Is Delta-9 THC (hemp-derived) Legal in Kansas? (2026)

Vape / inhalable

Illegal

As of October 19, 2026, Delta-9 THC (hemp-derived) is illegal to sell at retail in Kansas as vape / inhalable. Hemp Delta-9 vape - illegal. Effective 2019-04-18. Controlling source: K.S.A. 21-5701(k) - Kansas Criminal Code, Marijuana definition.

Verified October 19, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
state named ban
Limit
(total ban)
Effective
2019-04-18
Effectively prohibitive
K.S.A. 2-3908(a)(1)(E) categorically bans 'liquids, solids or gases containing industrial hemp for use in vaporizing devices' from being manufactured, marketed, sold, or distributed by any person in Kansas, regardless of THC compliance.

Controlling language, verbatim

It shall be unlawful for any of the following hemp products to be manufactured, marketed, sold or distributed by any person in the state of Kansas: ... liquids, solids or gases containing industrial hemp for use in vaporizing devices.

Source of excerpt

Citations

  1. K.S.A. 21-5701(k) - Kansas Criminal Code, Marijuana definition (Office of Revisor of Statutes, State of Kansas, 2026-07-18) PRIMARYOFFICIAL
  2. K.S.A. 2-3901 - Commercial Industrial Hemp Act, Definitions (Office of Revisor of Statutes, State of Kansas, 2026-07-18) PRIMARYOFFICIAL
  3. K.S.A. 2-3908 - Unlawful hemp products; penalties; exceptions (Office of Revisor of Statutes, State of Kansas, 2026-07-18) PRIMARYOFFICIAL
  4. K.S.A. 2-3908 PRIMARYOFFICIAL
  5. Senate Substitute for HOUSE BILL No. 2167 (2019), New Sec. 5 — enrolled (Kansas Legislature) PRIMARYOFFICIAL
  6. K.S.A. 2-3907 - Hemp processor registration (Office of Revisor of Statutes, State of Kansas, 2026-07-18)OFFICIAL
  7. Kansas Department of Agriculture - Industrial Hemp program page (Kansas Department of Agriculture, 2026-07-18)OFFICIAL
  8. SB 292 (2025-26 session) - died, age-21/labeling amendments not enacted (Kansas Legislature, 2026-07-18)OFFICIAL

Change history

  • Effective date changed from none to 2019-04-18.

Capsule / tablet

Restricted

As of October 19, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Kansas as capsule / tablet. Hemp Delta-9 capsule - restricted. Controlling source: K.S.A. 21-5701(k) - Kansas Criminal Code, Marijuana definition.

Verified October 19, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
concentration cap

What the record says

Legal if <=0.3% delta-9 THC dry weight. Kansas's baseline hemp/marijuana carve-out uses the standard federal delta-9-only <=0.3% dry-weight test, so compliant hemp material generally is not 'marijuana' under the criminal code. However, K.S.A. 2-3908 independently and categorically bans an entire class of inhalable/smokable product forms (vape liquids, cigarettes, cigars, chew, tea) outright regardless of THC compliance, and separately restricts raw bud/ground floral/leaf material and >0.3% extract to the licensed/registered production-and-processing chain. No state minimum age currently applies to hemp cannabinoid sales generally.

Controlling language, verbatim

It shall be unlawful for any of the following hemp products to be manufactured, marketed, sold or distributed by any person in the state of Kansas: ... liquids, solids or gases containing industrial hemp for use in vaporizing devices.

Source of excerpt

Citations

  1. K.S.A. 21-5701(k) - Kansas Criminal Code, Marijuana definition (Office of Revisor of Statutes, State of Kansas, 2026-07-18) PRIMARYOFFICIAL
  2. K.S.A. 2-3901 - Commercial Industrial Hemp Act, Definitions (Office of Revisor of Statutes, State of Kansas, 2026-07-18) PRIMARYOFFICIAL
  3. K.S.A. 2-3908 - Unlawful hemp products; penalties; exceptions (Office of Revisor of Statutes, State of Kansas, 2026-07-18) PRIMARYOFFICIAL
  4. K.S.A. 2-3908 PRIMARYOFFICIAL
  5. K.S.A. 2-3907 - Hemp processor registration (Office of Revisor of Statutes, State of Kansas, 2026-07-18)OFFICIAL
  6. Kansas Department of Agriculture - Industrial Hemp program page (Kansas Department of Agriculture, 2026-07-18)OFFICIAL
  7. SB 292 (2025-26 session) - died, age-21/labeling amendments not enacted (Kansas Legislature, 2026-07-18)OFFICIAL

Beverage

Restricted

As of October 19, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Kansas as beverage. Hemp Delta-9 drink - restricted. Controlling source: K.S.A. 21-5701(k) - Kansas Criminal Code, Marijuana definition.

