Abilene CBD stores playing it safe with unclear Delta-8 state laws

Ed Boice, Abilene Reflector-Chronicle, Kan.
·5 min read

Jan. 28—Delta-8 THC — one of the 100 plus cannabinoids found in cannabis plants according to the U.S. Food and Drug Association — has been a hot-button topic in Kansas because of how unclear state legislation is on the cannabinoid. For store owners in Abilene, they are handling the issue however the owners feel it is the best way for their business.

While legislation has not changed, the Dec. 2 opinion letter on delta-8 published by Kansas Attorney General Derek Schmidt has garnered varying responses across the state. The letter was a response to questions from the Kansas Bureau of Investigation. In the letter, Schmidt stated all products that are above 0.3 percent of delta-8 by weight ratio are illegal in Kansas.

In Dickinson County, Jerry Davis, Dickinson County sheriff, said the Sheriff's Department notified county shops of what the attorney general's letter said as a "public service." The department took no enforcement action when and has not currently taken action since the attorney general's letter was released. Davis said the department will be "abiding by" the attorney general's opinion letter. Davis declined to comment on his opinion of the letter.

In Ellis County, District Attorney Robert Anderson used the opinion letter in a case this month, according to a story by the KSNT titled "Disagreements over delta-8 legality leave Kansas stores in limbo." Anderson also several months earlier and a couple weeks ago sent warnings to shop owners in the city of Hays to relinquish their delta-8 products that are over the 0.3 percent weight ratio to avoid future prosecution, according to a story by the Butler County Times-Gazette titled "Shops in Hays have been told to turn over their stocks of delta-8 THC products to law enforcement."

In Geary County, the county's Sheriff's Office sent out cease-and-desist letters in January to stores in the county to pull all delta-8 labeled products off their shelves, according to a story in the Junction City Union titled "Geary County abolishes delta-8 THC product sales."

For Megan C. (who requested her last name be excluded), owner of Abilene Vape and CBD, the general's opinion letter is just that: an opinion. She also has several issues and complaints as to how the state has dealt with addressing delta-8. Her store in Abilene currently sells products with 0.3 percent and less delta-8. The unclearness has caused her to be vigilant in every delta-8 related product she sells.

"There needs to be more regulations. We need black and white regulations and rules," Megan C. said.

Megan C. said she is in contact with officers from the Dickinson County Sheriff's Department, prosecutors from the district court and the city of Abilene to ensure all parties are being responsible and upholding the law.

"They're not just stiffing us, like they are not saying 'this is illegal and we're taking you to jail.' They are going 'help us help you. We want you to stay in business, but we have to uphold the law. Help us figure it out," Megan C. said. "We're all trying to figure it out."

For New Horizon Hemp, a hemp farm and processing business, the business does not produce any delta-8 products, said Jeff Wilkens, co-owner of New Horizon. While the business does not deal with the product, Wilkens said the cannabinoid is definitely a "gray area" in the state legally. New Horizon was founded in 2019, when delta-8 began to appear in stores, Wilkens said. The Kansas Department of Agriculture at the time had reacted by telling store owners to stay away from the cannabinoid, Wilkens said, so New Horizon did just that.

"It'll have to be black and white law-wise for us to do anything with it," Wilkens said.

Megan C. said the state has directed her to speak with the KDA for her questions, but she has not heard any useful answers from them because they do not specialize in retail products.

"We used to pay taxes on all of our vape-able CBD. We've been doing that for years. Then all of a sudden they moved all of us retailers who are paying taxes on those. They said 'nope, don't pay taxes on those no more,' and moved us to the Department of Agriculture," she said. "We don't know what to do because they moved us over there and they don't know how to deal with us."

Wilkens said KDA, to his knowledge, is responsible only for "seed to harvest," not making them responsible for delta-8 products. Wilkens also said New Horizon Hemp did not interact much with KDA in 2021 because they did not plant any hemp.

Megan C. said the state used to send someone to go to CBD stores' and go over products with the owners. Now, Megan C. said stores must hire attorneys and ask police for their advice on whether products are legal or not. She now has a cannabis lawyer who she consults with for every delta-8 product she sells to ensure she is following the law to the best of her abilities.

"There's over 200 pages of legislation that refer back to cannabis," Megan C. said. "If you read it, it is literally a spider's web because this refers to this, which refers back over to this, which refers back to up to another law. Nothing is cut and dry."

A major reason why Megan C. is passionate for her job and field is because it ultimately benefits society. Many of her employees use CBD and delta-8 for their mental health. For customers, CBD stores enable customers to obtain products that have been tested and produced for safety and to prevent access of these products to children.

"When you come in with us, you know what you're getting," she said. We're educating you on what you're getting and we have QR codes on all our products that take you back to what you're getting."