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Delta 8 and Kentucky State Law

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Delta 8 and Kentucky State Law

Delta 8 is a cannabinoid found within the cannabis plant. Recently, it became more easily accessible to the general public. But there is still some confusion on what it is and if it is legal to have and consume. So, let’s try to answer some of those questions and see what Kentucky law says about Delta 8.

First, let’s define Delta 8. This is a psychoactive cannabinoid found within the stalk of the cannabis plant and has some of the same effects that Delta 9 has. Delta 9 is the main cannabinoid that creates the high sense of euphoria that people strive for when they consume cannabis. Delta 8 is similar, but less potent. Because of this, it has become a preference among consumers because it’s a sense of high that they seek, without any of the strange side effects, like increased paranoia and anxiety. Also, because Delta 8 is different from Delta 9, that is what makes it legal. But legal how?

Federal Law

On the federal level, Delta 8 is legal for consumers to sell, produce, and purchase. This is because of the Farm Bill passed by the USDA in 2018. It defines what cannabis is compared to what industrial hemp is. The Farm Bill states:

“(1) HEMP.—The term ‘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 delta9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

Delta 8 is structurally different from Delta 9 on the molecular level. There is a double bond on the 8th carbon chain in Delta 8 and a double bond on the 9th carbon chain in Delta 9. This structural difference is how Delta 8 is less potent and more controllable than Delta 9. Since Delta 8 is structurally different, it’s final product doesn’t contain any Delta 9 within it, therefore it fits under the hemp definition and is legal to sell, produce, and consume across the states on the federal level.

But just because something is legal on the federal level doesn’t mean that it is legal in every state. There are different rules and regulations per state. What does Kentucky say about Delta 8?

Kentucky State Law

Kentucky has adopted the same definition of industrial hemp and Delta 8 as the Farm Bill that the USDA passed. That means that Delta 8 is legal within the state of Kentucky. The law specifically states

“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;”

Because Kentucky has adopted the same definition of industrial hemp as the Farm Bill, that makes Delta 8 legal within the state. Laws are always subject to change, so do your research before purchasing and consuming any Delta 8 products.

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