Is Delta 8 THC Legal in Kentucky?
The State of Kentucky has been making headlines lately. With the legalization of medical marijuana, many people are asking if Delta 8 THC is legal in Kentucky? The answer to that question may come as a surprise, but Delta 8 THC is not only legal in Kentucky, but also federally. As long as it contains less than a .3% delta-9 tetrahydrocannabinol concentration (Delta 9-THC) as measured on a dry weight basis, it can be purchased without worries.
Additionally, adults in Kentucky can enjoy some of the other psychoactive cannabinoids, too. Those such as HHC and Delta 9 THC for sale can be purchased online as long as the products meet the legal limits. THC legalities in the state have been changing making some coin the term, “Delta 9 Kentucky” for the favorable laws. Hemp lovers enjoy the euphoric effects of THC, however, let’s dive-in and see what the state laws say about Delta-8, specifically!
Yes, Delta 8 THC is legal in the State of Kentucky.
According to the DEA Controlled Substance list, Delta-8 THC and all other “Tetrahydrocannabinols” are a Schedule I drug under DEA Number 7370. You can find the DEA controlled substance list on this website…
“Delta-8 THC is unrelated to the 0.3 percent delta-9 THC limit…”
This interim final rule merely conforms DEA’s regulations to the statutory amendments to the CSA that have already taken effect, and it does not add additional requirements to the regulations.
Current Kentucky Delta-8 Legislation
Many of the related statutes refer to the state’s industrial hemp program, however, within the 218A.010 Statute we see how lawmakers made exceptions within the state’s controlled substances list to exclude industrial hemp from being classified as marijuana. In this statute, they state the following:
Kentucky Industrial Hemp Act
Any hemp product with a delta-9-THC concentration in excess of zero and three-tenths (0.3) percent.
List of controlled substances
(a) Cannabis plant material, and products made therefrom, that contain tetrahydrocannabinols pursuant to the exemption established in 21 C.F.R. 1308.35; and
(b) Any substance or product exempt from the definition of marijuana pursuant to KRS 218A.010(27)(a) – (f).
Buying and Shipping Delta 8 in Kentucky
Advocacy Groups in Kentucky Supporting Delta 8 and Hemp Laws
Kentuckians for Medicinal Marijuana
News stories covering raids or busts on Delta 8 Products and stores in Kentucky
“A Foundation for a Healthy Kentucky’s Health Issues Poll last year found 59% support for allowing adults to buy and use cannabis “under any circumstances” while 49% of respondents supported recreational cannabis legalization.”
– TG Branfalt Ganjapreneur.com