Topeka cannabis store raided on 4/20 sues state, arguing Kansas delta-8 policies violate federal law
The owner of a cannabis dispensary raided by Shawnee County law enforcement in April is suing the state, arguing policies limiting the sale of certain cannabis products run afoul of federal law.
The lawsuit, filed on Friday in U.S. District Court, challenges an opinion issued by Attorney General Derek Schmidt late last year deeming that many products containing delta-8 can't be sold in Kansas.
Delta-9 tetrahydrocannabinol, also known as THC, is the intoxicating compound usually found in cannabis products. As its name indicates, delta-8 is a highly similar form of THC and can also have psychoactive effects, though they are much more muted.
Delta-8 products are legal in Kansas, but Schmidt's opinion says they must be derived from hemp, rather than the marijuana plant itself, and the combined THC levels can't exceed 0.3%.
Moreover, the opinion said many popular products containing delta-8, such as cigars, dips and teas, weren't lawful under the state's controlled substances act.
Prosecutors and local law enforcement have begun taking cases and raiding stores selling these products. That includes an April 20 raid on Guardian MMJ in Topeka, where authorities seized $120,000 worth of product, the lawsuit alleges.
More:Police conduct 4/20 raid at Topeka business that says it's a 'recreational cannabis dispensary'
Lawsuit argues state regulations on delta-8 doesn't match federal law
The store's owner, Murray Dines, publicly said at the time of the raid that Schmidt's opinion is inconsistent with federal law, a core pillar of the lawsuit's claims.
The lawsuit seeks an injunction to block prosecutors and law enforcement from using the current definition of hemp that limits delta-8 sales, and asks the court to strike down related portions of state law.
It names Schmidt, Gov. Laura Kelly and Douglas County District Attorney Suzanne Valdez, who has said she will begin prosecuting cases in accordance with the attorney general opinion, as defendants.
The federal Agriculture Improvement Act of 2018 delisted some cannabis products from the Controlled Substances Act and also gave states the ability to authorize and regulate hemp cultivation.
But the lawsuit argues this allows for delta-8 and other hemp derivatives, provided the delta-9 THC does not exceed 0.3%.
States are barred under federal law from changing the definition of hemp and the suit maintains the text of the Kansas Commercial Industrial Hemp Act says it should be implemented "in the least restrictive manner" under federal statute.
"Therefore, any downstream product made from hemp, any hemp derivative, cannabinoid, isomer, acid, salts or salts, that has a delta-8 THC concentration of any amount, is a legal product derived from hemp," the lawsuit said.
A spokesperson for Schmidt's office said they had not yet been served on the lawsuit.
More:Topeka cannabis dispensary says Kansas attorney general's flawed opinion led to its 4/20 raid
Andrew Bahl is a senior statehouse reporter for the Topeka Capital-Journal. He can be reached at abahl@gannett.com or by phone at 443-979-6100.