The Douglas County District Attorney’s Office has taken the position not to aggressively prosecute end users for possession of small quantities of THC products. This is a matter of prosecutorial discretion based upon effective allocation of resources and prevailing community interests.

This office has never ceased to pursue illegal distribution of controlled substances. These operations pose significant and substantial community health and safety risks and frequently result in ancillary criminal conduct.

Presently, there appears to be a great deal of confusion and misinformation regarding the legal status of Delta-8 THC. In 2021, a number of law enforcement agencies across Kansas sought clarification from the Attorney General on this issue. On December 2, 2021, the Attorney General issued Opinion No. 2021-4.

Opinion No. 2021-4 asserts that Delta-8 THC is a Schedule I controlled substance and is therefore illegal to possess or sell in Kansas. The only exception occurs when the substance is (1) made from industrial hemp, and (2) if it is industrial hemp, it must contain no more than .3 percent total tetrahydrocannabinols.

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. We will begin serving the attached notice as businesses possibly engaged in the distribution and sale of Delta-8 are identified.

Should the Kansas Legislature choose to revisit the legal status of Delta-8, then this office is certainly willing to reassess its position on this issue.