Did Kentucky Truly Ban Delta 8 THC? Depends on Who You Ask

Kentucky is all for the cultivation and production of hemp and hemp-derived products — except for delta 8 THC. The legal status of this compound got a bit complicated after the statement by the Kentucky Department of Agriculture that “banned” its use. 

Was this statement valid? Is delta 8 legal to buy in the Bluegrass State? Let’s look at the current legal status of delta 8 in Kentucky.  

Is Delta 8 THC Legal in Kentucky? 

Delta 8 THC is in a gray legal area in Kentucky. The Bluegrass State appeared to ban the distribution and sale of delta 8 THC products, but questions remain. 

What is Delta 8 THC? 

We all know of delta 9 THC as the traditional THC component that gets you intoxicated or “high.” This cannabinoid is known as the main psychotropic component in cannabis, but it’s not the only one. Delta 8 THC is another isomer of THC with a slightly different chemical structure and less potent psychotropic properties. 

According to research, delta 8 also has an affinity towards the CB1 receptors in the brain — known to cause the psychotropic action of THC cannabinoids. Because delta 8 has a different chemical structure from delta 9, it’s twice less potent and exhibits milder effects. Users report feeling a lighter “euphoric high” without the anxiousness and overstimulation. 

Buying Delta 8 THC in Kentucky

If you decide to buy delta 8 in Kentucky, online is the place to go for the highest potency and top quality. Crazy8s specializes in pure delta 8 extracts and is here to offer expert advice on which product works best for you. 

We offer both pure delta 8 isolates and potent cannabinoid blends. Our team has over six years of experience, so we always warn customers against buying these products from a third-party seller. Often, they are unreliable and offer cheap items, so it’d be best to buy directly from the manufacturer. 

Crazy8s is a leading supplier of tested and highly potent delta 8 THC gummies, capsules, pre-rolls, and vapes. Our products have been tested by a third-party, certified lab and come with a Certificate of analysis. 

If you love snacking, you’ll enjoy these delta 8 gummies that come in three options: 10mg, 20mg, and 50mg. Aside from being incredibly tasty and of the finest quality, they are extra potent and infused with pure delta 8 distillate. 

Our gummies are a non-toxic, vegan-friendly recipe that serves your daily needs for delta 8 THC. Start with the 10mg option and see how your body and mind will react to them if you’re a beginner. Gummies take approx. 30-40 minutes to work, but once they do, the effects last for hours. This makes our gummies the perfect pre-bedtime treat. 

Is Delta 8 THC Legal in Kentucky?

Delta 8 THC is in a gray legal area in Kentucky. The state Department of Agriculture classified the substance as illegal, but no formal rulemaking took place.

The legal status of delta 8 remains unclear in the Bluegrass State. In a letter, the state’s Department of Agriculture stated that “delta 8 THC is a Schedule I controlled substance under federal law and Kentucky law.” After this warning was issued, Kentucky police raided a few stores selling this cannabinoid.

But, given that the Kentucky Department of Agriculture is not an authority that could change the law, and delta 8 is not a banned substance federally, the statement doesn’t hold ground. Therefore, many stores continue to offer products containing delta 8 THC in the Bluegrass State.  

The new bill (House Bill 307), which Kentucky’s Governor signed on March 25, 2021, effectively outlawed all THC isomers, including “synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity.” 

However, this is not the reason why the department attempted to ban the substance. The department claims that delta 8 is illegal because it’s listed as a controlled substance by the DEA, which is debatable and not entirely true. This puts delta 8 in a gray legal area in this state until further notice.  

What Does the Future Hold?  

Kentucky is one of the last states without a medical marijuana program and is on the verge of creating one. Given the stringent views towards cannabis in general, it’s likely that the state will formally ban or regulate delta 8 THC as part of its future medical marijuana program. Recreational marijuana continues to be prohibited in the Bluegrass State. 

Is Delta 8 THC Legal Federally?

After two years on the market, delta 8 THC products remain unregulated on a federal level. The legal status of this cannabinoid remains murky as the US Food and Drug Administration issued a warning on the risks and dangers of using this cannabinoid. 

In 2020, there was an attempt to clarify the legal status of this compound when the Drug Enforcement Administration released its Interim Rule. In it, the agency stated that “all synthetically derived tetrahydrocannabinols remain Schedule I controlled substances.”

The collision here is between the 2018 Farm Bill, which has no effect on synthetic cannabinoids, and the potentially synthetic nature of delta 8 THC. Most delta 8 products on the market are made from delta 8 made through isomerization of cannabidiol. The Farm Bill effectively removed THC from hemp from the list of controlled substances. This means that all hemp derivatives naturally extracted from the plant are legal under the bill. 

Because delta 8 is made through isomerization, it could be deemed “synthetic” and fall under the regulation of the DEA. The industry is expecting further clarification in the next interim rule, so only time will show the agency’s stance on this cannabinoid. For now, delta 8 products are readily available for sale in most states and are likely legal federally. 

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.