photo by: Contributed Photo

Suzanne Valdez was elected to serve as Douglas County district attorney in November 2020.

The Douglas County district attorney made clear on Tuesday that her office would prosecute distribution and sale of Delta-8 THC in Douglas County.

Delta-8 THC is a psychoactive chemical found in cannabis plants. According to a 2021 attorney general opinion — issued in the wake of statewide confusion over the nature of the substance — it is a Schedule I controlled substance and is therefore illegal to possess or sell in Kansas, District Attorney Suzanne Valdez said in the news release. The only exception occurs when the substance is (1) made from industrial hemp and (2) if it is industrial hemp, it must contain no more than 0.3% total tetrahydrocannabinols.

Valdez said the illegal distribution of controlled substances posed “significant and substantial community health and safety risks and frequently result in ancillary criminal conduct.”

With Tuesday’s news release, Valdez included a notice that will be served to businesses possibly engaged in the distribution and sale of Delta-8.

The notice says, in part: “We are providing your business written notice of the illegality of marketing and/or selling Delta-8 THC products to consumers. We ask that you voluntarily remove these products from your store shelves and no longer sell them to consumers.”

Valdez said her office would reassess its position on the issue should the Kansas Legislature choose to revisit Delta-8’s legal status.

Valdez noted that her office generally has a policy of not aggressively prosecuting end users for possession of small quantities of THC products.