Business owners who sell CBD oil frustrated after ruling from Ka - KCTV5 News

Business owners who sell CBD oil frustrated after ruling from Kansas attorney general

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The future is uncertain for many Kansas businesses that sell CBD oil after the state’s attorney general issued an opinion calling the sale or possession of CBD oil illegal.

On Jan. 24th, Kansas Attorney General Derek Schmidt issued an opinion that stated, “Under Kansas law it is unlawful to possess or sell products or substances containing any amount of cannabidiol," also known as CBD oil.


Business owners say they are worried about their customers who rely on the product to function.

Eddie Smith is the owner of Into the Mystic, a store in Mission, KS.

After investigators seized thousands of dollars’ worth of CBD oil from Into the Mystic last May for containing trace amounts of THC, Smith replaced the products with CBD oil that did not contain any THC.

That made the ruling particularly frustrating, he said.

"Okay, you say zero THC," he said. "We complied. Now this? Where does it stop?"

Organic Hemp Botanicals owner Eric Banks has stopped selling the oil at his Olathe and Leawood locations, but plans to continue selling at his Belton location off Cedar Tree Square.

"When you see a two-year-old child having 30-40 seizures a day and their medications aren't working.” Banks said. “And then they use a CBD oil derived from hemp stop seizures. You can't put words to that." 

Schmidt filed the opinion after district attorneys in Johnson County and Shawnee County asked him to issue a legal opinion on whether CBD oil that does not contain THC was legal in Kansas. In his opinion, Schmidt said it was not legal to possess or sell CBD oil - even if it does not contain THC.

Both Smith and Banks are asking customers and supporters to contact the Kansas attorney general’s office to voice opposition to the opinion.

Their attorneys are also filing injunctions and they hope a decision in court will allow them to continue to sell CBD Oil in Kansas.

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