After hemp oil seized from Johnson County business, debate on pr - KCTV5

After hemp oil seized from Johnson County business, debate on product's legality continues in Kansas

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The Johnson County district attorney and attorneys for a local CBD hemp oil company disagree on whether their product is illegal to sell in Kansas. (KCTV5) The Johnson County district attorney and attorneys for a local CBD hemp oil company disagree on whether their product is illegal to sell in Kansas. (KCTV5)
MISSION, KS (KCTV) -

The Johnson County district attorney and attorneys for a local CBD hemp oil company disagree on whether their product is illegal to sell in Kansas. 

The DA is warning business owners around the state that charges could be filed for selling any product that contains even a trace of THC.

Federal and state laws are very complex on this issue. The company’s owner and his attorneys are interpreting the laws one way, while the district attorney and law enforcement view them very differently. 

Into the Mystic’s owner Eddie Smith got a visit from a detective last Friday who told him investigators tested the CBD American Shaman products he sold and found they had THC.

"He just said in Kansas any THC is zero," Smith said. "No tolerance whatsoever. so he had to take it. After that is when I got a hold of a lawyer

A lawyer for the owner of CBD American Shaman said he thought the officer inaccurately interpreted the law. 

"CBD is completely legal and excluded from the marijuana law as defined by the fed and by the state of Kansas," attorney Sean Pickett said. 

Johnson County District Attorney Steve Howe disagrees. 

"There are some states in this country he is correct," Howe said. "In this state he is wrong." 

Howe says state statutes can be more restrictive than federal laws. In Kansas, he says any amount of THC is illegal no matter where it came from.

“We hope to clarify this,” Howe said. "We don't want to be arresting a bunch of people who thought they were operating a business and selling a totally legitimate product."

CBD American Shaman’s owner Vince Sanders plans to replace all of his products on Kansas shelves with CBD oils that are THC free.  

"Until this is decided one way or the other, just so our merchants in kansas can rest assured, we are going to put out zero THC oil starting tomorrow in fact," Sanders said. 

The district attorney’s office is reviewing the case that involves the confiscated products from Into the Mystic. 

KCTV5 talked to the owner tonight and he said he will sell the CBD products that do not contain THC. 

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