Is THCa Legal in Kansas? (2026)

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.

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.

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.]