Delta 8 THC in Kentucky: Is It Legal & Where to Buy

Delta 8 Kentucky

Delta 8 THC survived a lengthy legal battle in Kentucky. What’s the legal status of delta 8 in the Bluegrass State? 

The Kentucky Hemp Association and the Kentucky Department of Agriculture had a lengthy legal argument regarding hemp-derived delta 8 THC. Now that it’s finally over, let’s delve into the details.

Last Update: July 17, 2024


  • Delta 8 THC is legal to buy and possess in Kentucky. The state regulated delta 8 THC and hemp-derived substances under HB 544.
  • You can buy and possess delta 8 THC products in this state if you are 21 and older. This compound is now classified as “hemp” under Kentucky’s law.
  • Retailers selling delta 8 THC products must keep them behind the counter. Manufacturers must follow specific labeling and testing requirements.
  • Mr. Hemp Flower offers a range of hemp-derived delta 8 THC products, including gummies, pre-rolls, and edibles, for the Kentucky marketplace. Wholesale is also available.

Is Delta 8 THC Legal in Kentucky? 

Yes, hemp-derived delta 8 THC is officially legal in Kentucky. 

The state passed House Bill 544 in March 2023. This bill fully legalized and regulated hemp-derived delta 8 THC products. It also regulated the manufacture and sale of other hemp-derived cannabinoids with intoxicating properties.

Under the new law, you must be 21 and older to buy delta 8 THC and other intoxicating cannabinoids in Kentucky. This cannabinoid is considered legal “hemp” and not marijuana in this state.

Retailers selling delta 8 products must keep the products behind a counter. The products sold must be tested by a third-party lab and come in a packaging that’s unattractive to children.

These are positive regulations that support the hemp industry in Kentucky and allow the regulated sale of delta 8 products.

Read more: State-by-State Legality of Delta 8 THC.

Where to Buy Delta 8 THC in Kentucky?

The best place to order delta 8 THC is online. 

Mr. Hemp Flower is your go-to reliable, trusted company that cares about the safety of its products. 

We’ve been here since 2016 and will continue to provide top-shelf products that showcase hemp’s healing potential. In D8 friendly states, you can order a wide range of products, like pre-rolls, gummies, soft gel capsules, concentrates, and vape cartridges online.

It’s important to understand that many companies are in this business to make a quick buck. Unlicensed outlets like gas stations and convenience stores don’t care whether the products they offer have been screened for quality. Licensed CBD shops, on the other hand, are transparent about the origin of their products.

Another reason why you should always choose a reliable company that is transparent about its D8 products is the levels of delta 9 THC the products may contain. When a product has been screened for quality and tested by a third-party lab, the company will have a readily available Certificate of Analysis to show for it. 

This report allows you to see the levels of delta 9 THC the product contains. This allows you to see whether the product you’re buying 100% hits the less than 0.3% THC legal threshold

What is Delta 8 THC? 

Delta 8 tetrahydrocannabinol is a “cousin” molecule of delta 9 THC (or just THC). Both molecules have the same chemical structure, with one tiny difference the location of their double bond in their structure. As the name implies, delta 9’s bond is at the 9th carbon chain, while D8’s is at the 8th carbon chain. 

Such a minimal difference contributes to noticeable distinction in effects. According to research, D8 seems to be 50 to 70 percent less intoxicating than Delta-9. Delta-8 does get the user “high,” but in a mellower, smoother way, without the typical side effects of anxiety and paranoia. 

Delta 8 THC and Federal Law 

Is delta 8 legal on a federal level? The answer is: it’s complicated and confusing. 

Delta 8 that’s naturally occurring in the hemp plant is 100% legal under the 2018 Farm Bill. The bill legalized hemp and all derivatives, cannabinoids, and isomers as long as they contain less than 0.3% delta 9 THC. But, hemp D8 is present in tiny amounts in the plant (less than 0.1%), making its organic extraction a financial burden to manufacturers. 

So, chemists have been using another way of producing D8: converting naturally hemp-derived cannabidiol (CBD) into Delta-8. This method of manufacturing D8 leaves space for the DEA to consider it a potentially synthetically derived cannabinoid. 

In a 2020 report, the Drug Enforcement Administration (DEA), confirmed that under federal law, “all synthetically derived tetrahydrocannabinols remain Schedule I controlled substances.” The report didn’t provide a clear definition of the term “synthetically derived,” so the question of the legality of CBD-derived D8 remains. 

While many experts argue that making D8 from hemp-derived CBD in a lab doesn’t exactly qualify as making a synthetically derived cannabinoid, the wide interpretation of the definition “synthetically derived” gives the DEA the space to consider it as such. 

Federal law banned synthetic THC like Spice and K2 because they are harmful substances that mimic the effects of real THC and are made in a lab without the use of any cannabis material. It’s clear that D8 doesn’t quite fit this definition and needs regulation of its own. But, we can only wait for it to be fully legalized or enjoy it while it exists in a legal loophole.

Final Thoughts

Kentucky citizens that are 21 and older can freely enjoy delta 8 THC products without worrying about legal consequences. Despite recent attempts to ban this cannabinoid, the Hemp Association managed to eliminate delta 8 and delta 10 from the list of banned cannabinoids.

You can lawfully manufacture, distribute, sell and possess hemp-derived delta 8 in this state within the current regulations. 

Delta 8 Kentucky Laws

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Yes, delta 8 THC is legal to buy in Kentucky. Under state law, adults 21 and older can purchase, use, and possess delta 8 products.

You can freely buy it online as it’s legal in Kentucky.  

Absolutely! Delta-8 friendly states, including Kentucky, permit ordering D8 online legally.

No, 14 states banned this hemp derivative, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Kentucky, Rhode Island, Utah, Vermont, and Washington.

It is! Delta-8 is even considered safer than Delta-9 THC because it’s milder and doesn’t cause the same side effects.

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.

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