Delta 8 is a cannabinoid derived from hemp. It is a nonintoxicating cannabinoid that produces mild psychoactive effects when consumed.

The legality of Delta-8 products in Kentucky is currently a hot topic in the hemp industry. However, it is unclear how the state will approach this issue in the future.

Legality

In Kentucky, delta 8 is legal as long as it is derived from hemp and contains no more than 0.3% Delta 9 THC. Hemp-derived delta 8 products may be purchased in stores and online.

However, it’s important to note that the DEA still considers Delta 8 to be a controlled substance, which means it is not legal to use or possess. That’s despite the fact that it was legalized under the 2018 Hemp Farming Bill, which removed hemp from the federal Controlled Substances Act.

This is largely because Delta 8 is manufactured through a chemical reaction, rather than through the extraction process like other THC derivatives. This makes it a synthetic drug, according to Sean Southard from the Kentucky Department of Agriculture.

This has led to a short but intense legal battle between the Kentucky Hemp Association and law enforcement over the legality of delta 8. The KYHA won this case, with a state judge ruling that Delta 8 is legally allowed under both federal and state laws.

Uses

Marijuana isn’t legal in Kentucky, but a substance that gets people high in a similar manner is being sold in stores all over the state. It’s called delta-8 THC, or hemp-derived THC.

Hemp plants produce a lot of different cannabinoids, including delta-8 THC. But delta-8 isn’t the main component responsible for a cannabis plant’s psychoactive effects.

But that’s not to say it’s necessarily bad, or even dangerous. In fact, it can be helpful for certain conditions and moods, like anxiety, depression, and sleep.

However, in April 2021, the Kentucky Department of Agriculture (KDA) published a letter stating that Delta-8 was “a Schedule I controlled substance under federal law and Kentucky law.” This triggered several police raids on vendors selling Delta-8 products.

The Kentucky Hemp Association filed a lawsuit against the KDA and a Boone Circuit Court judge issued a temporary injunction to keep delta-8 legal. But in February 2022, lawmakers introduced Senate Bill 170 to ban delta-8 and other THC isomers.

Safety

The manufacturing process for delta 8 THC products isn’t regulated, which means they may be contaminated with heavy metals, pesticides, mold, and residual chemicals.

As a result, many consumers are concerned about their health and safety when buying delta-8 vape cartridges or other products. These can be dangerous for people with lung issues or breathing problems.

Fortunately, there are a few things that can help ensure you’re safe when using delta 8.

First, make sure the product you’re buying has been inspected and tested by a third-party company. Then, make sure it’s labeled accurately and is free of contaminants.

Another safety measure you can take is to purchase a vaporizer that uses natural ingredients and a high-quality cartridge. Avoid cartridges that contain synthetic cannabinoids, nicotine and propylene glycol. These are all harmful ingredients that can cause serious health issues. This is especially true for delta 8 THC cartridges. They can cause damage to your lungs and lead to heart attack or death.

Regulation

Kentucky law permits the use, sale, production, and distribution of hemp-derived delta-8 products. The product is legally available in the state and can be purchased at retail stores.

Following a lawsuit filed by the Kentucky Hemp Association, a state judge has granted a temporary injunction that allows for the legal sale of delta-8. This is a victory for customers, vendors, and producers in the state who have had to worry about illegal police raids on delta-8 retailers.

The injunction also prevents the Department of Agriculture from enforcing a letter that effectively banned delta-8 and caused police to raid some retail stores after it was sent out last year.

The Department of Agriculture originally warned that distributing delta-8 products would result in the revocation of hemp licenses and criminal prosecution. But the court ruling gives stakeholders hope that the government may soon re-examine its priorities. This will help a thriving hemp industry thrive in Kentucky. It also opens up access to medical cannabis in the state for those who qualify.