Verified October 19, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
concentration cap

What the record says

Legal if <=0.3% delta-9 THC dry weight; not among the K.S.A. 2-3908(a) categorically banned product types. Kansas's baseline hemp/marijuana carve-out uses the standard federal delta-9-only <=0.3% dry-weight test, so compliant hemp material generally is not 'marijuana' under the criminal code. However, K.S.A. 2-3908 independently and categorically bans an entire class of inhalable/smokable product forms (vape liquids, cigarettes, cigars, chew, tea) outright regardless of THC compliance, and separately restricts raw bud/ground floral/leaf material and >0.3% extract to the licensed/registered production-and-processing chain. No state minimum age currently applies to hemp cannabinoid sales generally.

Controlling language, verbatim

It shall be unlawful for any of the following hemp products to be manufactured, marketed, sold or distributed by any person in the state of Kansas: ... liquids, solids or gases containing industrial hemp for use in vaporizing devices.

Source of excerpt

Citations

  1. K.S.A. 21-5701(k) - Kansas Criminal Code, Marijuana definition (Office of Revisor of Statutes, State of Kansas, 2026-07-18) PRIMARYOFFICIAL
  2. K.S.A. 2-3901 - Commercial Industrial Hemp Act, Definitions (Office of Revisor of Statutes, State of Kansas, 2026-07-18) PRIMARYOFFICIAL
  3. K.S.A. 2-3908 - Unlawful hemp products; penalties; exceptions (Office of Revisor of Statutes, State of Kansas, 2026-07-18) PRIMARYOFFICIAL
  4. K.S.A. 2-3908 PRIMARYOFFICIAL
  5. K.S.A. 2-3907 - Hemp processor registration (Office of Revisor of Statutes, State of Kansas, 2026-07-18)OFFICIAL
  6. Kansas Department of Agriculture - Industrial Hemp program page (Kansas Department of Agriculture, 2026-07-18)OFFICIAL
  7. SB 292 (2025-26 session) - died, age-21/labeling amendments not enacted (Kansas Legislature, 2026-07-18)OFFICIAL

Edible / ingestible

Restricted

As of October 19, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Kansas as edible / ingestible. Hemp Delta-9 edible - restricted. Controlling source: K.S.A. 21-5701(k) - Kansas Criminal Code, Marijuana definition.

Verified October 19, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
concentration cap

What the record says

Legal if <=0.3% delta-9 THC dry weight per K.S.A. 21-5701(k)(5)/2-3901(b)(7); no state-level minimum age currently in force (SB292's age-21 provision died in committee). Kansas's baseline hemp/marijuana carve-out uses the standard federal delta-9-only <=0.3% dry-weight test, so compliant hemp material generally is not 'marijuana' under the criminal code. However, K.S.A. 2-3908 independently and categorically bans an entire class of inhalable/smokable product forms (vape liquids, cigarettes, cigars, chew, tea) outright regardless of THC compliance, and separately restricts raw bud/ground floral/leaf material and >0.3% extract to the licensed/registered production-and-processing chain. No state minimum age currently applies to hemp cannabinoid sales generally.

Controlling language, verbatim

It shall be unlawful for any of the following hemp products to be manufactured, marketed, sold or distributed by any person in the state of Kansas: ... liquids, solids or gases containing industrial hemp for use in vaporizing devices.

