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Derby Police crack down on Delta 8, but is it legal?

WICHITA, Kan. (KWCH) – Is possession of Delta 8 legal or illegal in Kansas? The answer depends on where you live.

Derby Police Department say if a product contains THC it is illegal in their town.

A post they shared on social media last week is getting a lot of people talking about THC and Delta 8.

Derby Police Department shared a photo on Facebook saying officers had found THC vapes during a traffic stop.

“If something contains THC under the law that Kansas currently has, THC is illegal,” Chief Deputy Brandon Russell said.

He said that according to the city solicitor, THC is not allowed in Derby.

“If they have something that says THC, and they’re in the city of Derby, and they end up dealing with the Derby Police Department, we’ll consider it illegal, under state law. It would happen in a very similar way to what happened here. The material would be tested. According to the results of these tests, that’s what comes out as far as the actual prosecution of it,” Deputy Chief Russell said.

12 News showed the post to Lucas Fitch, operations manager for CBD Plus in northeast Wichita. He said his shop doesn’t carry the brand shown in the photo.

“But I’m sure a few other stores might offer it because I’ve had a bunch of customers asking for it,” Fitch said. “Like I said, as long as they can find it legally in a store and show them where they bought it, cops don’t really have a case in my opinion.”

Fitch said his store doesn’t hide the fact that its store doesn’t sell products made with hemp-derived THC.

“All still legal. As I said, the only technically illegal cannabinoid is Delta 9 THC. But as far as Delta 8, THC-P, THC-A, anything like that, it’s still legal under the Federal Farm Act of 2018, so that’s just what we’re taking advantage of,” Fitch said.

Back in Derby, the Deputy Chief advises Kansans to be aware of enforcement which may differ from city to city.

“Get the legal opinions of what is and isn’t being done particularly where they live. you have to be aware of what the law is, and again, just because something isn’t enforced, doesn’t mean it isn’t a law,” Russell said.

Derby Police say that in this specific incident the person has not been arrested but has been cited and will need to appear in court. The charges that person faces will depend on the lab results of the vape pen.

12 News reached out to the Wichita Police Department about how it is handling Delta 8. The police department released the following statement:

“On December 2, 2021, Kansas Attorney General Derek Schmidt issued his formal opinion that Delta-8 Tetrahydrocannabinol (Delta-8 THC) products are illegal to possess or sell in Kansas if they contain more than 0.3 % tetrahydrocannabinols (THC) . Also, Delta-8 products can only be made from industrial hemp and cannot come from potent cannabis plants. Lab analysis indicated that multiple Delta-8 products purchased from Wichita businesses contain a THC level significantly above 0.3%. Many of these items were advertised as having a THC level of less than 0.3%, but lab testing has shown that this is not the case. The Wichita Police Department would like to educate and warn businesses that the sale of marijuana and Delta-8 products with a THC level greater than 0.3% is illegal in Kansas and that criminal cases could be prosecuted if illegal sales continue . The Wichita Police Department would like business owners, managers and employees to contact the Wichita Police Department to turn over their stock of illegal substances without fear of prosecution. However, if illegal sales of marijuana and Delta-8 products with a THC level above 0.3% continue, the cases could be retried. Businesses may call the Wichita Police Department’s Bureau of Special Investigations at 316-268-4171 with questions.

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