Topeka Cannabis Store Raided On 4/20 sues State, Arguing Kansas Delta-8 Policies Violate Federal Law

The lawsuit was filed last Friday in district court

The owner of a cannabis dispensary raided by Shawnee County law enforcement in April is suing the state, arguing policies limiting the sale of certain cannabis products run afoul of federal law.

The lawsuit, filed on Friday in U.S. District Court, challenges an opinion issued by Attorney General Derek Schmidt late last year deeming that many products containing delta-8 can’t be sold in Kansas.

Delta-9 tetrahydrocannabinol, also known as THC, is the intoxicating compound usually found in cannabis products. As its name indicates, delta-8 is a highly similar form of THC and can also have psychoactive effects, though they are much more muted.

Delta-8 products are legal in Kansas, but Schmidt’s opinion says they must be derived from hemp, rather than the marijuana plant itself, and the combined THC levels can’t exceed 0.3%.

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