DA issues warning over Delta-8

By The Active Age | February 2, 2023

Sedgwick County District Attorney Marc Bennett on Thursday reissued a warning to
people who possess or sell a cannabinoid commonly called “Delta-8” or “Delta-8
THC,” saying criminal prosecution of the illegal substance is possible.
In a statement, Bennett said: “We are aware that local law enforcement will be
engaging in efforts to further educate the community on the potential criminal
liability for the possession or distribution of ‘Delta -8’ or similar substances with an
elevated, impermissible level of THC content. We appreciate and add our voice to
that effort. We recognize it is confusing to consumers to have businesses publicly
marketing substances that are legally prohibited. It is our hope that businesses
and others who advertise, market, or sell ‘Delta-8’ or other controlled substances
will take this opportunity to stop and conform to the laws of our state. For those
who persist in the possession or distribution of these prohibited substances, they
should understand, as we do, that local law enforcement will be investigating and
ultimately presenting our office with evidence of such crimes. At that time, we will
review those cases and file charges when appropriate under the laws of the State
of Kansas.”
Bennett first issued a warning about Delta-8 in December, after Attorney General
Derek Schmidt stated that it was a Schedule 1 controlled substance as it contains
more than .3% tetrahydrocannabinois (THC).
Bennett’s statement said his office “is not in a position to pursue prosecution for
violations of this or any other law” until local law enforcement presents a potential
criminal case to his office.