The Kentucky Hemp Association (KHA), along with hemp farmers and retailers, received exciting news regarding their lawsuit against the state. In August, the Kentucky Department of Agriculture (KDA) issued a statement on Delta 8 THC. KDA considered Delta 8 THC illegal under state law. KDA, along with the Kentucky State Police (KSP) raided retailers who refused to stop selling Delta 8 THC products. Therefore, KHA filed a lawsuit against KHA and KSP for illegally raiding locations across the state. 

“We are not criminals,” said the CEO of Hemp Wellness Center in Louisville, Dee Dee Taylor. “These raids are being conducted by an opinion letter from the state agriculture department.”

On February 28, Presiding Judge Richard Brueggemann issued a temporary injunction against KDA and KSP. These organizations couldn’t continue with their criminal prosecutions, revoke hemp licenses, or other negative actions connected to Delta 8 THC. 

“A huge shout-out to the judge for upholding the rule of law,” said a local CBD producer. “The Kentucky Department of Agriculture and Kentucky State Police need to realize that threatening hemp licensees and Kentucky consumers with a criminal offense for a legal hemp product is not cool. When a judge is quoting the Declaration of Independence in a ruling against governmental agencies, KDA and KSP might want to reexamine their priorities.” 

Kentucky Senate Ban

Just one day later, KHA and hemp supporters received another blow. The Kentucky Senate moved forward with SB 170. This bill had circulated around to senators before it’s introduction. This happened in order to gain support for permanently banning Delta 8 THC from the state overall. March 1 saw the Senate Agriculture committee approve of SB 170, sending it to the next committee for discussion. 

KHA president Katie Moyer spoke before the Senate Agriculture committee before they voted on their decision. “We want to be able to show that these are clean products that came from Kentucky farms and that customers and especially law enforcement knows exactly what’s being sold,” she explained. 

On the contrary, KDA’s General Counsel Joe Bilby spoke in favor of SB 170. “The main point of this bill, sir, is to resolve, sweep aside any ambiguity and make clear as a matter of state law, from this point forward intoxicating substances like Delta 8 THC remain prohibited in the Commonwealth.”

Despite KDA’s support for SB 170, hemp farmers and producers continue to speak out against it. One hemp processing company said he would have to move to Tennessee should the ban move forward. His company extracts around 15,000 pounds of hemp every day and employs hundreds of young Kentuckians. 

“We believe keeping young talent in Kentucky is instrumental to the growth and innovation in the commonwealth,” the company owner said before the same Agriculture committee that voted against his local business. “This ban would be catastrophic to the Kentucky hemp farmer, the hemp industry, small businesses and the young workforce.”

Next Steps for SB 170

It’s unclear where the Kentucky Senate ant other lawmakers will take SB 170 or how Governor Andy Beshear will respond. He previously stated he wanted to allow farmers to sell hemp and medical cannabis to other states. According to Governor Beshear, this would increase the revenue for Kentucky. There has been no response yet from his office regarding the legality of Delta 8 THC. As more information becomes available, we will update you with the latest. 

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