Delta-8 THC is a very popular hemp derivative available to consumers, thanks to a legal loophole. To regulate this cannabinoid, states have either embraced a friendly approach or issued a ban on D8. Recently, the Bluegrass State rolled out a ban on the distribution and sale of this cannabinoid.
Is It Legal: Kentucky Delta-8 Laws
Unfortunately, NO, Kentucky banned Delta-8 THC.
What Is Delta-8?
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.
Where to Buy Delta-8 in Kentucky
Now that the Bluegrass State is one of the dozen that banned this cannabinoid, it’s best to avoid buying it if you live there.
If you’re traveling to D8 friendly states like Florida and New York, here are some tips on where to order D8. Ordering D8 online is still the best option in such an unregulated market. Mr. Hemp Flower is your go-to if you’re looking for a reliable, trusted company that cares about the safety of its products.
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.
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.
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. As we already mentioned, this industry is largely unregulated, so you need to be sure the product you’re buying 100% hits the less than 0.3% THC legal threshold.
Check out the most fire D8 products made by Mr. Hemp Flower:
Continued, Is Delta-8 Legal in Kentucky?
No, hemp-derived Delta-8 THC is NOT legal in Kentucky.
Kentucky is one of the states that have banned Delta-8 THC. On April 19, 2021, the General Counsel of the Kentucky Department of Agriculture issued a legal opinion letter addressing the legality of this cannabinoid.
The letter interprets federal law provisions on hemp and clarifies that Delta-8 and other forms of THC are Schedule I controlled substances on a federal level. This letter simply confirms that any cannabis material or product that contains over the legal 0.3% THC threshold is considered illegal, based on the expansive definition of hemp.
Some experts argue that this interpretation of the federal legality of Delta-8 is faulty. Why? Because the legality of this derivative doesn’t depend on the Delta-9 THC levels it contains but the method of making it. So, the origin or the way this cannabinoid is produced is what causes the issue, not its Delta-9 levels.
While this is a valid point and all hemp-derived products must contain less than 0.3% THC, the levels of Delta-9 products contain is not the main point of discussion whether D8 should be considered legal or not.
Regardless, D8 has been banned in Kentucky. Agriculture Commissioner Ryan Quarles responded to the ban by clarifying that the distribution of D8 products is illegal and could lead to “expulsion from the Hemp Licensing Program as well as potential exposure to criminal prosecution.”
Here’s an excerpt from the letter:
“As you know, in 2018 Congress created a narrow exemption from the Controlled Substances Act’s definition of “marijuana” (DEA numbers 7350 and 7360) for hemp that contains not more than 0.3% total Delta-9 THC. Cannabis with total Delta-9 THC in excess of that threshold remains a Schedule I substance.
There is no equivalent exemption for Delta-8 THC. That being the case, the manufacture and marketing of products containing Delta-8 THC, in any quantity or concentration level, remains prohibited by federal law.
And indeed, the federal Drug Enforcement Administration’s Controlled Substances List states that Delta-8 THC and other forms of THC are Schedule I controlled substances.”
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.
As of this writing, Delta-8 is banned in Kentucky. The Bluegrass State doesn’t allow the distribution of products containing D8. As a less friendly D8 state, Kentuckians should avoid buying D8 in this state until the law loosens up.
No, D8 has unfortunately been banned in the Bluegrass State. The General Counsel of the Kentucky Department of Agriculture issued a letter stating the distribution of D8 in the state is illegal.
You can buy it online, but it’s best to avoid ordering D8 right now if you live in Kentucky.
Absolutely! Delta-8 friendly states can order 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.