Source of excerpt

Citations

  1. K.S.A. 21-5701(k) - Kansas Criminal Code, Marijuana definition (Office of Revisor of Statutes, State of Kansas, 2026-07-18) PRIMARYOFFICIAL
  2. K.S.A. 2-3901 - Commercial Industrial Hemp Act, Definitions (Office of Revisor of Statutes, State of Kansas, 2026-07-18) PRIMARYOFFICIAL
  3. K.S.A. 2-3908 - Unlawful hemp products; penalties; exceptions (Office of Revisor of Statutes, State of Kansas, 2026-07-18) PRIMARYOFFICIAL
  4. K.S.A. 2-3908 PRIMARYOFFICIAL
  5. K.S.A. 2-3907 - Hemp processor registration (Office of Revisor of Statutes, State of Kansas, 2026-07-18)OFFICIAL
  6. Kansas Department of Agriculture - Industrial Hemp program page (Kansas Department of Agriculture, 2026-07-18)OFFICIAL
  7. SB 292 (2025-26 session) - died, age-21/labeling amendments not enacted (Kansas Legislature, 2026-07-18)OFFICIAL

Flower / raw plant

Illegal

As of October 19, 2026, Delta-9 THC (hemp-derived) is illegal to sell at retail in Kansas as flower / raw plant. Hemp Delta-9 flower - illegal. Effective 2019-04-18. Controlling source: K.S.A. 21-5701(k) - Kansas Criminal Code, Marijuana definition.

Verified October 19, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
state named ban
Limit
(total ban)
Effective
2019-04-18
Effectively prohibitive
K.S.A. 2-3908(b)(A) restricts 'industrial hemp buds' to sale only to persons registered as a hemp processor or licensed under a KDA/USDA commercial hemp plan; ordinary retail is not so licensed, making unlicensed retail sale of smokable flower effectively prohibited.

Controlling language, verbatim

It shall be unlawful for any of the following hemp products to be manufactured, marketed, sold or distributed by any person in the state of Kansas: ... liquids, solids or gases containing industrial hemp for use in vaporizing devices.

Source of excerpt

Citations

  1. K.S.A. 21-5701(k) - Kansas Criminal Code, Marijuana definition (Office of Revisor of Statutes, State of Kansas, 2026-07-18) PRIMARYOFFICIAL
  2. K.S.A. 2-3901 - Commercial Industrial Hemp Act, Definitions (Office of Revisor of Statutes, State of Kansas, 2026-07-18) PRIMARYOFFICIAL
  3. K.S.A. 2-3908 - Unlawful hemp products; penalties; exceptions (Office of Revisor of Statutes, State of Kansas, 2026-07-18) PRIMARYOFFICIAL
  4. K.S.A. 2-3908 PRIMARYOFFICIAL
  5. Senate Substitute for HOUSE BILL No. 2167 (2019), New Sec. 5(b) — enrolled (Kansas Legislature) PRIMARYOFFICIAL
  6. K.S.A. 2-3907 - Hemp processor registration (Office of Revisor of Statutes, State of Kansas, 2026-07-18)OFFICIAL
  7. Kansas Department of Agriculture - Industrial Hemp program page (Kansas Department of Agriculture, 2026-07-18)OFFICIAL
  8. SB 292 (2025-26 session) - died, age-21/labeling amendments not enacted (Kansas Legislature, 2026-07-18)OFFICIAL

Change history

  • Effective date changed from none to 2019-04-18.

Other

Restricted

As of October 19, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Kansas as other. Hemp Delta-9 other - restricted. Controlling source: K.S.A. 21-5701(k) - Kansas Criminal Code, Marijuana definition.

Verified October 19, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
concentration cap

What the record says

Case-by-case: legal by default at <=0.3% delta-9 THC dry weight unless it falls within a K.S.A. 2-3908(a) categorically banned type (cigarette/cigar/chew/tea/vape liquid) or a 2-3908(b) licensed-only raw-material category. Kansas's baseline hemp/marijuana carve-out uses the standard federal delta-9-only <=0.3% dry-weight test, so compliant hemp material generally is not 'marijuana' under the criminal code. However, K.S.A. 2-3908 independently and categorically bans an entire class of inhalable/smokable product forms (vape liquids, cigarettes, cigars, chew, tea) outright regardless of THC compliance, and separately restricts raw bud/ground floral/leaf material and >0.3% extract to the licensed/registered production-and-processing chain. No state minimum age currently applies to hemp cannabinoid sales generally.

Controlling language, verbatim

It shall be unlawful for any of the following hemp products to be manufactured, marketed, sold or distributed by any person in the state of Kansas: ... liquids, solids or gases containing industrial hemp for use in vaporizing devices.

