OLATHE, Kan. — The Johnson County District Attorney is putting certain businesses on notice.

The office is sending letters to businesses selling Delta 8 THC products. The letters notify business owners they have until March 20, 2022, to pull the products from their shelves. If they don’t, business owners could face drug charges.

The only exception is if the product is made from industrial hemp and doesn’t contain more than .3% THC.

The notice comes after a Dec. 2 opinion by Kansas Attorney General Derek Schmidt. He said it is unlawful to possess and sell Delta 8 THC in Kansas if it contains more than 0.3% THC and changed its classification to a controlled substance.

“While we are sympathetic to the plight of many who suffer from a variety of ailments and conditions and seek help in easing their pain, we have a duty to ensure that unlawful products are not being sold to consumers and that these substances go through proper vetting processes to insure they are safe to consumers. Delta-8 THC is a hallucinogenic drug and thus cannot be sold to the public,” Steve Howe, Johnson County District Attorney, said.

Howe also said he hopes the Kansas Legislature will provide clarity to the Delta 8 issue during the next legislative session.

Delta 8 is legal to sell, buy, and use in Missouri.

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