Volume 41 - Issue 9 - March 3, 2022
State of Kansas
Attorney General
Opinion 2021-1
Re: Unfair Trade and Consumer Protection – Consumer Protection; Scrap Metal Dealers – Scrap Metal Theft Reduction Act; Definitions; Implementation; Administration and Enforcement By the Attorney General and Kansas Bureau of Investigation; Unlawful Acts; Person Selling Regulated Scrap Metal; Information Required; Catalytic Converters May 26, 2021
Synopsis: A scrap metal dealer registered under the Scrap Metal Theft Reduction Act is required to submit information required by the Kansas Bureau of Investigation for each transaction. Such regulated scrap metal includes catalytic converters, as their primary value is derived from stainless steel and the platinum, palladium or rhodium contained in the core. Cited herein: K.S.A. 2020 Supp. 50-6,109; 50-6,110; L. 2007, ch. 128, § 1. CWM
Opinion 2021-2
Re: Cities and Municipalities – Libraries – Eudora Community Library District Act; Library District Creation; Appointed Board as Provided by Joint Resolution August 6, 2021
Synopsis: Members of the Eudora Township Public Library Board must be appointed, not elected, pursuant to a joint resolution between the City of Eudora and the Eudora Township. Cited herein: K.S.A. 2020 Supp. 12-1294, 12-1295, 12-1296, 12-1298. SLS
Opinion 2021-3
Re: Taxation – Judicial Foreclosure and Sale of Real Estate by County – Order of Sale; Publication Notice; Auctioneer May Be Employed; Procedure for Bidding in Behalf of County; Deed, Execution and Recordation October 4, 2021
Synopsis: K.S.A. 79-2804 requires foreclosure sales be held by public auction. The requirement for public auction is satisfied by use of an online auction site with members of the public being allowed an in-person place in the county to observe or bid. Kansas law does not specifically require a public auction be held solely in person. Cited herein: K.S.A. 58-1015, 75-4317a, 79-2302, 79-2303, 79-2306, 79-2401a, 79-2801, 79-2803, 79-2804. PRM
Opinion 2021-4
Re: Agriculture – Industrial Hemp – Commercial Industrial Hemp Act; Definitions – Unlawful Hemp Products; Penalties; Exceptions
Uniform Controlled Substances Act – Substances included in Schedule I
Crimes and Punishments – Crimes involving Controlled Substances – Scope of Act – Unlawful Cultivation or Distribution of Controlled Substances – Unlawful Possession of Controlled Substances December 2, 2021
Synopsis: Delta-8 tetrahydrocannabinol (Delta-8 THC) comes within the definition of a Schedule I controlled substance and is unlawful to possess or sell in Kansas unless it is made from industrial hemp and is contained in a lawful hemp product having no more than 0.3% total tetrahydrocannabinols (THC). Unlawful hemp products include cigarettes, cigars, teas, and substances for use in vaping devices. Delta-8 THC derived from any source other than industrial hemp is a Schedule I controlled substance and unlawful to possess or sell in Kansas. Other federal and state laws and regulations place additional limits on the legality of products containing THC and other cannabinoids. Cited herein: K.S.A. 2-3901, 2-3908, 21-5702, 65-2365, 65-4105. AF
Derek Schmidt
Attorney General
Doc. No. 049873
