In a Jan. 24 opinion, the Kansas Attorney General’s office said it is unlawful to sell CBD products in the state due to cannabis’ status as a Schedule I drug under both the federal and state Controlled Substances Acts.
“Our review of literature on the subject leads us to conclude that cannabidiol is derived from the parts of the cannabis plant that are not excluded from the definition of marijuana, or is derived from resin found on any part of the plant, and therefore fits squarely within the general definition of marijuana.” – Jan. 24 Kansas Attorney General opinion
The authors, state Attorney General Derek Schmidt and Deputy Attorney General Athena Andaya, explain that while there are parts of the cannabis plant that are excluded from the definition of marijuana – namely stalks, oil or cake derived from the seeds, and serialized seeds from plants defined as industrial hemp – “resin, extracted from any part of the plant, is specifically included in the general definition of marijuana.”
The authors note that while the Kansas Legislature did reschedule CBD from a Schedule I to a Schedule IV last year, the change requires that, in order to be sold, CBD products must be approved by the federal Food and Drug Administration – which, to this point, has not occurred.
The Hemp Industries Association has filed a lawsuit against the Drug Enforcement Administration over the classification of CBD by the agency, which is headed to the 9th Circuit Court of Appeals next month.
Get daily cannabis business news updates. Subscribe