On June 14, the Douglas County District Attorney’s Office in Kansas released two statements addressing the legality of delta-8 THC in the state.

Both letters are from District Attorney Suzanne Valdez. The first letter addresses Valdez’s opinion on delta-8, while the second letter is designed to be sent as a warning to businesses selling such products.

In Valdez’s first letter, she states that the office will not prosecute businesses for possessing small quantities of THC products; however, she adds that there still “appears to be a great deal of confusion and misinformation regarding the legal status of delta-8.”

Valdez cites in the first letter an opinion released Dec. 2, 2021, by Kansas Attorney General Derek Schmidt, which declared that “delta-8 THC is illegal to possess or sell in Kansas under specific circumstances,” Cannabis Business Times previously reported.

RELATED: Confusion in Kansas: State Attorney General Says Delta-8 THC is a Controlled Substance

Schmidt’s opinion reads: “Delta-8 tetrahydrocannabinol (Delta-8 THC) comes within the definition of a Schedule I controlled substance and is unlawful to possess or sell in Kansas unless it is made from industrial hemp and is contained in a lawful hemp product having no more than 0.3% total tetrahydrocannabinols (THC). Unlawful hemp products include cigarettes, cigars, teas, and substances for use in vaping devices. Delta-8 THC derived from any source other than industrial hemp is a Schedule I controlled substance and unlawful to possess or sell in Kansas. Other federal and state laws and regulations place additional limits on the legality of products containing THC and other cannabinoids.”

“Given that possession and sale of delta-8 is illegal in Kansas and taking into account the prevailing public health, safety, and welfare interests, this office will prosecute distribution and sale of delta-8 in Douglas County,” Valdez stated in the first letter, adding that the office will begin sending out a notice (the second letter) to businesses engaging in the sale of delta-8.

Valdez’s notice letter to businesses reads: “This letter is to inform you my office has learned that your business may be marketing and/or selling unlawful Delta-8 THC products as set forth above and specifically covered in the Attorney General’s opinion. The sale or distribution [of] Delta-8 products is an illegal distribution of a controlled substance. Thus, should a local or state-wide law enforcement agency choose to enforce violations of the Act, this office will review all investigation materials submitted to us and will prosecute violations under the Act accordingly.”

The notice also asks companies selling such products to cease selling them to consumers and voluntarily remove them from store shelves. 

“Should the Kansas Legislature choose to revisit the legal status of delta-8, then this office will certainly reassess its position on this issue,” the notice reads.