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Can I Use Delta-8 THC in Kentucky? What You Need to Know


As of August 1st, 2023, Delta-8 THC is legal in Kentucky, but there are important regulations to be aware of. This update comes after a legal battle between the Kentucky Department of Agriculture and the state's Hemp Association. While Delta-8 THC remains legal, new regulations are being implemented to ensure its safe use by adults and prevent access by minors.


Delta-8 THC is indeed legal to sell in Kentucky, following the resolution of a legal dispute that extended through 2021 and early 2022. It is legally classified as "hemp" in the state, despite efforts by the Department of Agriculture to argue otherwise. Kentucky's House Bill 197, enacted in 2019, legalized hemp using the same definition as the federal government's 2018 Farm Bill. Attempts to claim that Delta-8 THC was not exempt from controlled substances legislation were rejected in court, confirming its legality in the state under HB 197.


Delta-8 THC Legislation Timeline

The journey of Delta-8 THC's legal status in Kentucky has seen its share of twists and turns. HB 197 unintentionally legalized it in 2019. In 2021 and into mid-2022, a legal dispute between the Kentucky Department of Agriculture and the state's Hemp Association created confusion.


The court ultimately ruled in favor of the Hemp Association. Governor Andy Beshear's executive order in November 2022 explicitly declared Delta-8 THC as not a controlled substance in Kentucky. Finally, on March 23rd, 2023, HB 544 was signed into law, establishing comprehensive regulations for intoxicating hemp products, including Delta-8 THC.


Delta-8 THC and the Federal Level

The federal legal status of Delta-8 THC is not entirely clear. While the industry contends that the 2018 Farm Bill legalized hemp, including all derivatives and cannabinoids, recent statements from the DEA suggest a different viewpoint. The DEA argues that modifying CBD to produce Delta-8 THC makes it a controlled substance, although this perspective lacks specific citation. Proposed rulemaking from the DEA regarding this matter has yet to be released.


Kentucky does not have specific laws addressing public consumption of Delta-8 THC. However, the state's medical marijuana law prohibits smoking, and many cities ban indoor smoking. Although no laws directly apply to hemp products, the recent medical marijuana bill indicates a likely stance against public smoking of hemp.


Delta-8 THC and Driving

Driving under the influence of Delta-8 THC is illegal in Kentucky. State law prohibits driving under the influence of any intoxicating substance, which includes Delta-8 THC. While the presence of THC in your blood is not punishable, impairment is the primary concern for law enforcement.


Traveling to Kentucky with Delta-8 THC is permitted as long as it complies with federal and state regulations. The TSA acknowledges the legality of hemp products at the federal level. It's advisable to carry a Certificate of Analysis (COA) for Delta-8 THC products to demonstrate their compliance with the Farm Bill.


The Future of Delta-8 THC in Kentucky

Delta-8 THC products remain legally accessible to adults in Kentucky. Recent legislation and regulations have provided clarity and structure to their use. While further changes are unlikely in the immediate future, it's essential to stay informed and ensure compliance with evolving laws. As you explore Delta-8 THC, remember that medical marijuana remains a well-regulated and reliable option, offering a structured framework for therapeutic use while adhering to state regulations.


A medical marijuana card provides legal protection and access to a wide range of products tailored to specific medical needs. Whether you choose Delta-8 THC or explore medical marijuana, it's crucial to make informed decisions and prioritize safety and legality.


Get Ready for Medical Marijuana in Kentucky

Medical marijuana will be legal in Kentucky in 2025! However, Kentuckians who qualify can receive a pardon for using medical marijuana purchased from other states, so get a recommendation as legal protection!


Cannabis is a natural, safe alternative medicine without the harsh side effects of many prescription drugs. If you think you could benefit from medical marijuana, you probably qualify!


Schedule an online evaluation with one of our knowledgeable, compassionate doctors or contact us at (833) 781-6360. Why wait longer than you must for the relief you've been missing?


You'll meet with your doctor virtually via a telemedicine appointment using your smartphone or computer, and together, you'll discuss your condition and decide if medical marijuana is right for you.


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