WICHITA, Kan., Feb. 26, 2025 /PRNewswire/ — The world of cannabis and hemp products is constantly evolving, leaving many consumers wondering—what’s legal and what’s not? Rapidly growing in popularity, Delta-8 and Delta-9 THC are among the most debated cannabinoids today, producing psychoactive effects that differ in potency and legal status. However, the laws surrounding these compounds are complex and, at times, confusing. Our criminal defense lawyers in Wichita, Kansas, at the McConnell Law Firm, are breaking down the legalities of Delta-8 and Delta-9 products within the state so you can make informed decisions and avoid potential legal trouble. Keep reading to test your knowledge about Delta-8 and Delta-9 THC!
The Differences Between Delta-8 and Delta-9 THC
While some consumers unknowingly use the terms interchangeably, Delta-8 and Delta-9 THC are two distinct cannabinoids derived from the cannabis plant—their effects, potency, and legal status set them apart. The main factors to consider when discussing Delta-8 and Delta-9 THC products include the following:
Chemical Structure
Delta-8 and Delta-9 THC are nearly identical chemically, with only a slight variation in their molecular structure. This small yet notable difference impacts how they interact with the brain’s CB1 receptors.
Potency
Delta-9 THC is significantly more potent, often producing stronger psychoactive effects compared to Delta-8 THC, which is considered a milder alternative.
Effects
Delta-8 THC is known for its smoother, less intense effects, making it a popular choice for those seeking relaxation without the overwhelming high associated with Delta-9 THC.
Source
Both cannabinoids can be derived from hemp, but Delta-8 is often synthesized from CBD due to its low natural concentration in the plant.
Legality
Delta-9 THC is federally legal only when derived from hemp and contains no more than 0.3% THC by dry weight. Delta-8 THC, while federally legal under the same conditions, faces more state-specific restrictions.
Understanding Kansas Legalities
Did you know that Kansas has some of the strictest cannabis laws in the nation? This makes the legality of Delta-8 and Delta-9 THC particularly nuanced. By understanding the specific differences between cannabinoids, you can better protect yourself while navigating the legal landscape surrounding the sale of such products. So, let’s answer the looming question—are these products legal to purchase in Kansas? Here’s what we know!
Delta-9 THC: Under the 2018 “Farm Bill,” hemp-derived products with no more than 0.3% Delta-9 THC are federally legal. Kansas follows this rule, meaning products like edibles and tinctures that meet this legal threshold are permitted in the state.
Delta-8 THC: The legal status of Delta-8 THC in Kansas is less clear. In 2021, Kansas Attorney General Derek Schmidt clarified that Delta-8 THC is considered a controlled substance unless it’s made from industrial hemp and contains no more than 0.3% total THC. This has caused some retailers to pull Delta-8 products off their shelves to avoid legal trouble.
*Kansas law doesn’t differentiate between Delta-8 derived from hemp and Delta-8 from marijuana, leaving both consumers and businesses in a gray area.
“If the Delta-8 and Delta-9 products that you’re purchasing are under the specified legal percentage permitted (.3% THC), then you are legally allowed to purchase them in the state of Kansas,” said Jonathan W. McConnell, one of Wichita’s leading criminal defense lawyers. “However, because of confusion surrounding the legal percentages and lack of regulation within the state, it’s best to stay away from these kinds of products altogether. There’s a lot of misinformation being circulated and new products popping up all the time; you never really know what’s in the product, which could lead to an arrest or legal troubles later on.”
Have You Been Accused?
If you are facing criminal drug charges, we encourage you to contact the McConnell Law Firm as soon as possible. While every case is different, and no conclusions should be drawn without first consulting a criminal defense lawyer in Wichita about the specifics of your case, it is always in your best interest to have a skilled defense lawyer by your side from the beginning.
Request a Free Consultation
Do you or a loved one need the assistance of a drug crimes attorney in Wichita? We encourage you to contact the McConnell Law Firm at (316) 243-5903 for a free consultation.
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SOURCE McConnell Law Firm
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