Is Delta 8 THC legal in Kentucky?

Yes, Delta 8 is legal in Kentucky

Is Delta 8 legal in Kentucky?

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bipartisan bill passed by both chambers of the Kentucky Legislature will be subject to Delta-8 THC products sold in the state to testing, labeling, and age-restriction requirements starting August 1, 2023. The bill is expected to be signed into law by Democratic Gov. Andy Beshear.

Kentucky, a national leader in hemp production, is the latest state to regulate products containing hemp-derived intoxicating cannabinoids, including delta-8 THC, an isomer of the more prevalent delta-9 THC. This move follows Virginia's recent approval of strict restrictions on delta-8 products, which hemp advocates say would harm the existing industry. 

Both cannabinoids occur naturally in the cannabis plant. However, delta-8 THC has become increasingly popular in the US since the passage of the 2018 Farm Bill, which legalized hemp production and products nationwide.

Last autumn, a Kentucky court ruled that delta-8 THC is legal. Gov. Beshear subsequently issued an executive order directing state regulators to impose labeling and packaging requirements on such products sold in the state. 

In response, the Kentucky Legislature passed House Bill 544, which calls for state health regulators to establish testing and labeling requirements for contaminants and active ingredients by August 1. The bill also sets an age restriction, prohibiting the sale of delta-8 products to anyone under 21.

KRS 260.850 TO 260.869 INDUSTRIAL HEMP 

260.850 Definitions

(5) “Industrial hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis;

(6) “Industrial hemp products” means products derived from, or made by, processing industrial hemp plants or plant parts;

Legal document found HERE

40 KRS 218A.010

218A.010 Definitions for chapter.

(27) “Marijuana” means all parts of the plant Cannabis sp., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin or any compound, mixture, or preparation which contains any quantity of these substances. The term “marijuana” does not include:

(a) Industrial hemp that is in the possession, custody, or control of a person who holds a license issued by the Department of Agriculture permitting that person to cultivate, handle, or process industrial hemp;

(b) Industrial hemp products that do not include any living plants, viable seeds, leaf materials, or floral materials;

(c) The substance cannabidiol, when transferred, dispensed, or administered pursuant to the written order of a physician practicing at a hospital or clinic affiliated with a Kentucky public university having a college or school of medicine;

(d) For persons participating in a clinical trial or in an expanded access program, a drug or substance approved for the use of those participants by the United States Food and Drug Administration;

(e) A cannabidiol product derived from industrial hemp, as defined in KRS 260.850; or

(f) A cannabidiol product approved as a prescription medication by the United States Food and Drug Administration;

Legal document found HERE

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Yes, Delta 9 is legal in Kentucky

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Yes, HHC is legal in Kentucky