Source of excerpt

Citations

  1. K.S.A. 21-5701(k) - Kansas Criminal Code, Marijuana definition (Office of Revisor of Statutes, State of Kansas, 2026-07-18) PRIMARYOFFICIAL
  2. K.S.A. 2-3901 - Commercial Industrial Hemp Act, Definitions (Office of Revisor of Statutes, State of Kansas, 2026-07-18) PRIMARYOFFICIAL
  3. K.S.A. 2-3908 - Unlawful hemp products; penalties; exceptions (Office of Revisor of Statutes, State of Kansas, 2026-07-18) PRIMARYOFFICIAL
  4. K.S.A. 2-3908 PRIMARYOFFICIAL
  5. K.S.A. 2-3907 - Hemp processor registration (Office of Revisor of Statutes, State of Kansas, 2026-07-18)OFFICIAL
  6. Kansas Department of Agriculture - Industrial Hemp program page (Kansas Department of Agriculture, 2026-07-18)OFFICIAL
  7. SB 292 (2025-26 session) - died, age-21/labeling amendments not enacted (Kansas Legislature, 2026-07-18)OFFICIAL

Powder / bulk

Restricted

As of October 12, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Kansas as powder / bulk. Hemp Delta-9 powder - restricted. Controlling source: K.S.A. 21-5701(k) - Kansas Criminal Code, Marijuana definition.

Verified October 12, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
concentration cap

What the record says

Legal if <=0.3% delta-9 THC dry weight and not derived from ground floral/leaf material; K.S.A. 2-3908(b)(B)-(C) restricts 'ground industrial hemp floral material' and 'ground industrial hemp leaf material' to licensed producers/registered processors only. Kansas's baseline hemp/marijuana carve-out uses the standard federal delta-9-only <=0.3% dry-weight test, so compliant hemp material generally is not 'marijuana' under the criminal code. However, K.S.A. 2-3908 independently and categorically bans an entire class of inhalable/smokable product forms (vape liquids, cigarettes, cigars, chew, tea) outright regardless of THC compliance, and separately restricts raw bud/ground floral/leaf material and >0.3% extract to the licensed/registered production-and-processing chain. No state minimum age currently applies to hemp cannabinoid sales generally.

Controlling language, verbatim

It shall be unlawful for any of the following hemp products to be manufactured, marketed, sold or distributed by any person in the state of Kansas: ... liquids, solids or gases containing industrial hemp for use in vaporizing devices.

Source of excerpt

Citations

  1. K.S.A. 21-5701(k) - Kansas Criminal Code, Marijuana definition (Office of Revisor of Statutes, State of Kansas, 2026-07-18) PRIMARYOFFICIAL
  2. K.S.A. 2-3901 - Commercial Industrial Hemp Act, Definitions (Office of Revisor of Statutes, State of Kansas, 2026-07-18) PRIMARYOFFICIAL
  3. K.S.A. 2-3908 - Unlawful hemp products; penalties; exceptions (Office of Revisor of Statutes, State of Kansas, 2026-07-18) PRIMARYOFFICIAL
  4. K.S.A. 2-3908 PRIMARYOFFICIAL
  5. K.S.A. 2-3907 - Hemp processor registration (Office of Revisor of Statutes, State of Kansas, 2026-07-18)OFFICIAL
  6. Kansas Department of Agriculture - Industrial Hemp program page (Kansas Department of Agriculture, 2026-07-18)OFFICIAL
  7. SB 292 (2025-26 session) - died, age-21/labeling amendments not enacted (Kansas Legislature, 2026-07-18)OFFICIAL

Raw material / RUO

Illegal

As of October 19, 2026, Delta-9 THC (hemp-derived) is illegal to sell at retail in Kansas as raw material / ruo. Hemp Delta-9 raw material - illegal. Effective 2019-04-18. Controlling source: K.S.A. 21-5701(k) - Kansas Criminal Code, Marijuana definition.

Verified October 19, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
state named ban
Limit
(total ban)
Effective
2019-04-18
Effectively prohibitive
K.S.A. 2-3908(b) restricts industrial hemp buds, ground floral/leaf material, and >0.3% delta-9 THC extract pending further processing to licensed hemp producers or State Fire Marshal-registered processors; unlicensed retail possession/sale is unlawful (class A misdemeanor, escalating to a severity level 9 felony on repeat conviction).

Controlling language, verbatim

It shall be unlawful for any of the following hemp products to be manufactured, marketed, sold or distributed by any person in the state of Kansas: ... liquids, solids or gases containing industrial hemp for use in vaporizing devices.

