Businesses in Johnson County must stop selling Delta-8, district attorney says
The district attorney in Johnson County has ordered businesses to stop selling Delta-8, a cannabinoid advertised as producing a mild high.
Johnson County stores have until March 20 to remove Delta-8 from their shelves, Johnson County District Attorney Steve Howe said in a notice to businesses that carry the product.
Failure to comply, Howe said, could result in criminal charges.
Howe’s notice comes after a Dec. 2 opinion issued by Kansas Attorney General Derek Schmidt, which determined that Delta-8 is a Schedule 1 controlled substance and unlawful to possess or sell in Kansas.
The only exception is when it is made from industrial hemp that contains no more than .3% tetrahydrocannabinols (THC).
“While we are sympathetic to the plight of many who suffer from a variety of ailments and conditions and seek help in easing their pain, we have a duty to ensure that unlawful products are not being sold to consumers and that these substances go through proper vetting processes to insure they are safe,” Howe said in a statement. “Delta-8 THC is a hallucinogenic drug and thus cannot be sold to the public.”
Delta-8 is legal in Missouri, which has also legalized marijuana for some medical conditions.
Vince Sanders, the owner and founder of CBD American Shaman believes Howe’s request is unfair.
He would have liked the Kansas Legislature to determine the outcome of Delta-8 before any enforcement takes place.
“It makes no sense to have Kansas businesses lose our products,” he said. “In Kansas, everybody will just drive a few miles to Missouri and just buy the same product.”
This story was originally published February 23, 2022 at 12:03 PM.