WICHITA, Kan. (KSNW) — The gray area surrounding the buying and selling of Delta-8 THC in Kansas is no longer so gray.

On Thursday, Sedgwick County District Attorney Marc Bennett said that when law enforcement officers bring him evidence of Delta-8 THC crimes, he is ready to file charges when appropriate.

Bennett points to the Attorney General’s Office issuing a legal opinion in December 2021 that Delta-8 is illegal. In that opinion, the Attorney General found and clarified that Delta-8 THC is a Schedule I controlled substance as it contains more than .3% total tetrahydrocannabinol (THC).

At the time, the DA said his office was not in a position to pursue prosecution of a Delta-8 case until local law enforcement investigated and presented a potential criminal case to his office for review.

Now, he says that local officers will be engaging in efforts to further educate the community on the potential criminal liability for the “possession or distribution of Delta-8 or similar substances with an elevated, impermissible level of THC content.”

Bennett said he supports the effort.

“We recognize it is confusing to consumers to have businesses publicly marketing substances that are legally prohibited,” he said. “It is our hope that businesses and others who advertise, market, or sell ‘Delta-8’ or other controlled substances will take this opportunity to stop and conform to the laws of our state.”

Bennett said those who continue to have Delta-8 or sell it should understand that officers will investigate and present his office with evidence of such crimes.

“At that time, we will review those cases and file charges when appropriate under the laws of the State of Kansas,” he said.