Is CBD Legal in Kansas? State Hemp Rules in 2026
Kansas treats hemp with no more than 0.3% THC as legal, but bans hemp smokes, vapes and teas. See delta-8, age, and medical cannabis rules as of 2026.
Last checked: Based on official sourcesNot legal advice.
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In short
As of November 2, 2026, Kansas law excludes cannabidiol (CBD) and industrial hemp from its definition of marijuana. Hemp products can have a THC concentration of no more than 0.3 percent. The wording appears to count THC acids toward that number.[1, 2]
Kansas bans making, marketing or selling hemp cigarettes, cigars, chew, teas and vape products. Medical and adult-use marijuana are not legal, and possessing marijuana is a crime. The 2025–26 session bills to change that died.[3, 4, 5, 6]
At a glance
| Topic | Status |
|---|---|
| Is CBD legal? | Yes, within limits. Kansas law excludes CBD from the definition of marijuana. Hemp products must have a THC concentration of no more than 0.3 percent.[1, 2] |
| Hemp definition and THC limit | Kansas defines industrial hemp as Cannabis sativa L. with a delta-9 THC concentration of not more than 0.3 percent on a dry-weight basis. By statute, the concentration counts delta-9 THC plus its optical isomers, salts, acids and salts of acids, reported as free THC. This wording appears to include acids such as THCA. We did not find a Kansas agency statement that confirms how it is applied. Hemp products also have a 0.3 percent limit.[2] |
| CBD in food and drinks | The law says hemp products include food and seed oil for consumption. Kansas bans hemp teas, cigarettes, cigars, chew and vape products. Separately, subparagraph (F) of K.S.A. 2-3908 bans hemp products for human or animal consumption that contain an ingredient prohibited under the Kansas food, drug and cosmetic act. The same subparagraph says it does not otherwise prohibit using an ingredient, including cannabidiol oil, in such products. We did not find a Kansas rule that names CBD food or drinks.[2, 3] |
| Intoxicating hemp products (delta-8, THCA flower and similar) | Kansas Attorney General Opinion 2021-4 says delta-8 THC is a Schedule I controlled substance. It is lawful only when it comes from industrial hemp and is in a hemp product with no more than 0.3 percent total THC. An attorney general opinion is advice, not a court ruling. K.S.A. 2-3908(b) makes it unlawful to market, sell or distribute industrial hemp buds, ground floral material or ground leaf material to anyone who is not a registered hemp processor or a person licensed by the Kansas Department of Agriculture. We did not find a Kansas rule that names THCA flower. We found no Kansas milligram limit for hemp products.[3, 7] |
| Minimum age | We could not find a statewide minimum age for hemp products in Kansas law as of November 2, 2026. A 2025–26 session bill that would have set age 21 (SB 292) died.[8] |
| Who can sell it | Industrial hemp buds, ground flower, ground leaf, and extracts above 0.3 percent delta-9 THC that will be processed further may be sold only to registered hemp processors or licensed people. We did not find a retail license or an online-sales rule.[3] |
| Labels and lab testing | We could not find a Kansas rule for consumer hemp product labels or lab testing in the sources we could open. |
| Medical and adult-use marijuana | Neither is legal. Kansas has no medical or adult-use cannabis program, and possessing marijuana is a crime under K.S.A. 21-5706. Bills for medical (SB 294, HB 2752) and adult-use (HB 2405, HB 2679) programs died in the 2025–26 session. Kansas has a narrow law (K.S.A. 65-6235, often called Claire and Lola's law) about CBD oil with THC no more than 5 percent of the CBD amount, tested by an independent lab. It says possession or use of such oil cannot by itself be the reason to remove a child from a home. K.S.A. 21-5706(d) also gives an affirmative defense to a possession charge for a person with a debilitating medical condition (or a parent or guardian of a child with one) who has such oil and carries a dated letter from a Kansas physician.[4, 5, 6, 9, 10, 11] |
| November 12 and December 11, 2026 | In K.S.A. 2-3901 and 2-3908, the two sections we read, we found no clause that adopts the federal definition automatically. Kansas writes its own hemp definition into state law, so its text may not change on the federal dates. One clause (K.S.A. 2-3908(d)) says the hemp-products ban does not cover products 'not otherwise prohibited' by state or federal law. How federal changes would affect that clause is our reading, not a court or agency finding.[2, 3] |
How Kansas defines hemp and THC
Kansas law defines industrial hemp as the Cannabis sativa L. plant with a delta-9 THC concentration of not more than 0.3 percent on a dry-weight basis. Hemp products made from it also may not exceed 0.3 percent.[2]
