Whether you are a fan of delta-8 or not, you might have wondered when it became illegal in Kentucky. The state’s legislature passed House Bill 197, which aligned Kentucky’s hemp laws with those of the federal government. Interestingly, the legislation was enacted on the same day that a Kentucky judge declared delta-8 to be a legal derivative of hemp.
House Bill 197 Aligned Kentucky’s Hemp Laws With Those Of The Federal Government
HB 197, also known as the Hemp Farming Act, was signed into law by Kentucky lawmakers in 2018. The bill has several components, including a definition of industrial hemp, cannabinoids, derivatives, and the isomers that make up delta-8.
Delta 8 is a psychoactive cannabinoid derived from hemp. It has similar effects to marijuana. It can be beneficial for pain relief, sleep, and anxiety. It is also a milder analog of delta 9 THC.
This may sound like a good thing, but it actually meant that Kentucky state officials were trying to ban delta 8 products derived from hemp. They hoped this would stop the flow of delta 8 products to Kentucky and stop the police raids that resulted in seizures of delta 8 products. Eventually, the judge sided with the Kentucky Hemp Association and an injunction was filed in late February of 2022, making delta 8 legal in the Commonwealth.
This law was an attempt by Kentucky lawmakers to do the right thing by hemp, in the state’s attempt to legalize the crop. It would allow the growth and production of industrial hemp, as well as the marketing of hemp-derived products. The bill also set up the Industrial Hemp Advisory Board, which would provide input to the Kentucky Department of Agriculture regarding the state’s hemp industry.
Judge Declares Delta-8 a Legal Derivative Of Hemp
Earlier this month, a Boone County judge declared Delta-8 a legal derivative of hemp. This ruling is a major victory for the Kentucky hemp industry.
This decision protects delta-8 producers, retailers and suppliers. It also prevents law enforcement agencies from charging retailers and hemp producers for delta-8.
Earlier this year, the Kentucky Hemp Association filed a lawsuit against state agencies in order to prevent further raids. The association claimed that delta-8 was legal because it is a derivative of hemp, not marijuana. The agency replied that the Delta-8 was a synthetic drug.
The lawsuit argued that the Kentucky Department of Agriculture was incorrect in claiming that delta-8 was a synthetic drug. The agency also argued that delta-8 is not a legal derivative of hemp.
The lawsuit was brought by the Kentucky Hemp Association against the Kentucky State Police and the state agriculture agency. The Association requested a temporary injunction to prevent further seizures of delta-8.
State Police Raid Stores Selling Delta-8 Products
During the past year, several state police raids have been conducted on stores that sell Delta-8 products in Kentucky. The raids and seizures are causing headaches for lawmakers and retailers alike.
Delta-8 is a THC product that is extracted from cannabis. While it is a legal product in most states, it is not legal in Kentucky. It is not exempt from the federal controlled substance list, and distributing products containing it could lead to criminal charges.
While delta-8 is not the only THC product on the market, it is the one that has caused the most headaches for retailers and lawmakers. The state Department of Agriculture has circulated an advisory opinion stating that Delta-8 is not legal in Kentucky.
The Kentucky Hemp Association has filed a lawsuit against the state in hopes of stopping the raids and seizures. The organization argues that the raids and seizures are an improper way to enforce the state’s hemp laws.
Senate Bill 170 Would Regulate Delta-8 Products
Attempts to ban delta-8 products in Kentucky have been ongoing for years. In February 2022, Kentucky lawmakers introduced Senate Bill 170. It would prohibit the manufacture, sale, or distribution of “intoxicating hemp-derived products.” The bill has not yet reached Governor Andy Beshear. However, it has passed the Senate Committee on Agriculture.
Delta-8 THC is a product derived from hemp. The compound is similar to delta-9 THC but has slightly weaker effects. It is used to treat migraines, PTSD, arthritis, and pain. The FDA says Delta-8 THC is a controlled substance. The state department of agriculture warns growers and processors that distributing delta 8 THC is illegal.
Law enforcement has also raided delta 8 vendors. During the raids, police confiscated hemp-derived products and arrested store employees. The Kentucky Hemp Association sued the state in an effort to stop the raids.
The Boone County Circuit Court ruled in favor of the Kentucky Hemp Association. The judge granted a temporary injunction that stops police from raiding delta-8 vendors.
