A local business is facing an uncertain future due to possible legislation and regulation from Topeka.
CBD American Shaman in Manhattan began the week with closed doors due to a bill introduced in the state legislature that would make CBD oil illegal.
CBD oil is extracted from marijuana but contains little or no THC — the chemical component that gives users the feeling of being “high.” Instead, it’s used for treatment of pain and more notably, has shown to be effective in treating seizures in children. It’s also been known to be a safer alternative to opiates.
“We went into this believing this was legal on a federal level — or knowing it was,” Donald Ince, the co-owner of CBD American Shaman’s Manhattan store told KMAN Tuesday.
CBD — otherwise known as cannabidiol — is legal, according to the federal government and a provision in the 2014 Farm Bill that allows industrial hemp research under certain conditions and within a state’s borders. In 2016, provisions for CBD were updated to include interstate commerce.
But state’s interpretations can be mixed, and that seems to be the case with Kansas Attorney General Derek Schmidt. On Jan. 24, Schmidt was asked for clarification on the matter district attorneys from Johnson and Shawnee counties. In his response, Schmidt classified CBD oil the same as marijuana, summarizing that “if cannabidiol is found in oil produced by extraction from the cannabis plant material, the compound falls within the general definition of marijuana as defined by K.S.A. 2017 Supp. 65-4101(aa) and K.S.A. 2017 Supp. 21-5701(j), and it is unlawful to possess or sell such products or substances.”
While Ince says his products contain no THC — even though federal law grants 0.3% — Schmidt’s opinion ruled out any trace of it.
“Basically, they’re kind of calling me a criminal,” Ince said.
Ince said CBD American Shaman, which has stores across the Midwest, is filing an injunction and hopes to have doors open again by the end of the week.
He also said business has been good since opening in October.
“It’s been amazing,” he said. “This is the best job I’ve ever had. I go in and I watch people’s lives change. There’s so many medications people can use this in place of medication that has so many side-effects. People are taking medication for the medication they’re taking.”
Ince said a lot of his clientele has been purchases for children suffering from seizures.
“Oh yeah,” he said. “It’s very effective and a lot of seizure medicines they have, especially for children, the side-effects outweigh even using it.”
Other CBD oil business in the state have taken similar measures and have temporarily closed.
The post Kansas AG’s CBD oil stance has local biz nervous, temporarily closed appeared first on News Radio KMAN.