Kansas Attorney General Opinion 2018-010

August 24, 2018
ATTORNEY GENERAL OPINION NO. 2018- 10
Janice Boland, EMS Director
Osborne County EMS
117 N. First Street
Osborn, Kansas 67473
Re: 	Crimes 	and 	Punishments—Crimes 	Involving 	Controlled 	Substances—
Unlawful Possession of Controlled Substances; Cannabidiol
Public Health—Controlled Substances—Uniform Controlled Substances
Act— Substances Included in Schedule I; Cannabidiol
Synopsis: 	Effective May 24, 2018, it is not unlawful under Kansas state law to possess
or sell products or substances containing any amount of cannabidiol.
Further, Epidiolex is a Schedule IV drug and is excluded from the definition
of “marijuana” under subsection (2) of K.S.A. 2018 Supp. 65-4101(aa) and
21-5701(j). 	Cited herein: 	K.S.A. 2017 Supp. 21-5701; 65-4101; 65-4111;
K.S.A. 2018 Supp. 21-5701; and 65-4101.
* 	* 	*
Dear Ms. Boland:
As EMS Director for Osborne County, you request our opinion on whether CBD oil is legal
under Kansas state law. 	While there is no standardized definition for “CBD oil,” we
construe the term to mean oil containing cannabidiol. For the reasons described below,
we believe it is no longer unlawful to possess or sell products or substances containing
any amount of cannabidiol.
You also ask whether cannabidiol is detectable by drug testing and are concerned about
how cannabidiol use may affect performance of personnel. Attorney general opinions will

Janice Boland, EMS Director
Page 2
address only questions of law. 1 	This question is not a question of law; therefore, we
decline to provide an opinion on this question.
In Attorney General Opinion No. 2018-5, issued on January 24, 2018, we opined that
Kansas law prohibited the possession or sale of products or substances containing any
amount of cannabidiol. Essentially, under the statutory language in effect at that time, we
concluded that cannabidiol fell squarely within the definition of marijuana under both the
Kansas Uniform Controlled Substances Act (KUCSA) in K.S.A. 2017 Supp. 65-4101(aa) 2
and the Kansas Criminal Code in K.S.A. 2017 Supp. 21-5701(j).3
Subsequently, in the 2018 legislative session, the Kansas Legislature amended the
definition of marijuana in both the KUCSA 4 and the Kansas Criminal Code 5 , as shown in
the italicized language below:
‘‘Marijuana’’ means all parts of all varieties of the plant Cannabis whether
growing or not, the seeds thereof, the resin extracted from any part of the
plant 	and 	every 	compound, 	manufacture, 	salt, 	derivative, 	mixture 	or
preparation of the plant, its seeds or resin. ‘‘Marijuana’’ does not include:
(1) The mature stalks of the plant, fiber produced from the stalks, oil or cake
made from the seeds of the plant, any other compound, manufacture, salt,
derivative, mixture or preparation of the mature stalks, except the resin
extracted therefrom, fiber, oil or cake or the sterilized seed of the plant which
is incapable of germination; or (2) any substance listed in schedules II
through V of the uniform controlled substances act; or (3) cannabidiol (other
trade name: 2-[(3-methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-
1,3-benzenediol).6
Since May 24, 2018, Kansas law excludes cannabidiol from the definitions of marijuana
in both the KUCSA and the Kansas Criminal Code. Thus, it is no longer unlawful under
Kansas law to possess or sell products or substances containing any amount of
1 See Attorney General’s Statement of Policy Relating to the Furnishing of Written Opinions, ¶¶ 1, 8.
2 At the time Attorney General Opinion 2018-5 was written, “marijuana” was defined in the KUCSA, K.S.A.
2017 Supp. 65-4101(aa), as: “[A]ll parts of all varieties of the plant Cannabis whether growing or not, the
seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt,
derivative, mixture or preparation of the plant, its seeds or resin. It does not include: (1) The mature stalks
of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, except the resin
extracted therefrom, fiber, oil or cake or the sterilized seed of the plant which is incapable of germination;
or (2) any substance listed in schedules II through V of the uniform controlled substances act.”
3 At the time Attorney General Opinion 2018-5 was written, the definition of marijuana under the Kansas
Criminal Code, K.S.A. 2017 Supp. 21-5701(j), was identical to the definition in the KUCSA, K.S.A. 2017
Supp. 65-4101(aa).
4 L. 2018, Ch. 101, §5, amending K.S.A. 2017 Supp. 65-4101(aa).
5 L. 2018, Ch. 101, §4, amending K.S.A. 2017 Supp. 21-5701(j).
6 Emphasis added. 2018 SB 282 (L. 2018, Ch. 101, §§ 4 and 5) became effective upon its publication in
the Kansas Register on May 24, 2018.

Janice Boland, EMS Director
Page 3
cannabidiol. 	To the extent that Attorney General Opinion No. 2018-5 conflicts with this
analysis, it is withdrawn.
Additionally, in the 2017 Legislative Session, the Kansas Legislature enacted K.S.A. 2017
Supp. 65-4111(f)(3) to make cannabidiol a Schedule IV drug “when comprising the sole
active ingredient of a drug product approved by the United States food and drug
administration.” 7 	On June 25, 2018, the Food and Drug Administration approved
Epidiolex, a proprietary oral solution of pure plant-derived cannabidiol. 8 Thus, Epidiolex
is a Schedule IV drug and is excluded from the definition of “marijuana” under the KUCSA
in subsection (2) of K.S.A. 2018 Supp. 65-4101(aa)(2) and the Kansas Criminal Code in
K.S.A. 2018 Supp. 21-5701(j).
It is important to note that the changes in law regarding cannabidiol have not changed the
law regarding other controlled substances. For instance, it remains unlawful to possess
or sell products or substances containing a Schedule I controlled substance, such as any
amount of tetrahydrocannabinol.
Sincerely,
Derek Schmidt
Kansas Attorney General
Athena E. Andaya
Deputy Attorney General
DS:AA:sb
7 K.S.A. 2018 Supp. 65-4111(f)(3).
8 Food and Drug Administration (June 25, 2018). FDA approves first drug comprised of an active ingredient
derived from marijuana to treat rare, severe forms of epilepsy [News Release]. 	Retrieved from
https://www.fda.gov/newsevents/newsroom/pressannouncements/ucm611046.htm.