Is THCA legal in Kansas? Kansas hemp, CBD, delta-8 and kratom laws

The law in Kansas

Kansas's commercial industrial hemp act defines hemp in K.S.A. 2-3901 as the plant with no more than 0.3 percent delta-9 THC on a dry weight basis, where that figure combines delta-9 THC with its isomers, salts and acids, reported as free THC.

A finished hemp product has its own limit: no more than 0.3 percent THC, measured under K.S.A. 65-6235 as the combined percentage of THC and its isomers, salts and acids. In plain terms, the product limit is total THC, and THCA counts toward it.

Kansas's definition of marijuana leaves out cannabidiol and industrial hemp grown and handled under the hemp act, and its Schedule I listing for THC leaves out lawful hemp products.

1. May 24, 2018Kansas removes cannabidiol from its definition of marijuana.
2. August 24, 2018Attorney General Opinion 2018-10: selling products with any amount of CBD is not unlawful under state law.
3. December 2, 2021Attorney General Opinion 2021-4: delta-8 is Schedule I outside a lawful hemp product.
4. April 27, 2026SB 430 is signed, adding mitragynine to Schedule I.
5. July 1, 2026Mitragynine and 7-hydroxymitragynine become Schedule I substances.
6. December 11, 2026The federal limit of 0.4 mg total THC per container begins.

Banned hemp products

K.S.A. 2-3908 makes it unlawful to make, market, sell or distribute these hemp products in Kansas:

• hemp cigarettes and cigars;
• chew, dip or other smokeless hemp;
• hemp teas;
• liquids, solids or gases containing hemp for vaporizing devices;
• any consumable hemp product with an ingredient the Kansas food, drug and cosmetic act prohibits. The law says this does not bar CBD oil as such.

Hemp buds, ground floral or leaf material and extract above the delta-9 limit may be sold only to registered hemp processors and licensed producers. A first violation is a class A nonperson misdemeanor, and a later one a felony.

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2. Strongest Broad Spectrum CBD Oil 12000mgNeurogan$0.017/mg
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5. Organic THC-Free CBD Tincture (Unflavored)Joy Organics$0.052/mg
6. Enhanced Broad Spectrum CapsulesMedterra$0.053/mg

CBD and delta-8

A 2018 law, SB 282, added cannabidiol to the substances left out of Kansas's definition of marijuana, effective May 24, 2018. The Attorney General's Opinion 2018-10 then said possessing or selling products with any amount of CBD is not unlawful under Kansas law, while any amount of THC outside the hemp exemptions still is.

Opinion 2021-4, of December 2, 2021, says delta-8 THC is a Schedule I substance unless it is made from industrial hemp and sits in a lawful hemp product with no more than 0.3 percent total THC. It names hemp cigarettes, cigars, teas and vape substances as unlawful products.

Kansas sets no minimum age for hemp or CBD products and requires no license to sell finished hemp products. SB 292, which would have barred sales to anyone under 21, died in committee in April 2026.

Kratom, kava, amanita and spores

Kansas banned kratom in 2026. HB 2365, signed April 10, 2026, added 7-hydroxymitragynine to Schedule I, and SB 430, signed April 27, 2026, added mitragynine, the main compound in kratom, with no exception. Both took effect July 1, 2026.

We found no Kansas statute naming kava, amanita muscaria or its compounds, or mushroom spores. Psilocybin and psilocyn are Schedule I.

The federal change on December 11

From December 11, 2026, the federal definition counts total THC including THCA and limits a finished hemp-derived cannabinoid product to 0.4 mg per container. Kansas's own 0.3 percent total THC limit still applies beside it. Read the federal page and What's changing on December 11.

Products with no THC fall outside both: broad spectrum and isolate CBD, THC-free topicals and functional mushrooms.