Delta-8 is a man-made cannabinoid that has been legalized in the United States. While Delta-8 THC is still technically legal under federal law, there are many strict state laws that have banned D8 products.
This means Delta-8 being legal federally in the US does not automatically mean Kentucky will legalize its medicinal or recreational usage statewide. Because of how strictly KY laws cannabis, using Delta-8 would be illegal, and possessing it might get you in criminal penalties if you were to get caught with it.
To put things into perspective though, here is what has happened in other states with regards to legalizing Delta-8.
The Game-Changing 2018 Farm Bill
With the passing of the 2018 farm bill, which stated that hemp is legal, Delta-8 THC was made legal federally to be produced from industrial hemp.
This means that you can get approval for your research or use if it is being grown under an approved pilot program for industrial hemp containing less than 0.3% of the psychoactive ingredient THC, which KY has not done yet.
Delta-8 In KY Is Legal Federally for Research Purposes Only
Despite the passing of the 2018 Farm Bill in congress allowing Delta-8, only universities with official state documentation can produce and study Delta-8 legally according to the attorney general’s guidance issued in August 2019.
There are three universities allowed by the Kentucky Board of Agriculture (KBA) to do this: The University of Louisville, Transylvania University, and Murray State University.
As of now D8 cannot be sold to the public or used recreationally in Kentucky. These universities are limited to research only, and there is no set date for when permission will be given by KBA to sell D8 products to the public.
Delta-8: Still Fully Banned In KY
Although it is legal federally, that does not mean that Delta-8 THC is legal in other states with stricter laws on cannabis like KY. KY state law still strictly bans all forms of marijuana derivatives and leaves no room for interpretation.
This means regardless of if you have a medical card or were carrying it illegally, being caught with Delta-8 would get you criminal charges under state law despite federal legality in other parts of the US.
No Delta-8 Dispensaries allowed in KY
As of now, it is also illegal to have a dispensary for selling Delta-8 in Kentucky, so the only way you can legally purchase it is if you go through one of your three above-mentioned universities.
There is a possibility that it will likely be legalized eventually in KY since hemp and CBD are now legal nationally in the US. The first steps toward legalization might come sooner than we would expect though as some of KY’s most populated counties have started asking lawmakers about legalizing medical marijuana.
As the people of Kentucky continue to show interest in legal medical marijuana, they might change their laws on Delta-8 THC in the future. Until then it will stay illegal to possess or sell under state law while remaining federally legal in the US.
Is Marijuana Legal in Kentucky?
Marijuana and cannabis are considered schedule 1 substances, hence illegal for recreational or medicinal purposes.
Any person found to be in possession of these may face a fine up to $250-, and 45-days jail time.
How Is It Extracted?
Delta-8 THC and many others like it are made from hemp oil, a substance containing trace amounts of THC (less than 0.3 percent). To produce Delta-8 THC, an extract from the whole plant is used to make a concentrate that can then be manufactured into products such as tinctures, massage oils, and edibles.
To be considered legal, these products must have no more than 0.3 percent of Delta 9 THC (the psychoactive compound found inside the flower of the marijuana plant).
Is Delta-8 Legal in All 50 States?
Delta-8-THC is federally legal under the Hemp Farming Act of 2018, but each state has the right to determine its own stance on Delta-8. Delta-8-THC is illegal in Kentucky according to state law. So far, only 11 states in total have banned D8 products.
These include Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Kentucky, Idaho, Iowa, Michigan, Mississippi, Montana, New York, North Dakota, Rhode Island, Utah, Vermont, and Washington.
The state of Colorado banned D8 THC once their hemp farms were prepared to enter commercial production at the end of 2018. But as long as you have a government license to grow it, you can continue producing high-THC hemp if you’re located in one of these states or cities without penalty from the law.
But even though Delta 8 is federally legal and considered safe for human consumption by many experts across multiple industries…this cannabinoid isn’t legal in Kentucky yet!
Can You Purchase Hemp Seeds in Kentucky?
Hemp comes from the same family of plants as marijuana but only contains 0.3% THC or less, making it an extremely low-THC and safe alternative to smoking Marijuana for those who want their feet in both worlds, so to speak.
So yes, this means you can purchase hemp plants and seeds at Kentucky stores legally because there are no laws against growing hemp products! But it’s not considered legal to sell anything with Delta 8 content until/unless Kentucky specifically changes its stance on D8 rules and regulations.
Can You Buy D8 Products Online?
Delta-8 can be easily bought online and delivered to your home. Now before you go running out the door and try buying some D8 online, make sure your state also has laws in place that allow you to purchase as well as consume these products.
Make sure you’re up to date on your state laws before hitting the “submit order” button online.
You can also check with your local government office for updates. This way when you go to purchase it—it’s 100% legal!