be
marketed, sold, or distributed in Kansas to persons licensed as hemp producers or registered as hemp
processors. Id. Federal laws, including the federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq.,
apply to cannabis and cannabis-derived products. See U.S. Food & Drug Administration, FDA Regulation
of Cannabis and Cannabis-Derived Products, Including Cannabidiol (CBD), https://www.fda.gov/news-
events/public-health-focus/fda-regulation-cannabis-and-cannabis-derived-products-including-cannabidiol-
cbd (dated Jan. 22, 2021) (last accessed Sept. 16, 2021). The authority to regulate products containing
cannabis-derived compounds is vested in the United States Food and Drug Administration (FDA), which
has stated that it is unlawful under 21 U.S.C. § 331(ll) to sell in interstate commerce any food (or animal
food or feed) to which THC or CBD has been added, including "gummies." Id. at FAQ 10. The FDA has
recognized, though, that certain hemp seed ingredients may be lawfully sold as a food product if they
otherwise comply with food safety laws and regulations. Id. It is also unlawful to sell CBD products that

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Your 	questions 	concern 	Delta-8 	products, 	so 	we 	focus 	on 	the 	final 	exception,
tetrahydrocannabinols contained in "hemp products." "Hemp products" are defined in
K.S.A. 2-3901, in relevant part, as follows:
“Hemp products” means all products made from industrial hemp, including,
but 	not 	limited 	to, 	cloth, 	cordage, 	fiber, 	food, 	fuel, 	paint, 	paper,
particleboard, plastics, seed, seed meal, seed oil for consumption, and any
extract from industrial hemp intended for further processing.24
Because 	THC 	in 	"hemp 	products" 	is 	excluded 	from 	the 	definition 	of 	prohibited
tetrahydrocannabinols, we conclude that Delta-8 THC from industrial hemp is not a
controlled substance. 25 Despite this conclusion, we cannot give an unqualified affirmative
answer to your question, "Are products containing Delta-8 Tetrahydrocannabinol or its
optical isomers legal to sell in Kansas?" Further issues require consideration.
First, some hemp products are unlawful to sell in Kansas regardless of THC content:
(1) cigarettes; (2) cigars; (3) chew, dip, or other smokeless material; (4) teas; (5) liquids,
solids, or gases for use in vaporizing devices; and (6) any "hemp product intended for
human or animal consumption containing any ingredient derived from industrial hemp that
is prohibited pursuant to the Kansas food, drug, and cosmetic act, K.S.A. 65-636 et seq.
claim to prevent, diagnose, treat, or cure diseases and to sell products containing THC or CBD as "dietary
supplements." Id. at FAQ 4, 9. Further excursus into federal law is beyond your question and beyond the
scope of this Opinion, but participants in the cannabis-derived products industry would do well to become
informed on relevant federal law.
24 K.S.A. 2021 Supp. 2-3901(b)(4). The 2021 amendment to this definition also added a limit on THC
content, as discussed infra.
25 Some concern has been raised about whether Delta-8 is a hemp product because it is produced from
CBD extracted from the Cannabis plant, not from processing Cannabis plant matter. Under this view, Delta-
8 is not a hemp product and is therefore a prohibited tetrahydrocannabinol. See, e.g., Colorado Department
of Public Health and Environment. Letter to Stakeholders Re: Production and/or Use of Chemically Modified
or Converted Industrial Hemp Cannabinoids, May 14, 2021 (advising licensees that "chemically modifying
or converting any naturally occurring cannabinoids from industrial hemp is non-compliant with the statutory
definition of 'industrial hemp product'"). To be an "industrial hemp product" in Colorado, a product must,
inter alia, "[c]ontain[] any part of the hemp plant, including naturally occurring cannabinoids, compounds,
concentrates, extracts, isolates, resins, or derivatives." Colo. Rev. Stat. Ann § 30-15-401. The Kentucky
Department of Agriculture has determined that Delta-8 THC is a controlled substance under state and
federal law. Kentucky Department of Agriculture, Letter to Kentucky Hemp License Holders, April 19, 2021.
As of August 2021, at least 18 states have restricted, regulated, or banned Delta-8 THC in some way,
including Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Kentucky, Idaho, Iowa, Michigan,
Mississippi, Montana, New York, North Dakota, Rhode Island, Utah, Vermont, and Washington. Alex
Malyshev 	and 	Sarah 	Ganley, 	Controlling 	Cannabis 	and 	the 	Classification 	of 	Delta-8 	THC,
https://www.reuters.com/legal/litigation/controlling-cannabis-classification-delta-8-thc-2021-09-22/ 	(last
accessed Sept. 30, 2021). Alabama, Florida, and Oklahoma are considering legislative or regulatory
changes to address Delta-8 THC. Id. The South Carolina Attorney General recently issued an Opinion
concluding that the state's Hemp Farming Act did not legalize Delta-8 or any other isomer of THC, and that
products containing more than trace amounts of Delta-8 THC remain unlawful because the THC is a
controlled substance. S.C. Att'y Gen. Op. to Chief Mark A. Keel, Oct. 4, 2021, at 6.