Source of excerpt

Citations

  1. K.S.A. 21-5701(k) - Kansas Criminal Code, Marijuana definition (Office of Revisor of Statutes, State of Kansas, 2026-07-18) PRIMARYOFFICIAL
  2. K.S.A. 2-3901 - Commercial Industrial Hemp Act, Definitions (Office of Revisor of Statutes, State of Kansas, 2026-07-18) PRIMARYOFFICIAL
  3. K.S.A. 2-3908 - Unlawful hemp products; penalties; exceptions (Office of Revisor of Statutes, State of Kansas, 2026-07-18) PRIMARYOFFICIAL
  4. K.S.A. 2-3908 PRIMARYOFFICIAL
  5. Senate Substitute for HOUSE BILL No. 2167 (2019), New Sec. 5(b) — enrolled (Kansas Legislature) PRIMARYOFFICIAL
  6. K.S.A. 2-3907 - Hemp processor registration (Office of Revisor of Statutes, State of Kansas, 2026-07-18)OFFICIAL
  7. Kansas Department of Agriculture - Industrial Hemp program page (Kansas Department of Agriculture, 2026-07-18)OFFICIAL
  8. SB 292 (2025-26 session) - died, age-21/labeling amendments not enacted (Kansas Legislature, 2026-07-18)OFFICIAL

Change history

  • Effective date changed from none to 2019-04-18.

Tincture / sublingual

Restricted

As of October 19, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Kansas as tincture / sublingual. Hemp Delta-9 tincture - restricted. Controlling source: K.S.A. 21-5701(k) - Kansas Criminal Code, Marijuana definition.

Verified October 19, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
concentration cap

What the record says

Legal if <=0.3% delta-9 THC dry weight; oral liquid form not listed among the K.S.A. 2-3908(a) banned categories. Kansas's baseline hemp/marijuana carve-out uses the standard federal delta-9-only <=0.3% dry-weight test, so compliant hemp material generally is not 'marijuana' under the criminal code. However, K.S.A. 2-3908 independently and categorically bans an entire class of inhalable/smokable product forms (vape liquids, cigarettes, cigars, chew, tea) outright regardless of THC compliance, and separately restricts raw bud/ground floral/leaf material and >0.3% extract to the licensed/registered production-and-processing chain. No state minimum age currently applies to hemp cannabinoid sales generally.

Controlling language, verbatim

It shall be unlawful for any of the following hemp products to be manufactured, marketed, sold or distributed by any person in the state of Kansas: ... liquids, solids or gases containing industrial hemp for use in vaporizing devices.

Source of excerpt

Citations

  1. K.S.A. 21-5701(k) - Kansas Criminal Code, Marijuana definition (Office of Revisor of Statutes, State of Kansas, 2026-07-18) PRIMARYOFFICIAL
  2. K.S.A. 2-3901 - Commercial Industrial Hemp Act, Definitions (Office of Revisor of Statutes, State of Kansas, 2026-07-18) PRIMARYOFFICIAL
  3. K.S.A. 2-3908 - Unlawful hemp products; penalties; exceptions (Office of Revisor of Statutes, State of Kansas, 2026-07-18) PRIMARYOFFICIAL
  4. K.S.A. 2-3908 PRIMARYOFFICIAL
  5. K.S.A. 2-3907 - Hemp processor registration (Office of Revisor of Statutes, State of Kansas, 2026-07-18)OFFICIAL
  6. Kansas Department of Agriculture - Industrial Hemp program page (Kansas Department of Agriculture, 2026-07-18)OFFICIAL
  7. SB 292 (2025-26 session) - died, age-21/labeling amendments not enacted (Kansas Legislature, 2026-07-18)OFFICIAL

Topical

Restricted

As of October 19, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Kansas as topical. Hemp Delta-9 topical - restricted. Controlling source: K.S.A. 21-5701(k) - Kansas Criminal Code, Marijuana definition.

Verified October 19, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
concentration cap

What the record says

Legal; not an inhalable/ingestible form targeted by K.S.A. 2-3908. Kansas's baseline hemp/marijuana carve-out uses the standard federal delta-9-only <=0.3% dry-weight test, so compliant hemp material generally is not 'marijuana' under the criminal code. However, K.S.A. 2-3908 independently and categorically bans an entire class of inhalable/smokable product forms (vape liquids, cigarettes, cigars, chew, tea) outright regardless of THC compliance, and separately restricts raw bud/ground floral/leaf material and >0.3% extract to the licensed/registered production-and-processing chain. No state minimum age currently applies to hemp cannabinoid sales generally.

