TOPEKA, Kan. — While Kansas remains one of the few states without legalized medical or recreational marijuana, THC drinks have quietly entered the marketplace — creating confusion among lawmakers and law enforcement officials.
At a Thursday meeting of a joint legislative committee on security, the legality of THC drinks became a central topic. Robert Stuart, executive officer for the Kansas Bureau of Investigation (KBI), told legislators that while marijuana remains illegal in Kansas, THC drinks are classified as hemp products under the 2018 federal Farm Bill. That law legalized cannabis plants containing no more than 0.3% tetrahydrocannabinol (THC) by weight, allowing hemp-derived products to be sold.
Products made using hemp — including THC drinks — are often marketed as Delta-9 items. They contain a lower concentration of THC than marijuana, leading to milder effects.
Rep. Pat Proctor, a Republican from Leavenworth, asked Stuart whether Kansas should outlaw these beverages.
“Yes,” Stuart replied, adding that the KBI’s position would likely remain firm. “If it’s intoxicating, it’s damaging.”
Under current law, THC drinks are restricted to adults 21 and older, similar to alcohol. Stuart said the situation is confusing for businesses and consumers alike.
“You hear all sorts of social arguments,” he said, “but it would be much clearer for distributors, dealers, and the public to know exactly what’s legal and what’s not.”
The blurred legal lines surrounding THC drinks make it challenging for retailers to comply with Kansas law and for law enforcement to investigate potential violations.
Kansas City-based Boulevard Brewing Company announced a new THC drink under its popular Quirk seltzer line called “Berry Jane.” The beverage will come in two dosages — one with 5mg THC and another with 10mg — and will be sold in both Kansas and Missouri next month.
Earlier this month, the KBI launched a statewide crackdown on THC drinks and other THC-infused products, raiding 10 storefronts across six cities. KBI Director Tony Mattivi said the agency acted because such products were endangering children in Kansas.
While the Kansas House passed a marijuana legalization bill in 2021, Republican leaders have continued to block further progress. With THC drinks now widespread, the issue could resurface when the Legislature reconvenes ahead of the 2026 gubernatorial election.
As THC drinks continue to blur the line between hemp and marijuana, Kansas officials face growing pressure to define what’s legal — and protect consumers in an evolving cannabis marketplace.