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… and the commercial feeding stuffs act, K.S.A. 2-1001 et seq." 26 It is unlawful to
manufacture, market, sell, or distribute any of these products in Kansas. 27 Also, the buds
of industrial hemp plants and ground floral or leaf material from industrial hemp plants
cannot be lawfully marketed, sold, or distributed to consumers in Kansas.28
Next, federal laws, including the federal Food, Drug, and Cosmetic Act, 29 apply to
cannabis and cannabis-derived products.30 The federal authority to regulate products
containing cannabis-derived compounds is vested in the United States Food and Drug
Administration (FDA). 31 The FDA has stated that under 21 U.S.C. § 331(ll), it is unlawful
to sell in interstate commerce any food (or animal food or feed) to which THC or CBD has
been added. 32 This includes "gummies." It is also unlawful to sell in interstate commerce
any products designated as "dietary supplements" that contain THC or CBD 33 and CBD
products that claim to prevent, diagnose, treat, or cure diseases. 34 Further excursus into
federal law is beyond your question and beyond the scope of this opinion, but participants
in the cannabis-derived products industry would do well to become informed on relevant
federal law.
Finally, there are limits to the amount of THC that a hemp product may lawfully contain,
as discussed in the next section.
Level of THC in Consumer Hemp Products
Your second question asks whether there is a statutorily-prescribed limit to the amount of
Delta-8 THC or its optical isomers that consumer products may contain. Prior to the 2021
amendments, the statutory definition of "hemp products" did not specify a limit on THC
content. The 2021 amendments to K.S.A. 2020 Supp. 2-3901 introduced a limit by adding
26 K.S.A. 2021 Supp. 2-3908(a)(1)(A)-(E).
27 Id.
28 These materials may be lawfully marketed, sold, or distributed only to persons licensed as hemp
producers or registered as hemp processors in Kansas. K.S.A. 2021 Supp. 2-3908(b)(1)(A)-(C). Likewise,
extracts from industrial hemp having a Delta-9 THC concentration greater than 0.3% can only lawfully be
marketed, sold, or distributed to persons holding one of those credentials. K.S.A. 2021 Supp. 2-
3908(b)(1)(D).
29 21 U.S.C. § 301 et seq.
30 U.S. Food & Drug Administration, FDA Regulation of Cannabis and Cannabis-Derived Products,
Including 	Cannabidiol 	(CBD), 	https://www.fda.gov/news-events/public-health-focus/fda-regulation-
cannabis-and-cannabis-derived-products-including-cannabidiol-cbd (dated Jan. 22, 2021) (last accessed
Sept. 16, 2021). The FDA has stated that the following hemp seed-derived food ingredients may be lawfully
sold as food products if they otherwise comply with food safety laws and regulations: hulled hemp seed,
hemp seed protein powder, and hemp seed oil. Id. at FAQ 10.
31 Id.
32 Id. at FAQ 10.
33 Id. at FAQ 9.
34 Id. at FAQ 4.

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the concept of "final" hemp products. 35 We construe "final" hemp products to mean
products that are in a form suitable for sale to consumers.36
The amendment states:
Final “hemp products” may contain a tetrahydrocannabinol concentration of
not more than 0.3%. As used in this paragraph, “tetrahydrocannabinol
concentration” 	means 	the 	same 	as 	in 	K.S.A. 	65-6235(b)(3), 	and
amendments thereto. 37
K.S.A. 65-2365(b)(3) defines "tetrahydrocannabinol concentration" as "the combined
percentage of tetrahydrocannabinol and its optical isomers, their salts and acids and salts
of their acids, reported as free tetrahydrocannabinol on a percent by weight basis."38
Notably, this definition is not limited to any specific form of THC such as Delta-8 or Delta-
9. 	Thus, 	we 	conclude 	that 	the 	limit 	of 	0.3% 	applies 	to 	the 	total 	amount 	of 	all
tetrahydrocannabinols in a final hemp product, including Delta-8, Delta-9, and all other
tetrahydrocannabinols.
Conclusion
From the foregoing analysis, we opine that Delta-8 THC comes within the definition of a
Schedule I controlled substance and is unlawful to possess or sell in Kansas unless it is
made from industrial hemp and is contained in a lawful hemp product having no more
than 0.3% total tetrahydrocannabinols (THC). Unlawful hemp products include cigarettes,
cigars, teas, and substances for use in vaping devices. Delta-8 THC derived from any
source other than industrial hemp is a Schedule I controlled substance and unlawful to
35 See K.S.A. 2021 Supp. 2-3901(b)(4). The amendments also added "any extract from industrial hemp
intended for further processing" to the list of "hemp products." Id. This addition reflects that while some
processors take in hemp plant material, extract the cannabinoids, and perform processing activities that
yield a consumer product, others take in hemp plant material, extract the cannabinoids, and then sell the
extract, which contains greater than 0.3% THC, to other processors. Persons holding hemp processor
registrations under K.S.A. 2-3907 or research or producer licenses under K.S.A. 2-3902 or 2-3906,
respectively, may lawfully possess such extract. See K.S.A. 2021 Supp. 2-3908(b)(1)(D).
Although not relevant to the analysis of your question, we note that some processors perform no extraction
but merely take in hemp plant material, dry it, possibly crush or grind it, and then either return it to the
producer or sell it to other processors. Such persons are the only ones to whom it is lawful to sell industrial
hemp buds and ground industrial hemp floral or leaf material. Id.
36 This is in contrast to hemp products intended for further processing before retail sale. See K.S.A. 2021
Supp. 2-3901(b)(4) (including as hemp products "any extract from industrial hemp intended for further
processing").
37 	K.S.A. 2021 Supp. 2-3901(b)(4). These "final" hemp products are distinct from substances at an
intermediate stage of processing – extract or "distillate" – that are intended for further processing, not for
sale to consumers. Id. Indeed, such extracts are illegal to sell to consumers because of their THC content.
Such extracts may be lawfully sold only to a person who holds a hemp processor registration or hemp
producer license. K.S.A. 2021 Supp. 2-3908(b)(1).
38 K.S.A. 65-6235(b)(3) (emphasis added).

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possess or sell in Kansas. Other federal and state laws and regulations place additional
limits on the legality of products containing THC and other cannabinoids.
Sincerely,
Derek Schmidt
Kansas Attorney General
AnnLouise Fitzgerald
Assistant Attorney General
DS:SS:AF:sb