Is CBD Legal in Kansas? What You Should Know About CBD Use

Is CBD legal in Kansas blog image

Over the last few decades, attitudes toward cannabis have shifted dramatically, leading to increasing legalization at both the state and federal levels. While marijuana remains federally illegal, dozens of states have enacted legislation regarding medical and recreational marijuana. However, the status of CBD, a compound derived from cannabis plants, often raises questions, especially in states like Kansas. Understanding the legal landscape of CBD in Kansas is crucial for residents and visitors alike.

The 2018 Farm Bill removed hemp and hemp-derived products (containing 0.3% or less THC) from the Drug Enforcement Administration schedule of controlled substances, allowing for federally legalized cultivation, production, distribution, transportation, and possession of such products. However, cannabis legalization has not reached every state.

In fact, there are just 12 states in the US that continue to prohibit all marijuana use. Curious about cannabis in Kanas? If so, you’re probably wondering: Is marijuana legal in Kansas? What about CBD? 

Here’s what you need to know to comply with state laws.

Is CBD Legal in Kansas?

Before we answer that all-important question, let’s take a closer look at what CBD is. 

Cannabidiol, or CBD, is just one of hundreds of chemical compounds that occur naturally in the Cannabis sativa plant. Specifically, it is among the most well-known cannabinoids, along with tetrahydrocannabinol (THC), that interact with the human endocannabinoid system (ECS). 

These compounds bind to CB1 and CB2 receptors in the ECS, impacting several bodily systems, such as the central nervous and immune systems.

Before you can enjoy CBD, however, you need to know the answer to one crucial question — is cannabis legal in Kansas? 

First, you must understand that there are two main types of cannabis plants — marijuana and hemp. Technically, they are the same species, but from a legal perspective, hemp plants are characterized by a THC content of 0.3% or less. In contrast, marijuana plants contain greater amounts of THC, sometimes significantly more.

That is an important distinction because, as noted above, the 2018 Farm Bill legalized hemp and hemp-derived products, including hemp CBD, at the federal level. Even though marijuana remains illegal in Kansas, hemp CBD is legal in all 50 states.

So, is CBD legal in Kansas? Yes, yes, it is! 

Where to Buy CBD Oil in Kansas

With the passage of Senate Bill 282 in 2018, Kansas excluded CBD from the definition of marijuana, in alignment with the 2018 Farm Bill. That paved the way for the sale, possession, and use of CBD products in the state, but importantly, it specified THC-free CBD.

Senate Bill 28, passed in 2021, further legalized the use of CBD oil with no more than 5% THC by patients with medically diagnosed debilitating or chronic conditions. Still, it is only allowed with a physician’s recommendation. Answering the question, “Is CBD legal in Kansas?” is a good start, but you must also know where to obtain legal products.

CBD dispensaries, vape stores, pharmacies, and even grocery stores across the state are legally allowed to sell THC-free hemp CBD products to consumers. These products can also be purchased online. Higher levels of CBD are available at some dispensaries, but only to qualified patients.

Is Weed Legal in Kansas?

Marijuana, commonly referred to as weed, has not yet been legalized in Kansas, either for medical or recreational use. Possessing, selling, and growing marijuana is illegal in the state. Those found in possession of less than certain amounts may face either a misdemeanor or felony charge with potential penalties. 

Kansas Weed Laws 2023

Although surveys have shown that more than two-thirds of residents are in favor of legalizing medical and recreational marijuana for adults aged 21 and over, the state senate does not seem inclined to pass marijuana laws in Kansas. 

In March, the Senate Federal and State Affairs Committee tabled a debate on Senate Bill 135, intended to implement a medical marijuana program in 2025.

While the Senate may not be keen to discuss the topic, much less pass legislation, voters will have a chance to voice their preference in the upcoming 2024 elections, when every seat in the state legislature will be up for vote. Surveys have shown that nearly 70% of residents have expressed that they would support a candidate in favor of legalization.

CBD vs. Full-Spectrum CBD

While CBD products are legal throughout the US, it’s essential to understand that this only pertains to hemp CBD. If interested in purchasing CBD oil, Kansas residents must ensure they get the right product. That means understanding both federal and state laws.

Federally legal CBD products derived from a cannabis plant must contain 0.3% or less THC, and the final products are also restricted to having this amount of THC. Typically, full-spectrum products contain all the cannabinoids and other chemical compounds found naturally in the cannabis plant, including THC.

Technically, this means that products legalized by the 2018 Farm Bill are considered full-spectrum, even though the THC content is negligible. Under Kansas state law, however, only THC-free CBD products are allowed (except for the medical products permitted by SB 28).


Hemp derivatives like Delta-8 and Delta-10 THC constitute something of a legal gray area. Because they come from hemp cannabis, they are technically legal under the 2018 Farm Bill, which specifically targets and restricts Delta-9 THC content.

When researching questions like, “Is weed legal in Kansas 2023,” you might naturally be confused about derivatives like Delta-8. By the letter of the law, any product free of Delta-9 THC should be legal. 

Unfortunately, some municipalities have other interpretations. Law enforcement in Derby, Kansas, for example, has taken the view that any form of THC is illegal, including Delta-8. Other cities and counties are unsure. 

In an attempt to clarify, the state attorney general issued Opinion No. 2021-4 in December of 2021, asserting that Delta-8 THC qualifies as a controlled substance and is illegal unless it comes from industrial hemp. The final product must contain no more than 0.3% total tetrahydrocannabinol.

For some in law enforcement, this language means that any form of THC exceeding 0.3% in a given product is illegal. Unfortunately, some still feel that the language isn’t entirely clear where Delta-8 is concerned.

Age Requirements

Now that you understand what types of CBD are legal, you may wonder, is CBD legal in Kansas for everyone? The answer is complicated. Technically, there is no age limit for purchasing legal CBD products.

That leaves retailers to determine who they want to sell to, which means age-based purchase eligibility could vary from seller to seller. Typically, stores offering CBD products have taken the approach that consumers must be at least 18 to purchase CBD, although some will sell it only to customers aged 21 or older.

Possession Limits

State law does not place any limits on products that are THC-free, so you can purchase and possess however much CBD you need.

Medical vs. Recreational

THC-free CBD products may be purchased for any reason without the need for a doctor’s recommendation. They can be taken for medical or recreational purposes. Only patients with a qualifying medical condition and a recommendation from a physician are allowed to purchase CBD products containing 5% or less THC, per Senate Bill 28.

Organic Cannabinoid Products From the Hemp Doctor

Is CBD legal in Kansas if you order online? If you choose products that comply with state laws, such as THC-free or broad-spectrum tinctures and gummies, the answer is yes. 

Online ordering offers a convenient means of purchasing hemp CBD, particularly when you choose a company that uses discreet packaging to protect your privacy. Whether you are in Wichita, Topeka. Lawrence, or any other city in Kansas, we can deliver top-notch products to you.The Hemp Doctor provides a range of products, such as delta 9 gummies and delta 8 edibles, designed to meet your needs and ensure state law compliance. With an unwavering commitment to quality and safety, we are excited to offer the latest advancements in CBD to our patrons in Kansas. Shop today and receive free shipping on orders over $50.