WICHITA, Kan. (KSNW) – The gray area surrounding buying and selling Delta 8 THC in Kansas is no longer so gray.
On Thursday, Sedgwick County District Attorney Marc Bennett said that when law enforcement brings him evidence of the Delta 8 THC crimes, he will be ready to file charges when appropriate.
Bennett indicates that the Attorney General’s Office issued a legal opinion in December 2021 that Delta 8 is illegal. In that opinion, the Attorney General noted and clarified that Delta-8 THC is a Schedule I controlled substance as it contains more than 0.3% total tetrahydrocannabinol (THC).
At the time, the District Attorney said his office was unable to pursue a Delta 8 case until local law enforcement investigated and submitted a potential criminal case to his office for review.
Now, he says local officials will engage in efforts to further educate the community about the potential criminal liability for “possession or distribution of Delta-8 or similar substances with an inadmissible, high level of THC content.”
Bennett said he supports the effort.
“We recognize that it is confusing for consumers to have companies publicly marketing legally banned substances,” he said. “We hope that companies and others who advertise, market or sell ‘Delta-8’ or other controlled substances will take this opportunity to stop and comply with our state’s laws.”
Bennett said those who continue to have Delta-8 or sell it should understand that officers will investigate and present evidence of such crimes to his office.
“At that point, we will investigate those cases and file charges when appropriate under Kansas State law,” he said.