Businesses in McPherson County are facing an uncertain future regarding the sale of Delta-8 THC and CBD products after local law enforcement visited two stores to discuss state regulations on industrial hemp. While no formal ban has been enacted, police officers provided retailers with Kansas Statute 02-3908, which classifies industrial hemp, including hemp-derived products intended for human and animal consumption, as illegal in Kansas.
Last Wednesday morning, a detective and a police officer visited The Hanging Leaf on Main St. and Vapor 100 on Centennial Dr. to provide copies of the statute. The visits were described as educational, but retailers reported vastly different experiences.
At The Hanging Leaf, store manager Destiny Eblen described her interaction as professional.
“The officers were very kind and non-threatening,” she said. “They explained that the county was still deciding how to proceed and assured me this was simply a courtesy visit.”
In contrast, an employee at Vapor 100, who didn’t give their name, described a tense and intimidating interaction.
“They came in here with such ferocity. The tension in the air was so thick you could cut it with a knife,” the employee said. “The detective was dressed casually, wearing only a badge on his belt loop, but the whole conversation felt accusatory.”
The McPherson Police Department confirmed that there is no ban currently in place on Delta-8 THC or CBD products but noted that businesses could face enforcement if found in violation of Kansas law. Captain Mike Davis addressed concerns about the visits and clarified that the outreach was intended to inform business owners rather than impose penalties.
“Our primary objective in the initial outreach to these businesses was to provide them with a copy of the relevant state statute governing the sale of these products,” Davis said. “Should our investigation determine that further law enforcement action is warranted, we will coordinate closely with the McPherson County Attorney’s Office to take appropriate and lawful measures.”
Concerns regarding enforcement stem from an increase in possession cases, reports of cannabis-induced psychosis, and products getting into the hands of minors. The department also cited inquiries from neighboring law enforcement agencies.
“As law enforcement, we are guided by the principles of integrity, accountability, and respect for the rights of all individuals,” Davis said. “Any investigative or enforcement measures are based on objective evidence and in accordance with applicable local, state, and federal laws.”
Despite clear labeling and documentation proving that their products fall within the legal threshold, customers have reported being stopped and searched by law enforcement.
“One customer told me police entered their apartment and seized all of their hemp-derived products,” Eblen said. “Another was stopped right outside the shop, even after showing officers his receipt proving legal purchase.”
It must be noted that neither of the incidents cited by Eblen occurred in McPherson County.
Kansas law defines industrial hemp as all parts and varieties of the Cannabis sativa L. plant with no more than 0.3% delta-9 THC on a dry weight basis. Under the 2018 Farm Bill and the Kansas Commercial Industrial Hemp Act, hemp can be legally grown, processed, and sold within that limit. However, Kansas has placed restrictions on certain hemp-derived products, including smokable hemp flower, hemp cigarettes, cigars, and vape cartridges. Additionally, synthetic cannabinoids such as Delta-8 THC and HHC are banned. While licensed producers and processors operate under state oversight, enforcement regarding hemp-derived THC varies across counties.
McPherson County’s police outreach appears to be influenced by pressure from neighboring Reno County. Eblen stated that according to contacts in Reno County, officials there have expressed concerns that residents are traveling to McPherson to purchase Delta-8 THC and bringing it back, leading McPherson authorities to review their stance.
In response to the uncertainty, The Hanging Leaf has temporarily removed hemp flower products from its shelves, citing concerns about enforcement.
“We’re hoping this is temporary,” Eblen said. “We want to work with officials to make sure everything is compliant, but we also want to ensure our customers aren’t facing unnecessary legal trouble.”
A petition opposing restrictions on Delta-8 THC is circulating in the community, with signatures being collected at several local businesses. Many residents argue that alternative medicine should remain accessible and that enforcement measures should reflect public interest rather than pressure from neighboring counties. A QR code to access the petition is attached to this article.
The Hanging Leaf is an integral part of McPherson and has played a significant role in supporting community initiatives. The store hopes to be able to continue this relationship.
“We’ve donated to the Firemen’s Education Program and helped raise funds to pay off student lunch debt,” Eblen said. “We love McPherson, and it seems like McPherson loves having us here.”
Eblen also shared a personal perspective on hemp-derived products.
“Before we opened, I had to take strong anxiety medications just to function. Now I use small CBD capsules, and it makes a huge difference in my life,” she said. “The idea that even THC-free capsules could be considered illegal is alarming.”
As McPherson County officials deliberate on enforcement, business owners and customers remain in limbo, awaiting clarity on whether Delta-8 THC sales will continue or if McPherson County officials will decide on restrictions.
For now, local retailers continue serving their customers, hoping officials will consider both legal precedent and public sentiment in their final decisions.
Scan the QR Code to open the petition.CBD products help many people with anxiety, depression, and pain. Photo Credit: Tammy Johnson
