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“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.
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 by 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.”