Kansas measures this concentration as delta-9 THC together with its optical isomers, salts and acids, and salts of acids, reported as free THC. This wording appears to include acids such as THCA. We did not find a Kansas agency statement that confirms how it is applied.[2, 11]
The criminal code excludes CBD and industrial hemp from its definition of marijuana. For industrial hemp, the exclusion applies when it is grown, produced, possessed or used as the commercial industrial hemp act allows.[1]
As of November 2, 2026, we found no 2025–26 Kansas law that changed the hemp definition or the hemp product rules. The revision notes on K.S.A. 2-3901 and 2-3908 list their last changes in 2024 and 2021.[2, 3]
Hemp forms Kansas bans
It is unlawful in Kansas to manufacture, market, sell or distribute hemp cigarettes, cigars, chew or dip, teas, and liquids, solids or gases used in vaping devices.[3]
A first conviction is a class A nonperson misdemeanor. A later conviction is a severity level 9 nonperson felony.[3]
Hemp buds, ground flower and ground leaf may be sold only to registered hemp processors or to people with a license under a commercial plan or the research program.[3]
Delta-8 and other intoxicating products
In Opinion 2021-4, the Kansas Attorney General concluded that delta-8 THC is a Schedule I controlled substance. It is lawful only if it comes from industrial hemp and sits in a hemp product with no more than 0.3 percent total THC. The Kansas Legislative Research Department summarizes the opinion this way.[7]
Opinions from the attorney general are advice. They are not court rulings. We did not find a Kansas rule that names THCA flower. K.S.A. 2-3908(b) makes it unlawful to market, sell or distribute industrial hemp buds, ground floral material or ground leaf material to anyone who is not a registered hemp processor or a person licensed by the Kansas Department of Agriculture.[3]
Age limits and labels
We could not find a statewide minimum age for hemp products in Kansas law as of November 2, 2026. SB 292, which would have banned transfers to anyone under 21 and set labeling and packaging rules, died in the 2025-26 session.[8]
We also could not find a Kansas rule for consumer hemp product labels or lab testing.
Medical and adult-use cannabis
Kansas has no medical or adult-use cannabis program. Possessing marijuana is a crime under K.S.A. 21-5706. Bills for medical and adult-use programs died in the 2025–26 session.[4, 5, 6, 9, 10]
K.S.A. 65-6235 covers CBD oil with a THC level no more than 5 percent of the CBD level, verified by an independent, accredited lab. It says possessing or using that oil cannot by itself be the basis for removing a child from a home. It does not allow any other form of cannabis.[11]
K.S.A. 21-5706(d) gives an affirmative defense to a possession charge for a person with a debilitating medical condition (or a parent or guardian of a child with one) who has CBD treatment oil under K.S.A. 65-6235 and carries a dated letter from a Kansas physician.[4, 11]
Who regulates hemp and CBD
- Kansas Department of Agriculture: Runs the commercial industrial hemp program (registration and licensing)
- Kansas Attorney General: Issues legal opinions
- Kansas Bureau of Investigation: State law enforcement agency
Timeline
Claire and Lola's law takes effect
K.S.A. 65-6235 sets rules around CBD treatment oil and child protection actions.[11]
Sources
Show 11 references
- K.S.A. 21-5701, Definitions for controlled substances (Kansas Revisor of Statutes)
- K.S.A. 2-3901, Commercial industrial hemp act: definitions (Kansas Revisor of Statutes)
- K.S.A. 2-3908, Unlawful hemp products; penalties; exceptions (Kansas Revisor of Statutes)
- K.S.A. 21-5706, Unlawful possession of controlled substances (Kansas Revisor of Statutes)
- SB 294, Kansas medical cannabis act, 2025-26 session (Kansas Legislature) - status: Died
- HB 2405, Adult use cannabis regulation act, 2025-26 session (Kansas Legislature) - status: Died
- Kansas Legislative Research Department, Delta-8 THC (briefing book, Feb. 1, 2024), summarizing Attorney General Opinion 2021-4
- SB 292, 2025-26 session (Kansas Legislature) - status: Died
- HB 2752, medical cannabis identification and agency, 2025-26 session (Kansas Legislature) - status: Died
- HB 2679, Adult use cannabis regulation act, 2025-26 session (Kansas Legislature) - status: Died
- K.S.A. 65-6235, Cannabidiol treatment preparation (Kansas Revisor of Statutes)
Other states
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This page is a plain summary of official texts; it is meant to inform and is not a substitute for legal advice. Rules can change and differ from place to place: before you decide, we suggest checking the official text and, if needed, talking to a lawyer. If you spot a change or an error, let us know through our contact form.