As a resident of Kentucky, you’ve probably heard about the recent ban on Delta-8 THC. Now that the industry revealed a brand new cannabinoid — Delta-10 THC — you might be wondering if the ban also covers this novel hemp-derived tetrahydrocannabinol. Can you still buy Delta-10 THC in Kentucky? Let’s explain the complex legal situation in the Bluegrass State.
Is It Legal: Kentucky Delta-10 THC Laws
The short and simple answer is
Delta-10 THC is NOT legal in Kentucky.
What Is Delta-10 THC?
Delta-10 tetrahydrocannabinol (D-10 THC) is a brand new cannabinoid that hit the market after the Delta-8 THC craze. D-10 is a minor hemp compound that has been detected only in the early stages of the development of the hemp plant. Meaning, you won’t find any hemp (or marijuana) strains that naturally contain this substance. So, chemists use hemp-CBD and isolate D-10 THC in a lab.
Due to a lack of scientific evidence, we’re relying on anecdotal reports to reveal the main characteristics of this substance. The D-10 THC “high” tends to be more uplifting than sedating, which is more of D-8 THC’s tendency. Because it’s more nootropic and boosts energy, focus, and creativity, it’s likely to become a staple in the cannabis industry over the next few years.
Buy Delta-10 THC in Kentucky NOW
Kentucky is one of the states that don’t allow the sale of hemp-derived Delta-10 THC products. So, it’s best to avoid ordering D-10 products online if you live in the Bluegrass State.
If things start to loosen up, you can always turn to Mr. Hemp Flower for genuine D-10 THC. The best way to protect yourself from fake and untested (even harmful) products is to buy directly from the maker’s website.
Mr. Hemp Flower is one of the top three brands for Delta-8 THC, so you can rest assured our D-10 THC formula is potent and safe. We test each product and offer a comprehensive Certificate of Analysis that proves the item’s potency, safety, and Delta-9 levels.
If you’re looking for a legal product, you should definitely order our “Magic Drops.” Infused with full spectrum CBD oil, these gummies will leave you in awe of their quality and deliciousness.
Continued, Is Delta-10 THC Legal in Kentucky?
In April 2021, the Kentucky Department of Agriculture released a letter stating that the distribution of Delta-8 THC is illegal.
The Bluegrass State initially banned Delta-8 THC, and the police raided CBD shops selling products containing this cannabinoid.
The letter was addressed to Kentucky hemp license holders, advising them that Delta-8 THC (and other forms of THC) is a Schedule I controlled substance under federal and state law. Therefore, distributing products containing this cannabinoid is illegal and could lead to expulsion from the program and potential exposure to criminal prosecution.
In the letter, the Department states that federal law lists Delta-8 THC and other forms of THC as Schedule I substances. This is the part where the illegality of Delta-10 THC in the state comes into question. Although D-10 has not been explicitly mentioned in the letter, due to the current situation with Delta-8 THC, it’s likely also considered illegal.
Experts argue that the letter doesn’t take into consideration the fact that Delta-8 THC is derived from hemp — which has a direct impact on its legality. Instead, the letter states that federal prohibition of the compound and high Delta-9 THC levels stand behind the ban. This interpretation is faulty because Delta-9 and Delta-8 are different THC isomers and many D-8 THC products contain less than 0.3% D-9 THC.
In a statement released by the Kentucky Department of Agriculture spokesperson stated that one of the reasons for the decision to ban this cannabinoid is its intoxicating properties.
As a response to the letter, the Kentucky Hemp Association filed an injunction against the Kentucky Department of Agriculture regarding the raids on stores selling this cannabinoid — and asked for the raiding to stop until they can go to court. Nonetheless, both D-8 and D-10 remain illegal in the Bluegrass State for now.
Delta-10 THC and Federal Law
The legality of Delta-10 THC on a federal level is unclear and it mainly has to do with the way it’s manufactured.
D-10 THC stands in an unprecedented situation because it’s semi-synthetic. Chemists create this compound in a laboratory using hemp-derived cannabidiol (CBD) and catalysts. This substance is more heavily processed than Delta-8 THC, which is created through isomerization or conversion of one compound into another. So, creating D-8 is a more straightforward process compared to creating D-10 THC.
Because this compound is technically made from hemp CBD, it is considered legal under the 2018 Farm Bill. At least, according to some experts who claim that the bill covers all hemp-derived cannabinoids regardless of how they’ve been processed. On the other hand, some experts claim that this cannabinoid is illegal because the way it is processed makes it a synthetic tetrahydrocannabinol.
Under the 2020 Interim Rule by the Drug Enforcement Administration (DEA), synthetically derived tetrahydrocannabinols are controlled substances. The same goes with the Orange Book that lists approved drug products and mentions Delta-8 tetrahydrocannabinol.
However, what makes D-10 different from synthetic cannabinoids is that it is derived from hemp and acts like a normal THC molecule in the body. Synthetic THC is known for exhibiting dangerous and intense effects that mimic real THC but can lead to overdose. For now, D-10 THC is in a gray legal area.
Kentucky explicitly prohibits the distribution and sale of hemp-derived Delta-8 and, very likely, Delta-10 THC. As of this writing, this substance is NOT legal to buy in the Bluegrass State. Kentucky strictly prohibits brick-and-mortar stores from selling products containing high levels of THC.
No, the Bluegrass State banned the sale and distribution of Delta-8 THC and other forms of THC.
Due to strict regulations, you should avoid buying D-10 THC products in Kentucky.
Only residents of Delta-10 friendly states can order D-10 THC products online legally.
Nope. More than a dozen states have expressly banned or are in the process of restricting products containing Delta-10 THC, including, but not limited to, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Idaho, Iowa, Montana, Mississippi, New York, North Dakota, Kentucky, Rhode Island, Utah, and Vermont.
Read our legal disclaimer HERE. While we try to stay as up-to-date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times. We do our best to keep up with state and local policies and regulations, but since those regulations are changing so rapidly, we strongly encourage our customers to check their local state, city and, or county policies before placing an order, as it’s ultimately your responsibility to abide by your local regulations.