The warrant was issued as part of an ongoing investigation into the distribution of products containing THC levels exceeding the legal limit under the Kansas Industrial Hemp Act.
Donald Ince, 46, of Manhattan, was arrested at approximately 10:08 AM in connection with the investigation. Ince was charged with the probable cause offenses of three counts of distribution of marijuana (less than 25 grams) and one count of failure to appear. His total bond was set at $15,060. At the time of this report, Ince was not confined.
Understanding the Kansas Industrial Hemp Act
In recent months, RCPD has encountered numerous cases where individuals were cited for possession of marijuana after purchasing what they believed to be legal CBD products from local businesses, including CBD American Shaman. Many of these individuals expressed confusion, as they believed the products they purchased were legal under Kansas law. To clarify, the Kansas Industrial Hemp Act (K.S.A. 2-3901) defines industrial hemp as any part of the cannabis plant containing a delta-9 tetrahydrocannabinol (THC) concentration of no more than 0.3% on a dry weight basis. Any product derived from industrial hemp must also adhere to this 0.3% THC limit. Products exceeding this threshold are classified as marijuana under Kansas law and are considered a controlled substance, making their distribution and possession illegal.
Key Points for Consumers and Businesses:
1. THC Limits Matter: Any product containing more than 0.3% THC is considered marijuana under Kansas law, regardless of where it is purchased.
2. Know the Source: Consumers should ensure that the CBD products they purchase are compliant with Kansas law and contain no more than 0.3% THC.
3. Business Responsibility: Businesses selling CBD or hemp products must verify that their products meet the legal THC threshold. Failure to do so can result in criminal charges and harm to consumers who may unknowingly purchase illegal substances. RCPD encourages all businesses to thoroughly review the Kansas Industrial Hemp Act and ensure compliance with state laws.
4. Certain Products Are Explicitly Prohibited: K.S.A. 2-3908 outlines six (6) hemp products that are explicitly prohibited from being manufactured, marketed, sold, or distributed in Kansas. These include cigarettes, cigars, smokeless materials, teas, and liquids or gases for vaporizing devices that contain industrial hemp. Additionally, any hemp product intended for human or animal consumption that contains ingredients prohibited under the Kansas Food, Drug, and Cosmetic Act or the Commercial Feeding Stuffs Act is unlawful. Businesses must ensure their products comply with these regulations to avoid legal consequences.
Additionally, under the same Kansas law, it is unlawful to market, sell, or distribute certain hemp products—including industrial hemp buds, ground hemp floral or leaf material, and hemp extracts with a delta-9 THC concentration exceeding 0.3%—to anyone not registered as a hemp processor under K.S.A. 2-3907 or licensed by the Kansas Department of Agriculture under a commercial plan (K.S.A. 2-3906) or research program (K.S.A. 2-3902). Transportation of these products between licensed hemp producers and processors is permitted without additional licensing, subject to state fire marshal regulations. Violations are punishable as a class A nonperson misdemeanor for a first offense and a severity level 9 nonperson felony for subsequent offenses. Exceptions allow for research by state educational institutions and the production, use, or sale of hemp products not prohibited by state or federal law. This provision supplements the Kansas Commercial Industrial Hemp Act (K.S.A. 2-3901 et seq.)
We urge consumers to be vigilant when purchasing CBD products and to seek out reputable sources that adhere to legal standards. For more information on the Kansas Industrial Hemp Act, please visit the Kansas Legislature’s website or contact the Riley County Police Department.
This investigation remains open and ongoing.
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