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A retailer is suing Kansas officials over the state’s policy on delta-8 THC.
Murray Dines, the owner of Topeka-based Guardian MMJ, filed a lawsuit June 24 in U.S. District Court that claims Kansas’ policy violates federal law, according to The Topeka Capital-Journal.
Dines’ shop was raided by Shawnee County law enforcement April 20, the news outlet reported. Authorities seized $120,000 worth of product during the raid, according to the lawsuit, which challenges an opinion issued by Attorney General Derek Schmidt last year, according to The Topeka Capital-Journal.
While delta-8 products are legal in Kansas, Schmidt’s opinion said they must be derived from hemp and the THC levels must not exceed 0.3%, the news outlet reported.
Schmidt’s opinion also stated that some delta-8 products, including cigars, dips and teas, are illegal under Kansas’ controlled substances act, the news outlet reported.
RELATED: Confusion in Kansas Continues: Douglas County District Attorney Says Businesses Selling Delta-8 THC Will Be Prosecuted
Dines claims in the lawsuit that the 2018 Farm Bill allows for delta-8 and other hemp derivatives, as long as the concentration of delta-9 THC does not exceed 0.3%, according to The Topeka Capital-Journal.
Dines is seeking an injunction to prohibit prosecutors and law enforcement from using the state’s current definition of hemp that limits the sale of delta-8. The lawsuit, which names Schmidt, Kansas Gov. Laura Kelly and Douglas County District Attorney Suzanne Valdez as defendants, also asks the court to overturn related portions of Kansas’ law, according to The Topeka Capital-Journal.
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