Controlling language, verbatim

It shall be unlawful for any of the following hemp products to be manufactured, marketed, sold or distributed by any person in the state of Kansas: ... liquids, solids or gases containing industrial hemp for use in vaporizing devices.

Source of excerpt

Citations

  1. K.S.A. 21-5701(k) - Kansas Criminal Code, Marijuana definition (Office of Revisor of Statutes, State of Kansas, 2026-07-18) PRIMARYOFFICIAL
  2. K.S.A. 2-3901 - Commercial Industrial Hemp Act, Definitions (Office of Revisor of Statutes, State of Kansas, 2026-07-18) PRIMARYOFFICIAL
  3. K.S.A. 2-3908 - Unlawful hemp products; penalties; exceptions (Office of Revisor of Statutes, State of Kansas, 2026-07-18) PRIMARYOFFICIAL
  4. K.S.A. 2-3908 PRIMARYOFFICIAL
  5. K.S.A. 2-3907 - Hemp processor registration (Office of Revisor of Statutes, State of Kansas, 2026-07-18)OFFICIAL
  6. Kansas Department of Agriculture - Industrial Hemp program page (Kansas Department of Agriculture, 2026-07-18)OFFICIAL
  7. SB 292 (2025-26 session) - died, age-21/labeling amendments not enacted (Kansas Legislature, 2026-07-18)OFFICIAL

Status by product form in Kansas

FormStatusHeadlineVerified
Vape / inhalable IllegalHemp Delta-9 vape - illegal2026-10-19
Capsule / tablet RestrictedHemp Delta-9 capsule - restricted2026-10-19
Beverage RestrictedHemp Delta-9 drink - restricted2026-10-19
Edible / ingestible RestrictedHemp Delta-9 edible - restricted2026-10-19
Flower / raw plant IllegalHemp Delta-9 flower - illegal2026-10-19
Other RestrictedHemp Delta-9 other - restricted2026-10-19
Powder / bulk RestrictedHemp Delta-9 powder - restricted2026-10-12
Raw material / RUO IllegalHemp Delta-9 raw material - illegal2026-10-19
Tincture / sublingual RestrictedHemp Delta-9 tincture - restricted2026-10-19
Topical RestrictedHemp Delta-9 topical - restricted2026-10-19

Where Delta-9 THC (hemp-derived) stands across the country

LegalRestrictedGray areaIllegalNot yet verified

Among Kansas's 4 neighbors, Colorado and Oklahoma are restricted; Nebraska is gray area; Missouri is legal.

Map and neighbor comparison show vape / inhalable. Open the interactive map · Every compound in Kansas

Federal posture

Federally restricted. Hemp delta-9 THC vape - federally unscheduled inside the hemp definition; 0.4 mg per container cap lands Nov 12 2026 Federal detail

Pending deadlines

  • 2026-11-12 · Federal · Federal hemp redefinition, Nov 12 piece: products with cannabinoids not naturally produced by the plant leave hemp (H.R. 5371 (Pub. L. 119-37, Sec. 781))
  • 2026-12-11 · Federal · Federal hemp redefinition, Dec 11 piece: total THC 0.3% and 0.4 mg total THC per container (H.R. 6500 (Pub. L. 119-103) / Pub. L. 119-37 Sec. 781)
    Pub. L. 119-103 (continuing resolution, Sept 2, 2026) delayed the rest of the Pub. L. 119-37 sec. 781 hemp definition to Dec 11, 2026 (CRS IF13136, Sept 28, 2026): hemp is measured by total tetrahydrocannabinols including THCA (0.3% dry weight), and any final product over 0.4 mg combined total THC and cannabinoids with similar effects per container leaves hemp. A product that leaves hemp is marijuana, Schedule I, in every state.

Verbatim law on file for Kansas

3 instruments on file for this compound's framework in Kansas; 73 of 73 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.

K.S.A. 2-3901 · Commercial industrial hemp act; citation; definitions.OFFICIAL
Instrument
Commercial industrial hemp act; citation; definitions.
Source
https://ksrevisor.gov/statutes/chapters/ch02/002_039_0001.html
Retrieved
2026-07-02
Fingerprint
b669c9e8258a402e
2-3901. Commercial industrial hemp act; citation; definitions. (a) K.S.A. 2-3901 et seq., and amendments thereto, shall be known and may be cited as the commercial industrial hemp act.

