Is Delta 8 Legal in Kentucky? A Fiasco

Is Delta 8 Legal In Kentucky?

The state of Kentucky is in a reality that I don’t think anyone pushing for cannabis legalization wishes their state to be in. This is a state without a medical program, and the Kentucky Department of Agriculture seems hell bent on keeping the legal hemp industry as down as they can. So, is Delta 8 legal in Kentucky?


Delta-8 THC is the compound that Kentucky’s state laws is currently attempting to attack, arguing that under federal law, Delta 8 remains a schedule I controlled substance. 


The United States senate passed the 2018 Farm Bill under President Trump, and “poor wording” or not, under the stipulations that were put into the bill, Delta 8 is legal. The problem with the cannabis plant is how unbelievably complex it is. 


We are still discovering more and more about it, but both Republicans and Democrats are blocking science from progressing in a natural way. In Kentucky, a Republican run state, one can see how backwards many of these states’ hemp laws really are. Delta 8 THC is legal, federally legal in fact, under the 2018 Farm Bill.

The Kentucky Hemp Association is obviously furious at this treatment, and is looking to sue the state for this.


The DEA classifying it as a controlled substance, while the government releases a bill intended to boost hemp programs, and hemp farmers, is contradictory. Why is the government working against itself on this issue? 


Delta 8 is a hemp product, when derived from hemp. The governments in some of these states attempting to treat this substance that has contributed to ZERO deaths worldwide, as heroin and other hard drugs, is ridiculous.


How Can Kentucky justify this? Is Delta 8 Legal in Kentucky?


Considering that Kentucky recently ranked 8th in terms of having a drug problem, the fact that they are so preoccupied with cannabis and Delta-8, is maddening. Kentucky is one of the few states left that does not even subscribe to a medical marijuana program. This means that a citizen of Kentucky that might have a medical condition such as cancer, cannot use a plant that can actually help them. 


Their government has no problem however, pushing cigarettes and making exorbitant amounts of money off of it. Kentucky has consistently ranked in the top 5 within the country in terms of cigarette usage, while having some of the strictest drug and alcohol laws in the entire country.


Kentucky State Police and their local legislators are citing a letter sent in April 2021 . They stated:


 “As you know, in 2018 Congress created a narrow exemption from the Controlled Substances Act’s definition of ‘marijuana’ for hemp that contains not more than 0.3% total Delta-9 THC. Cannabis with total Delta-9 THC in excess of that threshold remains a Schedule I substance,” Quarles said in his letter. “There is no equivalent exemption for Delta-8 THC. That being the case, the manufacture and marketing of products containing Delta-8 THC, in any quantity or concentration level, remains prohibited by federal law.”


This just is not the case. Companies have been selling Delta 8 THC in a number of products, from vape cartridges, to edibles, to much more. Kentucky is no exception to this, as they see a growth potential in a market, the hemp industry. 


This is an industry that was having an immense amount of trouble getting itself out of a hole with the CBD industry, something that many had seemed to lose interest in. CBD does not offer the same recreational value as Delta 8, as it is mainly used for inflammation relief as well as pain relief. It is also non-intoxicating, meaning that its users will not be receiving any sort of “high.”

Delta 8 Moonrocks



Delta 8 is different, as it offers users a high albeit different from its Delta 9 counterpart. It is not as psychotropic, and offers around 65-75% of the intoxicating qualities as Delta 9. It also has anecdotal evidence offering different positive effects from Delta 9. Research has suggested that Delta 8 can produce Acetylcholine, a neurotransmitter responsible for memory, cognition, and neuroplasticity. 


NOTE: These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.


So given all of this, you think Senators Rand Paul and Mitch McConnell would see the money in the industry and see it as a perfect opportunity for their state and the country to break out of some of the debts that were caused by this pandemic. But alas, they continue to push dated, uninformed legislation that has helped contribute to much of the issues between the police and the average American, in particular African Americans.

Mcconell rand paul

This is a state that is putting people in zip ties for selling Delta 8, to put it in perspective how backwards this state is. They are treating people who are selling a hemp derived product as criminals. This needs to change, and the Kentucky state government should be ashamed of themselves for treating their citizens this way.

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