If you are looking for Delta-8 online, our list of the best Delta-8 brands will help you in your search. Our expert reviewers test each product to ensure safety, transparency and quality at all levels. 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, which contains more than 0.3% THC, is illegal. The Kentucky Hemp Association (KYHA) filed a lawsuit arguing that Delta-8 was legal and that the police raids were unjustified. A state judge ruled in kyha`s favor and issued an injunction in February 2022. The Kentucky Hemp Association says the decision came after a lengthy legal battle with the Kentucky Department of Agriculture and the Kentucky State Police. The state Department of Health issued a letter in April 2021 effectively banning Delta-8, which led to subsequent police raids on Delta 8 vendors. Delta-8 is temporarily legal in Kentucky after a brief but intense legal battle. The use, possession, sale, distribution and production of Delta-8 hemp-derived products are currently permitted by state law.

For Kentucky`s Delta 8 retailers, the controversy has helped educate consumers that there is a product like marijuana, but it`s legal in their state. “Honestly, I think it just created the opposite effect of what was expected — it was phenomenal,” says Taylor, who sells about $50,000 worth of Delta 8 products a month at his Moser Road store in Louisville. As luck would have it, all Delta-8 products on the market are made by a simple chemical reaction of CBD, the main cannabinoid in hemp. The chemical, called delta-8 THC, is said to be milder than the better-known delta-9 THC. Delta-8 is often marketed as legal, even though marijuana is not legal. A Kentucky judge said Delta-8 was a legal derivative of hemp and issued a permanent injunction against law enforcement that prevents it from charging retailers and producers with criminal activity for selling Delta-8. But Quarles and the state police were wrong. According to the Drug Enforcement Administration, Delta-8 THC is legal as long as the cannabis from which it was extracted is hemp. And last week, the state officially lost its war against Delta-8. In a case filed by the Kentucky Hemp Association, a judge ruled against the state Department of Agriculture and the Kentucky State Police, writing that police “subject citizens to raids and prosecutions for something that is not clearly prohibited by law — but that has been clearly authorized and exempted by a law passed by lawmakers under the Constitution.” But Kimzey doesn`t sell pot at Discount Smokes. Unlike the 38 states that have legalized some form of marijuana, Kentucky is stuck in the 1980s when it comes to cannabis laws. However, the state has a robust industrial hemp industry — thanks to a 2014 pilot program and the Farm Bill, which legalized hemp at the federal level and defined it as cannabis containing 0.3% or less delta-9 THC, the psychoactive component that gets you high.

Several Delta 8 vendors also suffered 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 legislation (Senate Bill 170) banning Delta-8 in the state failed. On August 7, 2022, Boone Circuit Judge Rick Brueggemann officially declared that Delta-8 THC is legal in Kentucky and issued a permanent injunction preventing law enforcement from charging Delta-8 retailers and producers with criminal activity. But all of this can produce the same effects, including euphoria, drowsiness, and relaxation (1). The only big difference is that Delta 8 is weaker than Delta 9. Currently, Delta-8 is legal in Kentucky. However, this has been debated in a long legal battle. Suggested Reading: Kentucky Hurts with Delta-8 THC by Lawyer Rod Kight No. Marijuana-derived CBD is not legal in Kentucky. The state does not authorize the use, possession, sale, distribution, production or manufacture of marijuana products. State Senator Paul Hornback, R-Shelbyville, sponsored SB 170.

Although he led efforts to legalize hemp in Kentucky, Senator Hornback said he was worried about delta-8 and wanted to take it off the table. No. There is currently no legislation that could change the legality of the Delta-8 in Kentucky. Yes, Delta-10 is temporarily legal in Kentucky, which means that the use, possession, sale, distribution, production, and manufacture of Delta-8 products is permitted by state law. Other intoxicating ISOMERS of THC such as THC-O and HHC are also legal. You can find Delta-8 and other THC isomer products online and in physical retail stores throughout the state. (5) `industrial hemp` means cannabis sativa L. and any part thereof, including its seeds and all its derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, the concentration of delta-9 tetrahydrocannabinol of which does not exceed three-tenths of a percent (0.3%) by dry weight; However, the Kentucky Hemp Association resisted. A Boone County Circuit Court judge eventually sided with the Kentucky Hemp Association. A preliminary injunction filed in late February means Delta-8 is considered legal in Kentucky.

The judge ruled in favor of KYHA and issued an injunction on February 28, 2022 to keep Delta-8 legal in Kentucky. Bluegrass Grass: Products containing synthetic delta-8 THC are often marketed in a misleading manner and are now legal in Kentucky. The Medical Marijuana Bill, or House Bill 136, is described by its supporters and opponents as the most restrictive medical marijuana law in the country. There`s still a lot in the air and many experts are taking a close look at what legalization could do for the state of Kentucky. The delta-8 ban and the resulting police raids dealt a low blow to Kentucky. However, with the recent injunction, customers, sellers and producers can continue to enjoy Delta 8 products without fear of punishment or prosecution. Sellers can especially benefit from not sitting on millions of dollars of unsellable inventory. In April 2021, the Kentucky Department of Agriculture released a letter revealing that “Delta-8 is a List I controlled substance under federal and Kentucky law.” The letter argues that since the Crown`s Controlled Substances Act does not provide exemptions for delta-8, it is therefore a prohibited substance. In early 2020, a bill to legalize the use of medical marijuana in Kentucky passed by a wide margin by the state House of Representatives and referred to a Senate committee.

There has not yet been a hearing on the matter, partly because of the year 2020, and partly because of Senator Whitney Westerfield, Chair of the Senate Judiciary Committee, who officially stated, “I know there will be no hearing until I agree, and I`m sure I still have questions right now. Currently, the injunction keeps Delta 8 legal in Kentucky. But a Kentucky legislature is trying to pass Senate Bill 170, which will ban Delta 8 and other intoxicating hemp products. If the law is passed, Delta 8 will officially become illegal in the state. 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 bill has 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 nationwide use, possession, cultivation, and production of hemp and hemp-derived CBD. Since the bill does not limit Delta 8, a Delta 8 hemp-derived product is technically legal.

However, in 2020, the federal legality of delta-8 was questioned, forcing 18 states to reconsider their position on Delta-8 products, with many citing safety concerns about how they are manufactured “synthetically.” According to KYHA, they argued that Delta-8 was legal as a hemp derivative nationwide, but the industry group was forced to take that claim to court to prove their case. The association says it is happy to leave the issue behind and move forward. Lol You cannot legally travel to Kentucky with Delta-8 in your possession. Currently, state law prohibits the use and possession of hemp products and THC delta-8 products derived from marijuana. Possession of Delta-8 at the state border or within the state itself can lead to problems with law enforcement. Meanwhile, state lawmakers have attempted to pass laws banning delta-8 and other THC isomers. The legislation died in March 2022. And if not, there`s a good chance the state will try to tackle Delta 8 in some way in future laws. For example, Kentucky is also working on a bill that will decriminalize marijuana that can treat Delta 8 in the same way as adult marijuana. In April 2021, the Kentucky Department of Agriculture`s legal team released a note stating that delta-8 is banned in the state and considers it a controlled substance, sparking outrage from Delta-8 sellers operating within its borders.

With the injunction to legalize Delta-8 in Kentucky, you can now legally purchase Delta 8 products online and at physical retail stores in the state. There were also messages about the police looking for Delta 8 sellers after the letter.