(b) As used in the commercial industrial hemp act:

(1) "Commercial" means the cultivation or production of industrial hemp for any purpose authorized under K.S.A 2-3906, and amendments thereto.

(2) "Delta-9 tetrahydrocannabinol concentration" means the combined percentage of delta-9 tetrahydrocannabinol and its optical isomers, their salts and acids, and salts of their acids, reported as free THC:

(A) On a dry weight basis, of any part of the plant cannabis sativa L.; or

(B) on a percentage by weight basis in hemp products, waste or substances resulting from the production or processing of industrial hemp.

(3) "Effective disposal" includes, but is not limited to:

(A) Destruction; or

(B) any other method of disposing of industrial hemp or hemp products found to be in violation of this act that is permitted under the provisions of 7 U.S.C. Sec. 1621 et seq. and any rules and regulations adopted thereunder.

(4) "Hemp products" means all products made from industrial hemp, including, but not limited to, cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seed, seed meal and seed oil for consumption and any extract from industrial hemp intended for further processing. Final "hemp products" may contain a tetrahydrocannabinol concentration of not more than 0.3%. As used in this paragraph, "tetrahydrocannabinol concentration" means the same as in K.S.A. 65-6235(b)(3), and amendments thereto.

(5) "Hemp producer" means any individual, licensed or otherwise, engaging in the cultivation or production of industrial hemp for commercial purposes pursuant to K.S.A. 2-3906, and amendments thereto.

(6) "Hemp processor" means a person registered under K.S.A. 2-3907, and amendments thereto, to process and manufacture industrial hemp and hemp products.

(7) "Industrial hemp" means all parts and varieties of the plant cannabis sativa L., whether growing or not, that contain a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis.

(8) "Person" means an individual, corporation, partnership, association, joint stock company, trust, unincorporated organization or any similar entity or any combination of the foregoing acting in concert.

(9) "State educational institution" means the university of Kansas, Kansas state university, Wichita state university, Emporia state university, Pittsburg state university, Fort Hays state university, or any other accredited college, university, technical college or community college within Kansas.

(10) "Authorized seed or clone plants" means a source of industrial hemp seeds or clone plants that:

(A) Has been certified by a certifying agency, as defined by K.S.A. 2-1415, and amendments thereto;

(B) has been produced from plants that were tested during the active growing season and were found to produce industrial hemp having a tetrahydrocannabinol concentration that does not exceed 0.3% on a dry weight basis and has been certified in writing by the grower or distributor of such seeds or clone plants to possess such qualities; or

(C) meets any other authorized standards approved by the Kansas department of agriculture through rules and regulations, except that no seed or clone plants shall be considered authorized seed or clone plants if they do not meet any standard adopted by the United States department of agriculture pursuant to 7 U.S.C. Sec. 1621 et seq., and amendments thereto.

(11) "Hemp employee" means a person who has applied for employment or is currently employed with the Kansas department of agriculture who oversees or regulates industrial hemp.

(12) "Applicant" means a person who has submitted an application for licensure as a hemp producer or registration as a hemp processor.

(13) "Hemp destruction employee" means an employee or agent of the Kansas department of agriculture who participates in the effective disposal of industrial hemp.

