Are you confused regarding the Delta 8 laws in Kentucky and thinking, is Delta 8 legal in Kentucky? The Delta 8 laws have been changed several times in the last 2 years. So it can be very confusing to understand the current position of the legality of Delta 8 in Kentucky. But we are here to help you clear all your confusion, read the complete article to know it all.
Whether Delta 8 Is Legal In Kentucky?
Yes, Delta 8 is legal in Kentucky, both under federal laws as well as Kentucky laws. There is no particular federal law that says that Delta 8 is legal, it is only legal because of a loophole in the 2018 Farm Bill. Whereas in August 2022, a judgment came that made Delta 8 Kentucky legal.
The Background: Is Delta 8 Legal In Kentucky?
Earlier Delta 8 was legal in Kentucky but in April 2021, Kentucky’s Department of Agriculture released a paper stating that Delta 8 falls under Schedule 1 so it is a controlled substance under federal law as well as Kentucky law.
After the release of this statement, many incidents were reported where the Kentucky police raided the Delta 8 retail shops and vendors seized their products. As a result of all this, the Kentucky Hemp Association filed a lawsuit against the Police and the Kentucky Department of Agriculture, stating that Delta 8 is completely legal under both federal law as well as Kentucky law.
Later, Judge Rick Brueggeman declared on 7th August 2022 that Delta 8 is completely legal in Kentucky. A permanent injunction was issued against the laws under which the production and sale of Delta 8 products were considered criminal activity.
What is Delta 8?
Now that you know, is Delta 8 legal in Kentucky, let’s understand what Delta 8 is? Delta 8 or Delta 8 tetrahydrocannabinol is a hemp plant extract. It is a psychoactive substance, which means that it can get you high, though its effect is not as high as Delta 9. It does not make you anxious, restless, or unconscious. Instead, it makes your body relax and gives you a euphoric experience.
You can buy Delta 8 weed in the form of gummies, capsules, tinctures, oils, drinks, etc. But you especially have to be careful of low-quality products. You should keep it away from the reach of children and pets, it can be harmful to them. Also, you should consult with your doctor to know your Delta8 tolerance to avoid overdosing.
It has several health benefits. It can make you feel relaxed and stress-free. Many people use it for its anti-inflammation properties. It is just like Delta 9, just a milder and less intoxicating THC.
Delta 8 Future in Kentucky
Honestly, Kentucky Delta 8 future does not seem to be bright because of Senate Bill 170. In February 2022, a Kentucky legislator filed for Senate Bill 170. If that bill is passed, then the use of Delta 8 and all other hemp-derived cannabinoids will be banned in Kentucky.
Lawmakers are trying their best to pass this Bill so that they can ban Delta 8 THC Kentucky. And also criminalize the sale and production of the best Delta 8 products and other cannabinoids. Instead of banning it completely, they should actually regulate the use and amount of Delta 8 like THC. There is a proper law that allows only 0.3% or less THC in any cannabinoid product.
States Where Delta 8 is Not Legal
There are several states where Delta 8 is illegal. Currently, there are 14 such states, Alaska, Colorado, Delaware, Idaho, Lowa, Montana, New York, Nevada, North Dakota, Oregon, Rhode Island, Vermont, Utah, and Washington.
Other states are making laws to regulate or ban Delta 8 and its use.
Currently, Delta 8 is legal in Kentucky but its future is in danger. After a lot of chaos around this topic, Judge Rick Brueggeman declared on 7th August 2022 that Delta 8 is completely legal in Kentucky. But the legislators are trying their best to pass Senate Bill 170. It will completely ban the use and production of Delta 8 and other cannabinoid products in Kentucky and will criminalize its sale and production.
Yes, it is true that there is no particular law that makes Delta 8 legal. It is only the 2018 Farm Bill loophole that makes it legal, but instead of completely banning it, the government should try to make laws to regulate the use and production of Delta 8.
After all, Delta 8 has several health and medical benefits. It helps in treating muscle and joint pain, body ache, bad sleep, depression, and anxiety. It holds anti-inflammation and anti-cancerous properties. A ban on Delta 8 will result in a ban on the treatment of all these diseases which is not in favor of the public.
FAQs- Frequently Asked Questions
Q1- When did delta-8 become illegal in Kentucky?
Technically Delta 8 was never illegal in Kentucky but the Kentucky Department of Agriculture released a paper in April 2021, stating that Delta 8 is illegal as per federal as well as Kentucky law. After this, the police started taking action against the Delta 8 retailers and vendors.
Later the Kentucky Hemp Association filed a lawsuit against it and in August 2022 the final judgment came, legalizing Delta 8 and other cannabinoid products. Still, Senate Bill 170 is about to pass which will ban Delta 8 and all other cannabinoid products.
Q2- Can you buy delta-8 carts in Kentucky?
Yes. And not only Delta 8 carts, but you can also freely buy other Delta 8 and most potent CBD products. Because, after the final judgment by Judge Rick Brueggeman on 7th August 2022, all cannabinoid products are legal in Kentucky.
Q3- What States is delta-8 not legal in?
Currently, Delta 8 is illegal in 14 states, Alaska, Colorado, Delaware, Idaho, Lowa, Montana, New York, Nevada, North Dakota, Oregon, Rhode Island, Vermont, Utah, and Washington. Other states are also making laws to regulate or ban Delta 8 and its products.