The judge ruled in favor of KYHA and issued an injunction on February 28, 2022 to legally detain Delta-8 in Kentucky. Delta-8-THC, a newly popular cannabinoid, is legal under federal law, but some states still prohibit possession. Kentucky is home to one of the best-organized hemp programs in the country, but is Delta-8 legal in Kentucky? “What we need is a reform of cannabis laws that allows better access to patients and doesn`t support the need for these chemical processes to try to create what they hope will be a loophole in the law,” he said. The DEA still lists Delta 8 as a controlled substance, despite the 2018 Hemp Cultivation Bill, which legalizes hemp-derived substances as long as they contain less than 0.3 percent Delta 9 THC. The Kentucky Hemp Association says the decision was made after a lengthy legal battle with the Kentucky Department of Agriculture and the Kentucky State Police. Delta-8 is temporarily legal in Kentucky after a brief but intense legal battle. The use, possession, sale, distribution and production of delta-8 products derived from hemp are currently permitted under state law. Contrary to popular belief, the Kentucky Department of Agriculture opposes the sale of Delta-8 in the state, citing it as a Schedule I controlled substance. This means that delta-8-THC is not legal in Kentucky. On April 19, 2021, the day before the 4/20 pro-weed holiday, the Kentucky Department of Agriculture issued an op-ed stating that Delta 8 products are illegal in Kentucky. Yes.
Cannabidiol (CBD), which is derived from hemp plants containing no more than 0.3% THC, is legal under state law and has been following Senate Bill 124 since 2014. This law allowed a limited number of patients to access hemp-derived CBD for medical purposes. Later, in 2018, Kentucky lawmakers signed House Bill 197, which authorizes the domestic use, possession, cultivation and production of hemp and hemp-derived CBD. No. CBD derived from marijuana is not legal in Kentucky. The state does not authorize the use, possession, sale, distribution, production or manufacture of marijuana products. According to KYHA, they argued that Delta-8 was legal nationwide as a hemp derivative, but the industry group was forced to take this claim to court to prove their case. The association says it is happy to leave the issue behind and move forward. At Vida Optima, our Delta-8-THC products meet all the parameters of the Hemp Cultivation Act of 2018, so they can be legally purchased online in any state where Delta-8 is legal.
With the injunction legalizing Delta-8 in Kentucky, you can now legally purchase Delta-8 products online and at physical state retail stores. It is a “legal weed”. You don`t really understand what it is or how to use it in a state as anti-pot as Kentucky. But of course you will try. “Now, some want to argue that lawmakers have inadvertently legalized an intoxicating synthetic substance called delta-8 THC,” Southard said. Of course, federal law provides exceptions for tetrahydrocannabinols in hemp as long as there is less than 0.3% delta-9-THC, so it appears that these state laws have no real basis. Nevertheless, Kentucky authorities treat delta-8 as a Schedule I controlled substance in the state, making delta-8-THC illegal in Kentucky. The argument why Delta 8 is legal goes back to the 2018 hemp cultivation law.
This federal law allowed hemp-derived substances as long as they contained less than 0.3% delta 9 THC. But the Kentucky Department of Agriculture, or KDA, says Delta 8 is still illegal because it`s listed as a controlled substance by the DEA. Kentucky is one of 16 states that have taken steps to restrict Delta 8. Michigan is working on plans to regulate it. In April of last year, the Kentucky Department of Agriculture sent a letter to hemp growers and law enforcement declaring delta-8 THC an illegal “synthetic” drug. In June, Kentucky State Police began raiding retail stores, using the letter as justification. “Companies like we said OK, so here we are, here`s the rulebook. Okay, all of these cannabinoids are legal, now let`s go on a mission to isolate each of these cannabinoids and bring them to where we can isolate each cannabinoid, and then we can fully explore it.
This led Kentucky State Police to raid some stores selling Delta 8 products in the state. The Kentucky Hemp Association responded and filed an injunction against KDA and KSP to stop the raids and clarify the legality of Delta 8. No. You cannot legally travel to Kentucky with Delta-8 in your possession. Currently, state law prohibits the use and possession of delta-8 THC products made from hemp and marijuana. Possession of Delta-8 at the state border or within the state itself could lead to law enforcement problems. State Senator Paul Hornback, R-Shelbyville, sponsored SB 170. Although he has led efforts to legalize hemp in Kentucky, Senator Hornback said he is concerned about Delta-8 and wants to take it off the table. The Kentucky Hemp Association (KYHA) has filed a lawsuit arguing that the Delta-8 is legal and that the police raids are unjustified.
A state judge ruled in favor of KYHA and issued an injunction in February 2022. Groda of the Kentucky Hemp Association said she wants a judge to decide whether Delta 8 is legal in Kentucky or not. She hopes that the association`s injunction will succeed. Disclaimer: We are constantly working to stay informed of the latest Delta 8 laws and research. However, state laws are subject to change, and we encourage you to do your own research to verify the information you find in this article. This is not legal advice. Kentucky quickly seized the opportunity to legalize hemp and CBD after the Farm Bill became federal law in 2018. The state has legalized hemp, which it defines according to the federal definition. It also legalized all hemp products “made from or from the processing of industrial hemp… In 2018, the federal government amended and signed the Farm Bill. The Farm Bill legalized hemp and hemp-derived cannabinoids (including delta-8), terpenes, derivatives, isomers, and salts in the United States.
The bill also removed hemp from the federal Controlled Substances Act. Kentucky then aligned its hemp laws with the Farm Bill after the passage of House Bill 197 the same year. Currently, Delta-8 is legal in Kentucky. However, this has been debated in a lengthy court battle. This appears to have legalized delta-8-THC in the state as long as it was derived from legal hemp, but the Kentucky Department of Agriculture issued a letter on April 19, 2021 to clarify its position.