WICHITA, Kan. (KAKE) - Just this week a two-year-old boy ended up in the hospital after eating Delta-8 gummies.

Police say the gummies are legal in Kansas. But there seems to be some confusion about what is and isn't legal.

KAKE News spoke with both police and a dispensary about the issue. Dispensaries are allowed to sell things like gummies and vapes with THC, but the amount of THC has to be 0.3% or less. Which is the federal limit.

“I think it's important to start educating the public on what's legal and what's not. Delta 8 is not legal in Kansas,” said Wichita Police Captain Travis Rakestraw.

However, Rakestraw says Delta 8, which is similar to marijuana, can be sold if it has a low enough potency. And, the Wichita Police Department is now on a mission to inform the public what can and can't be sold.

"If it has a THC content of more than 0.3% it is illegal, it is a controlled substance. That's kind of where we're at with the police department. We're beginning to put together a public awareness campaign to let businesses know this is illegal,” said Rakestraw.

And, Rakestraw says both the police department and retailers will follow FDA guidelines.

"Unless it is in violation with the FDA, then it would be legal,” said Rakestraw.

High Hopes ICT in northwest Wichita says it was the city's first dispensary and its number one source of delta 8 THC.

“We have all the legal THCs. The stuff that's basically most like marijuana, but derived from hemp and still under 0.3%,” said Justin Lane Owner of High Hopes ICT.

But, how can you be sure if the products like gummies and vapes you buy are under that 0.3% THC limit?

“Everything we have in-store comes from test results from the company that makes it plus the third-party test result as well,” said Lane.

And, Justin Lane says only a small percentage of his customer buy Delta 8 just to get high.

“We have some that could help with anxiety, pain relief, help sleep, and many different things out there that our customers say helps them for,” said Lane.

As for the mother of the 2-year-old boy, she told KAKE News off camera what happened was an accident and her son was just getting into things like any 2-year-old. Police tell us she purchased the gummies legally. And the delta 8 gummy did not exceed 0.3% THC.