A potential bill is circulating among Kentucky lawmakers that would ban Delta 8 THC sales and production in the state. Under this bill, all forms of “intoxicating products” made or derived from industrial hemp would become banned in Kentucky. This would not only include Delta 8, but also Delta 10, THCO, and THCP to name a few.
Additionally, this bill would ban smokable hemp cigarettes and cigars, smokeless hemp products, whole hemp buds, hemp tea, and ground hemp leaves. This potential bill comes after the Kentucky Department of Agriculture (KDA) released a statement in April 2021. This statement explained that Delta 8 was a controlled substance in Kentucky, despite hemp laws saying otherwise.
“I am writing this letter to advise you that Delta-8 THC is a Schedule I controlled substance under federal law and Kentucky law; that distributing products containing this substance is illegal; and distributing such products could lead to your expulsion from the hemp licensing program as well as potential exposure to criminal prosecution,” the statement read.
Since then, several licensed hemp stores across the state saw raids by the Kentucky Police.
Lawsuit
In response to these store raids, the Kentucky Hemp Association (KHA), filed a lawsuit against the KDA commissioner and the Kentucky police department. KHA retained Attorney Chris Wiest to represent them and many others in a lawsuit against the KDA. Wiest sent a letter to the Department of Agriculture asking KDA to correct their letter on Delta 8’s legal status.
“It is clear that Delta-8-THC is not prohibited under federal law, provided it is derived from hemp that does not exceed the 0.3% delta-9-tetrahydrocannabinol on a dry weight basis threshold, and is not contained in a product that exceeds the 0.3% delta-9- tetrahydrocannabinol on a dry weight basis, it appears that your Guidance is in error,” the KHA letter said.
“But more than that, because the Guidance is being enforced as a substantive matter, it is in contravention of multiple provisions of KRS Chapter 13A (and, as it turns out, is also prohibited under Kentucky law that expressly permits the manufacture of hemp, under both the federal and state definitions that are identical).”
KDA did not change their stance on Delta 8, so the KHA lawsuit moved forward.
Delta 8 Trial
The preliminary steps of a trial have taken place in Kentucky. On December 16, KHA stood before Judge Brueggerman’s court in Boone County. There, they motioned for a temporary injunction halting raids on stores selling Delta 8. Texas saw a similar action last October when the state’s Department of Agriculture also stated Delta 8 was illegal. A full trial for KHA will most likely not take place until April 2022.
In the meantime, lawmakers could introduce the bill to ban all intoxicating cannabinoids derived from hemp, such as Delta 8. This would be a huge loss to Kentucky for retailers, consumers, and growers. Hemp legalized in Kentucky and they have seen a significant increase in production and consumption around hemp and Delta 8. If Kentucky bans Delta 8, consumers would purchase Delta 8 in surrounding states, like Indiana, Ohio, Illinois, and Tennessee.
Future
The potential bill to ban Delta 8 in Kentucky is currently circulating around. However, the potential bill remains on the sidelines. No official introduction into the House or Senate has taken place yet. Therefore, lawmakers aren’t officially discussing the ban. Lawmakers are currently discussing medical cannabis bills as more and more states legalize medical cannabis for qualifying patients. Mississippi is the most recent state to legalize medical cannabis earlier this year. Alabama also legalized medical cannabis in mid-2021.
KHA is still moving forward with their lawsuit against the KDA and Kentucky police department. As more information becomes available, we will update you with the latest.
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