Is Delta-8 THC Legal in Kentucky?
Yes, Delta-8 is LEGAL in Kentucky
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What is Delta-8 THC?
Delta-8 THC is a type of cannabinoid found in cannabis plants that has been shown to have anti-inflammatory effects, making it an alternative for people who are allergic or sensitive towards traditional painkillers. But before you try this chemical substance with no understanding what the side effects may be like, make sure you know exactly what delta-8 THC really means and how it might affect your health!
What is the Difference Between CBD and Delta-8 THC?
You may want to know the difference between delta-8, delta-9, and CBD. Delta-8 isn't as potent or intoxicating like delta-9 THC found in marijuana but it still has an effect on your body when consumed. On the contrary though is CBD which doesn’t have any type of high feeling associated at all due to being non-psychoactive.
How is Delta-8 THC Related to Cannabis and Hemp?
There are many different types of cannabis, but the main difference is in concentration. The three species that comprise it-Cannabis sativa Cannabis indica and Cannabis ruderalis each have their own unique varieties with varying potencies depending on how much THC or CBD they contain.
The Farm Bill has officially legalized hemp-derived products containing small amounts of THC. As such, there was a legal loophole created when it comes to delta-8 THC. This means that these new drugs are now available in most states, even if marijuana is still illegal; however many states have begun creating frameworks and regulations for the legality of this specific type of drug.
Why are Some States Banning Delta-8 THC?
The answer is a bit complicated, but it boils down to the psychoactive compounds of cannabis being illegal in others and competition for fledgling marijuana businesses. Until there's an official regulatory framework governing these products altogether, many other states will continue their ban on it as well.
The Farm Bill has officially legalized hemp-derived products containing small amounts of THC. As such, there was a legal loophole created when it comes to delta-8 THC. This means that delta-8 THC products are now available to consumers in most states, even if marijuana is still illegal. However, many states are beginning to create a legislative and regulatory framework to address the legality of delta-8 specifically.
As of 5/2021, delta-8 THC is LEGAL in Kentucky under KRS 260.850 to 260.869.
The law reads as follows:
KRS 260.850 TO 260.869 INDUSTRIAL HEMP
(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;
With additional information addressed in 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;
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