Kansas Lawmakers Confront Legal Gray Area Around THC-Infused Drinks as Federal Hemp Loopholes Create Confusion
While Kansas remains one of the few states in the nation without legalized medical or recreational marijuana, THC-infused beverages have quietly slipped under the radar creating a new front in the state’s long-running debate over cannabis policy.
At the center of the issue is a growing market of hemp-derived drinks, often marketed as Delta-9 seltzers, which promise a mild, euphoric effect. The beverages have become widely available across the Midwest, taking advantage of federal loopholes that distinguish legal hemp from illegal marijuana.
A Legislative Hearing Puts the Spotlight on the Legality of Intoxicating Hemp Drinks
The question of whether these THC-laced beverages are legal in Kansas came to the forefront during a Joint Committee on Kansas Security meeting held on October 23, 2025.
Robert Stuart, executive officer for the Kansas Bureau of Investigation (KBI), told lawmakers that THC-infused drinks currently fall under federal hemp regulations — not marijuana laws.
Under the 2018 Federal Farm Bill, cannabis plants containing no more than 0.3% THC by dry weight are classified as hemp, making products derived from them technically legal. These products are often labeled as Delta-9 hemp items and deliver weaker psychoactive effects compared to marijuana, due to their lower THC content.
However, Stuart noted that despite the federal classification, the intoxicating nature of these drinks raises serious public safety concerns.
“If It’s Intoxicating, It’s Damaging”: KBI Calls for Stricter Controls
During the hearing, Rep. Pat Proctor (R-Leavenworth) questioned whether the state should ban the sale of THC beverages altogether.
“Should we be outlawing it?” Proctor asked.
Stuart didn’t hesitate: “Yes. If it’s intoxicating, it’s damaging.”
The KBI’s position, he added, is that any product producing a psychoactive effect should fall under stricter regulation regardless of its federal hemp classification.
Currently, THC beverages in Kansas are limited to adults aged 21 and older, similar to alcohol laws. But with no established licensing or enforcement structure, oversight remains murky at best.
Law Enforcement Warns: Blurred Legal Lines Complicate Public Safety and Business Compliance
Stuart acknowledged that the lack of clear state laws leaves all parties in a difficult position — from distributors and retailers to consumers and police.
“You hear all sorts of social arguments and all sorts of different ways of thinking about it,” Stuart said. “But it would be much clearer for distributors, dealers, and the public if we could say exactly what’s legal — and what’s not.”
This ambiguity has made it difficult for retailers to know whether they’re selling compliant products, and for law enforcement to determine when criminal investigations are justified. Consumers, meanwhile, are left unsure of product safety and potency standards.
Boulevard Brewing Joins the Trend With “Berry Jane” THC-Infused Seltzer
Despite the legal gray area, major brands are moving forward with THC-infused beverages.
Kansas City, Missouri-based Boulevard Brewing Company announced it will soon launch “Berry Jane,” a THC version of its popular Quirk seltzer line.
The drink will come in two options: one with 5 mg of THC and another with 10 mg, packaged in a darker-colored can to differentiate the higher dosage. Boulevard says the product will debut in both Kansas and Missouri next month, further blurring the lines between neighboring states’ cannabis regulations.
The move signals how rapidly mainstream beverage companies are embracing cannabis derivatives — even in conservative regions — while lawmakers race to catch up with policy.
KBI Crackdown on THC Products Adds to Statewide Tensions
Earlier in October, the KBI conducted a multi-city raid targeting retailers selling unregulated THC products, seizing items from 10 storefronts across six Kansas cities.
KBI Director Tony Mattivi said the enforcement effort was prompted by concerns about child safety, alleging that mislabeled products and candy-style packaging made it easier for minors to access intoxicating substances.
The raids underscore a growing tension between federal hemp allowances and state-level cannabis prohibitions, leaving local law enforcement in a challenging position to interpret conflicting laws.
Legislative Stalemate: Kansas Remains Behind on Cannabis Reform
Kansas has struggled for years to find consensus on marijuana policy.
In 2021, the Kansas House of Representatives passed a bill that would have legalized medical marijuana. A special committee later developed recommendations to guide future legislation.
However, Republican opposition in the Senate has repeatedly stalled progress, keeping Kansas among the handful of U.S. states with no legal form of cannabis — medical or recreational.
With a new legislative session approaching and the 2026 gubernatorial election on the horizon, lawmakers are expected to revisit cannabis regulation, though it remains unclear whether reform momentum will overcome entrenched political resistance.
Federal Loopholes and State Inaction Create a Perfect Storm
As THC-infused beverages flood store shelves and cross state borders, Kansas lawmakers face a familiar challenge balancing federal legality, state prohibition, and evolving consumer demand.
For now, hemp-derived THC products like “Berry Jane” remain legal in Kansas but that status could change quickly if lawmakers decide intoxicating hemp should fall under marijuana laws.
Until then, Kansas consumers are drinking in the gray zone legally sipping a product that’s federally protected but locally contested.
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