MISSION, Kan. (AP) — Confusion is clouding the legality of vapes, gummies, teas and other products that include a chemical cousin of marijuana’s main intoxicating ingredient.
A recent Kansas attorney general opinion, court decision and law change have raised questions for prosecutors and law enforcement as the products, which are frequently sold in smoke shops and even gas stations, proliferate.
At issue is a chemical called delta-8 THC that is billed as producing a milder high than the better-known delta-9 THC. Delta-8 is often marketed as being legal even where marijuana is not. That argument stems from the fact that most delta-8 is synthesized from CBD, a popular non-intoxicating chemical that’s prevalent in hemp, a form of cannabis that Congress legalized in 2018.