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British Columbia

Derby police cracking down on Delta 8, but is it legal?

WICHITA, Kan. (KWCH) – Is owning Delta 8 in Kansas legal or illegal? The answer is it depends on where you live.

The Derby Police Department says if a product contains THC, it’s illegal in their city.

A post they shared on social media last week is getting a lot of people talking about THC and Delta 8.

The Derby Police Department shared a photo on Facebook saying officers found THC vapes during a traffic stop.

“If something contains THC under the law that Kansas currently has, THC is illegal,” said Associate Superintendent Brandon Russell.

He said THC is not allowed in Derby, according to city prosecutors.

“If they have something that says THC and they’re in the city of Derby and they end up dealing with the Derby Police Department, we will consider that illegal under state law. It would happen very similar to what happened here. The stuff would be submitted for testing. According to those test results, that’s what the actual law enforcement comes out with,” Deputy Chief Russell said.

12 News showed the post to Lucas Fitch, operations manager of CBD Plus in Northeast Wichita. He said his shop does not carry the brand shown in the picture.

“But I’m sure some other stores carry it because I’ve asked a number of customers for it,” Fitch said. “Like I said, as long as they can legally find it in a store and show them where they bought it, I really don’t think the cops have a case.”

Fitch said his store doesn’t hide the fact that his store doesn’t sell products made with hemp-derived THC.

“Still legal. As said, the only cannabinoid that is technically illegal is Delta 9 THC. But as far as Delta 8, THC-P, THC-A, all that kind of stuff, it’s still legal under the Federal Agricultural Products Act of 2018, so we’re taking advantage of that,” Fitch said.

Back in Derby, the deputy chief advises Kansans to be aware of enforcement, which can vary from city to city.

“Get legal opinions on what is and isn’t being done specifically where they live. They have to be clear about what the law is, and again, just because something isn’t enforced doesn’t mean it isn’t law,” Russell said.

Derby Police say the person in this particular incident has not been arrested but has been summoned and is due to appear in court. What charges that person faces depends on the lab results of the vape pen.

12 News reached out to the Wichita Police Department for how they are handling Delta 8. The Police Department issued the following statement:

“On December 2, 2021, Kansas Attorney General Derek Schmidt issued his official statement that possession or sale of delta-8-tetrahydrocannabinol (delta-8-THC) products is illegal in Kansas if they exceed 0 Contain .3% tetrahydrocannabinols (THC). . Also, Delta 8 products can only be made from industrial hemp and cannot come from potent cannabis plants. Laboratory analyzes have shown that several Delta 8 products purchased from Wichita companies have THC levels well above 0.3%. Many of these items were advertised as having THC levels below 0.3%, but lab analysis showed that wasn’t the case. The Wichita Police Department wants to educate and warn businesses that the sale of marijuana and Delta-8 products containing more than 0.3% THC is illegal in Kansas and criminal cases could be escalated to prosecution if the illegal sale is continued. The Wichita Police Department encourages business owners, managers and employees to contact the Wichita Police Department to turn in their inventory of illegal substances without fear of prosecution. However, if the illegal sale of marijuana and Delta-8 products with THC levels greater than 0.3% continues, cases could be escalated to law enforcement. Businesses can call the Wichita Police Department’s Special Investigations Bureau at 316-268-4171 with questions.”

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