History: L. 2018, ch. 62, Sec. 1; L. 2019, ch. 37, Sec. 7; L. 2021, ch. 76, Sec. 3; L. 2022, ch. 69, Sec. 23; L. 2024, ch. 15, Sec. 4; July 1.
K.S.A. 2-3908 · Unlawful hemp products; penalties; exceptionsOFFICIAL
Instrument
Unlawful hemp products; penalties; exceptions
Source
https://www.kslegislature.gov/li/b2025_26/statute/002_000_0000_chapter/002_039_0000_article/002_039_0008_section/002_039_0008_k/
Retrieved
2026-10-07
Fingerprint
884cfa1582cb6320
2-3908. Unlawful hemp products; penalties; exceptions. (a) (1) It shall be unlawful for any of the following hemp products to be manufactured, marketed, sold or distributed by any person in the state of Kansas: (A) Cigarettes containing industrial hemp; (B) cigars containing industrial hemp; (C) chew, dip or other smokeless material containing industrial hemp; (D) teas containing industrial hemp; (E) liquids, solids or gases containing industrial hemp for use in vaporizing devices; and (F) any other hemp product intended for human or animal consumption containing any ingredient derived from industrial hemp that is prohibited pursuant to the Kansas food, drug and cosmetic act, K.S.A. 65-636 et seq., and amendments thereto, and the commercial feeding stuffs act, K.S.A. 2-1001 et seq., and amendments thereto. This subparagraph shall not otherwise prohibit the use of any such ingredient, including cannabidiol oil, in such hemp products. (2) As used in this subsection: (A) "Human or animal consumption" means: (i) Ingested orally; or (ii) applied by any means such that an ingredient derived from industrial hemp enters the human or animal body. (B) "Intended for human or animal consumption" means: (i) Designed by the manufacturer for human or animal consumption; (ii) marketed for human or animal consumption; or (iii) distributed with the intent that it be used for human or animal consumption. (b) (1) It shall be unlawful for any of the following hemp products to be marketed, sold or distributed to any person in Kansas who is not registered as a hemp processor pursuant to K.S.A. 2-3907, and amendments thereto, or who does not possess a license by the Kansas department of agriculture under any commercial plan established pursuant to K.S.A. 2-3906, and amendments thereto, or the research program established pursuant to K.S.A. 2-3902, and amendments thereto: (A) Industrial hemp buds; (B) ground industrial hemp floral material; (C) ground industrial hemp leaf material; or (D) any extract from industrial hemp with a delta-9 tetrahydrocannabinol concentration greater than 0.3% that will be further processed. (2) No license or registration shall be required for the transport of hemp products described in paragraph (1) if such products are transported between hemp producers and hemp processors or between more than one hemp processor. Any such transportation of hemp products shall be subject to rules and regulations promulgated by the state fire marshal pursuant to this act. (c) (1) Upon a first conviction for a violation of this section, a person shall be guilty of a class A nonperson misdemeanor. (2) On a second or subsequent conviction for a violation of this section, a person shall be guilty of a severity level 9, nonperson felony. (d) Nothing in this section shall prohibit: (1) The use of any hemp product for research purposes by a state educational institution or affiliated entity; or (2) the production, use or sale of any hemp product that is otherwise not prohibited by state or federal law. (e) This section shall be a part of and supplemental to the commercial industrial hemp act, K.S.A. 2-3901 et seq., and amendments thereto. History: L. 2019, ch. 37, § 5; L. 2021, ch. 76, § 6; April 29.
K.S.A. 2-3908(a)(1)(A)-(E), (c) · K.S.A. 2-3908(a)(1)(A)-(E), (c)OFFICIAL
Instrument
K.S.A. 2-3908(a)(1)(A)-(E), (c)
Source
https://ksrevisor.gov/statutes/chapters/ch02/002_039_0008.html
Retrieved
2026-10-07
Fingerprint
374566c333941c44
2-3908. (a)(1) "It shall be unlawful for any of the following hemp products to be manufactured, marketed, sold or distributed" [by any person in the state of Kansas]: (A) "Cigarettes containing industrial hemp;" (B) "cigars containing industrial hemp;" (C) "chew, dip or other smokeless material containing industrial hemp;" (D) [teas containing industrial hemp]; (E) "liquids, solids or gases containing industrial hemp for use in vaporizing devices"; (F) [other hemp products intended for human or animal consumption containing an ingredient derived from industrial hemp that is prohibited under the Kansas food, drug and cosmetic act or commercial feeding stuffs act; does not bar cannabidiol oil]. (a)(2) [defines human or animal consumption]. ... (c) [Upon a first conviction] "a person shall be guilty of a class A nonperson misdemeanor." [Upon a second or subsequent conviction] "a person shall be guilty of a severity level 9, nonperson felony." History: "L. 2019, ch. 37, § 5; L. 2021, ch. 76, § 6; April 29." [Bracketed spans summarized.]

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Cite this page

Compound Analytics. "Is Delta-9 THC (hemp-derived) Legal in Kansas? (2026)." Compound Laws, https://compoundlaws.com/compounds/d9/kansas/. Accessed October 25, 2026.

Compound Laws, published by Compound Analytics, reports the record: statutes verbatim, official citations, enforcement facts and verification dates. Nothing here is legal advice and nothing here describes how to get around a law. A jurisdiction with no verified row is reported as not yet verified, never as legal. Found an error? Corrections policy.

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