The answers behind what it is and its legality are more complicated than it seems due to the ubiquity of Delta 8. Under state hemp laws, legal hemp products can be sold in the state as long as they are made in accordance with the state`s hemp plan. However, Delta-8 is considered a controlled substance and therefore the sale of Delta-8 is prohibited in Kentucky. The state of Kentucky has been in the news lately. With the legalization of medical marijuana, many people are wondering if Delta 8 THC is legal in Kentucky? The answer to this question may come as a surprise, but Delta 8 THC is not only legal in Kentucky, but also nationwide. As long as it contains less than 0.3% concentration of delta-9-tetrahydrocannabinol (delta 9-THC), measured on a dry weight basis, it can be purchased safely. However, without regulation, companies are not required to test certain things. It is the lack of regulation, as well as the unclear legality of Delta 8, that leads Russo to say that using Delta 8 products in general is not a good idea. 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. Although SB 50 and SB 218 paved the way for Kentucky`s hemp legislation today, House Bill is where things get interesting. The bill was introduced to address the state`s growing opioid epidemic. When introduced, the bill included a controversial provision that CBD and other hemp extracts would have been prescribed by a doctor and approved by the FDA. Fortunately, due to concern expressed by participants in the state`s hemp pilot program, the provision was amended to protect and expand CBD protection in the state. The bill also removes any doubt that CBD products are legal and are not considered “marijuana” in the state. In 2020, a Louisville representative proposed Bill 136, which sought to legalize medical cannabis while keeping smokable flowers and growing at home illegally. The bill passed the House, but was stalled when COVID-19 hit. It was reintroduced in January 2022 but failed. A new version is being drafted, but expectations are low, as all previous laws with the same goal quickly fail. Depending on who you`re talking to, Delta 8 is either a smart workaround to help potential medical marijuana patients legally relieve symptoms, or a way for the hemp industry to make money starting in 2019 after a few rough years. However, the Kentucky Hemp Association resisted, and a Boone County Circuit Court judge eventually sided with them.
An injunction filed in late February 2022 means Delta 8 is considered legal in Kentucky at this time. Customers at local hemp stores have filed a petition to stop the Delta 8 ban, citing examples of the cannabinoid`s helpful properties in terms of sleep, anxiety, and pain relief. With the injunction legalizing Delta-8 in Kentucky, you can now legally purchase Delta-8 products online and at physical state retail stores. 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. 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… Hemp-derived delta-8 is legal in Kentucky, as long as it comes from hemp plants that contain no more than 0.3% THC by dry weight. Marijuana-derived delta-8 containing more than 0.3% THC is illegal. 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. Yes! Delta 8 THC is legal under federal law because it meets the definition of legal hemp.
Hemp and all its derivatives, including cannabinoids, isomers and all other extracts, were legalized in 2018 thanks to updates to the Farm Bill. Now, delta-8 products made from hemp that contain less than 0.3% delta-9 are legal under federal law. Several Delta 8 vendors also faced police raids, leading the Kentucky Hemp Association to sue the state and seek an injunction to prevent further raids. A judge issued the injunction and delta-8 remains temporarily legal in Kentucky. Subsequent laws (Senate Bill 170) banning Delta-8 in the state failed. 19. In April 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. After an eventful but ominous start to the year, delta-8 is legal again in Kentucky after a lawsuit filed by the Kentucky Hemp Association and a subsequent injunction.
State lawmakers have been trying to pass laws that could permanently ban delta-8 and other THC isomers.