SB 170, which looks to ban Delta 8 THC sales, consumption and manufacturing, passed the Senate with 23-13 in favor. Senator Paul Hornback, SB 170’s sponsor, expressed concern over children and young adults with access to Delta 8 at gas stations and convenience shops without regulation.
“I strongly believe Delta 8 is a product that should not be sold the way it is,” said Senator Hornback. “The federal government was supposed to make regulations on it the last two years but have not. There’s nothing now to stop a 10-year-old from buying it.”
However, several hemp retail stores, along with the Kentucky Hemp Association (KHA) spoke out against the ban. Even before SB 170 was introduced into the Kentucky Senate this regular session, KHA sued the Kentucky Department of Agriculture (KDA) along with the Kentucky State Police (KSP).
Delta 8 Temporary Injunction
In the summer of 2021, members of the KSP raided several hemp retail stores selling Delta 8 THC after an opinion came from the KDA stating Delta 8 THC was illegal. But the KDA is not a law changing agency. Therefore, their released opinion is only an opinion and shouldn’t be acted upon. But the KSP acted on this opinion by raiding and threatening to detain store owners who didn’t turn over their Delta 8 products.
“We are not criminals,” said the CEO of Hemp Wellness Center in Louisville, Dee Dee Taylor in response to KSP raiding stores in the area. “These raids are being conducted by an opinion letter from the state agriculture department.”
In response to the raids, KHA sued both the KDA and the KSP for illegally raiding stores selling a product legal under the state’s hemp laws. In December 2021, KHA had its day in court. A verdict from Presiding Judge Richard Brueggemann came at the end of February. He issued a temporary injunction against the KDA and the KSP. These organizations could no longer continue with their prosecutions, revoke hemp licenses for retailers and manufacturers, or conduct other negative actions connected to Delta 8.
Potential SB 170 Amendment
But the Kentucky Senate moved forward with their ban on Delta 8 bill. This moved SB 170 to the House for debate and a potential vote. But shortly after receiving the bill, Senator Hornback reached out to House members to wait on voting on SB 170. He wants to add on a potential amendment to not outright ban Delta 8 from the state, but make sure Delta 8 products are behind the counter of stores and only sold to adults 21 and over. This gained positive attention from hemp retailers and producers previously against SB 170.
“I totally opposed the initial bill and I think it was misguided for him to suggest Delta 8 was being sold to children,” said Katie Moyer, the President of KHA. “Most retailers will not sell Delta 8 to children. I agree with him that the buyer should be at least 21 and the product be behind the counter.”
Another member of the KHA, Dee Dee Taylor, spoke about the potential amendment to SB 170. “We only sell Delta 8 to people 21 and up,” she said, referencing her own store. “There may be some gas stations that sell it to people younger so I have no problem with limiting it to people at least 21. Elimination of all Deta 8 would decimate the hemp industry.”
Next Steps for SB 170
With the end of the 2022 regular session set for April 15 in Kentucky, lawmakers are running out of time to discuss the ban on Delta 8 THC, along with House approved medical cannabis legalization. The House is still waiting on Senator Hornback’s amendment regarding Delta 8 before they move to vote on the issue. Should they approve the amendment and the bill, then an amended version of SB 170 will return to the Senate. The Senate will need to agree with the amendment before it moves to Governor Andy Beshear, D, for his signature.
As more information becomes available, we will update you with the latest.
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