Kansas Lawmakers Discuss Legality Of Intoxicating Hemp THC Products

“If it’s intoxicating, it’s damaging.”

By Anna Kaminski, Kansas Reflector

While Kansas remains one of the last states in the nation without legalized medical or recreational marijuana, THC-infused drinks have evaded scrutiny from officials.

The question of the legality of the drinks came up Thursday at a meeting of a joint legislative committee on security.

Robert Stuart, executive officer for the Kansas Bureau of Investigation, explained to lawmakers that while marijuana is illegal in Kansas, THC-infused beverages are considered hemp products and allowed under the 2018 federal Farm Bill, which legalized cannabis plants containing no more than 0.3 percent of a plant’s weight in tetrahydrocannabinol, or THC. Products created using hemp are commonly advertised as Delta 9 items, and they can have a weaker effect than marijuana because of their lower THC content.

Rep. Pat Proctor, a Republican from Leavenworth, asked Stuart: “Should we be outlawing it?”

Yes, Stuart said, and he wagered the KBI’s position would be the same.

“If it’s intoxicating, it’s damaging,” he said.

THC drinks are restricted to adults over the age of 21, same as alcoholic beverages.

“You hear all sorts of social arguments and all sorts of different ways of thinking about it,” Stuart said, “but it would be much clearer for any of those distributors, any of those dealers, for any member of the public, to say, OK, this is what’s clearly illegal and clearly what’s not.”

Blurred lines make it difficult for retailers to comply with state laws, for consumers to know the products they purchase are safe and for law enforcement to conduct criminal investigations, Stuart said.

Kansas City, Missouri-based brewer Boulevard Brewing Company announced this month a THC-infused version of its signature Quirk seltzer, which will be called “Berry Jane.” It will be available in two dosages. One containing 5 mg THC and another containing 10 mg, differentiated by a darker can. They are expected to be sold in Kansas and Missouri next month.

The KBI celebrated a major crackdown on THC products earlier this month, raiding 10 storefronts in six cities across the state. KBI director Tony Mattivi said the products were harming Kansas children.

The Kansas House passed a bill legalizing medical marijuana in 2021, and a special committee crafted recommendations for the Legislature last year, but Republicans have blocked the legislation from progressing. It could come up during the next session, ahead of the 2026 gubernatorial election.

This story was first published by Kansas Reflector.