TOPEKA âÂ Theyâre here in Kansas. CBD products with a bit of that oh-so-taboo THC in them. To vape, to put under your tongue.
Some retailers argue those products became legal on July 1 because ofÂ tweaks to state regulationÂ of cannabis-related substances in a bill supportingÂ the stateâs fledgling industrial hemp program.
Other vendors who also believe small amounts of THC became legal in Kansas on July 1 geared up to sell, then got cold feet after a hemp advocacy group posted a warning from a high-level Kansas Bureau of Investigation official on its Facebook page.
âFull spectrum is not legal,â says the statement, which Kansans for Hemp organizer Kelly Rippel says he received from KBI executive officer Katie Whisman. âCBD isolate or CBD containing no other controlled substance is what was carved out as legal.â
Full spectrum commonly refers to CBD products that include THC. (Although, buyer beware: Sometimes products labeled âfull spectrumâ donât actually contain THC, and sometimes those labeled âTHC-freeâ actually do have it.)
Multiple people who work in the CBD industry said sales of CBD with THC in it are now common across Kansas. The Kansans News Service easily found it for purchase within state lines.
National retailer CBD American Shaman prepped its website to start selling full spectrum to Kansans starting July 1, but postponed that plan when Whismanâs quote surfaced in late June. It remains hopeful the KBI is wrong.
âWeâre just not gonna take the chance until itâs really clear,â CEO Vince Sanders said. âItâs all crazy âŚ It is what it is, which is what we deal with in the world that we live.â
His Kansas City-based company sells CBD across the country and has become accustomed to an ever-shifting maze of state-by-state regulations.
âWe know the legislatorsâ intent was to have full-spec oil,â he said. âThe revisors (lawyers at the Kansas Statehouse who draw up bills for lawmakers) are writing exactly what the intent was. âŚ We expected to have (a letter of legislative intent) by last Friday. We still donât have it. So again, we expect it any time.â
A KBI spokeswoman told the Kansas News Service Friday it knows vendors are confused, and that clarification is needed.
âWe are currently reviewing the issue, but donât have specific guidance to offer at this time,â she wrote.
Sen. Mary Ware, who owns two CBD American Shaman stores in Wichita, says she understood the law to legalize full-spectrum products. A revisor and a Department of Agriculture attorney both assured her that was the case, she said, and she has requested clarification from Attorney General Derek Schmidtâs Office.
But a Department of Agriculture spokeswoman said in an email that agency doesnât directly regulate CBD oil or how itâs used or manufactured, âincluding determining what the legal level of THC may be.â
âAs we read the bill, [full-spectrum CBD] is not directly addressed,â she said.
The bill, she said, âdoes not regulate end products (other than to prohibit by criminal penalty the production of some specific products) created from hemp.â
âOur intent [was to allow] the growth of industrial hemp and the production of CBD oil,â she continued, âbut that all products must meet whatever legal requirement[s] that were already in place.â
The legal requirement already in place for CBD bans THC.
She ultimately referred questions on THCâs legal status in CBD products to the attorney general.
Contacted by the Kansas News Service, Schmidtâs office would not answer the question.
âWe have not yet received a request for a legal opinion on this issue,â a spokesman said, and did not answer follow-up questions about whether Schmidt had received an inquiry from Ware.
The Statehouse revisor who worked on the hemp bill wouldnât comment on whether he had told the senator that full-spectrum products would become legal. He said he had not been approached by anyone seeking a letter clarifying legislative intent.
Revisors canât answer questions from the public about legal analysis, he said. That includes the Kansas News Serviceâs question about whether HB 2167 legalized full spectrum CBD products.
How we got here
In 2018, Kansas legalized CBD, or cannabidiol. Vendors could only sell CBD without THC, or tetrahydrocannabinol.
Both substances come from cannabis â â the plant with high-THC varieties used for medical and recreational pot, and low-THC varieties used for CBD and hemp products.
CBD legalization led to a flourishing market for the stuff in everything from tinctures and slow-release skin patches to soda drinks and gummy bears.
Ideally, though, vendors want to offer the full-spectrum, THC-laced options, too. Those proved popular in other states. Some sellers say they come with additional health benefits. (The vast majority of claims regarding health benefits of CBDÂ with or without THCÂ have not passed federal vetting.)
This year,Â Kansas lawmakers passed two laws that relate to cannabis or its extracts.
One was the industrial hemp bill that some vendors believe now allows them to sell full-spectrum CBD with some THC.
The other wasÂ Claire and Lolaâs law, a narrow bill that may assist certain people if they ever find themselves facing prosecution for possessing some products currently illegal in the state of Kansas.
But do bottles of CBD with small amounts of THC (up to 0.3%, a definitionÂ related to federal law) that some vendors now consider fair game even get anyone high?
âYou could drink a gallon of the oil in order to get enough THC to get high. Youâd be so sick to your stomach and still not be high,â said Ware, the senator who owns CBD shops.
Mallory Loflin, a psychiatry professor at the University of California-San Diego who researches medical cannabis and CBD, had a different take. For some people, a bottle would do it.
âEspecially a novice user without much experience with the plant,â she said. âTheyâre definitely going to be feeling intoxicated.â
But if they chug that much fatty oil, Loflin says, diarrhea is theÂ otherÂ effect that likely awaits them.