By BECKY KISER
Hays Post
A 2019 change in Kansas law allows for an affirmative defense for people being treated by a doctor with CBD oil containing up to 5% THC, the active ingredient in marijuana.
Don Scheibler, Hays police chief, explained the update to city commissioners during their Thursday night meeting. If stopped by law enforcement “the person must also have a letter from a licensed physician that confirms they or their minor child are being treated for a debilitating medical condition with the CBD oil.”
The change allows for a person to receive prescribed medical treatment using CBD oil with THC without being convicted of a crime in Kansas.
Mayor Henry Schwaller was curious how law enforcement officers would deal with an unmarked bottle. “How do you know it’s 5 percent?,” he asked.
“It would have to be tested and that would definitely limit us in what we could do with that,” Scheibler replied. “Each situation would vary.”
Hays police officers recently visited Hays businesses that are selling CBD oils and various other cannabis products with no THC content.
“They were able to show us their paperwork where it shows it doesn’t have any THC. Stuff purchased in Colorado (where marijuana use is legal) does list the THC.”
Scheibler says the update “isn’t the best law” for Kansas law enforcement, confirming there is no requirement for a bottle of CBD oil to be labeled.
“We’re trying to appease two different groups.”
The state legislature this year passed Claire and Lola’s law, a narrow bill that may assist certain people if they ever find themselves facing prosecution for possessing some cannabis products currently illegal in the state of Kansas.
“It creates some challenges for law enforcement. It’s illegal for them to have it,” Scheibler pointed out.
“But here’s a person with a letter from a doctor saying ‘my child needs this for treatment’ and I know they’re not going to be found guilty in court. But nothing in the law allows the officer to hand that CBD oil back to them. In fact, if he hands it back to them, he’s committed a felony in distributing THC.”
Kansas is one of just four states with no public access cannabis program.
Some retailers argue CBD products with THC became legal on July 1 because of tweaks to state regulation of cannabis-related substances in a bill supporting the state’s fledgling industrial hemp program.
After some discussion, the Hays city commission unanimously adopted the the updated 2019 Uniform Public Offense Code for Kansas cities (UPOC) and the updated 2019 Standard Traffic Ordinance for Kansas cities (STO) for use within the city of Hays.
In other business, the commission also:
- Approved a bid of $48,675 from J Corp, Hays, for replacement of cart paths on the Back 9 of Fort Hays Municipal Golf Course
- Approved a bid of $37,954 by Air and Fire Systems, Salina, for purchase by the fire department of a new self-contained breathing apparatus air compression system to refill firefighters’ air tanks