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Legality of Delta 8 THC Legal in Kentucky: in the Bluegrass State

Delta 8 THC Legal Status in Kentucky: Technically Legal

Kentucky holds a special place in the legalization of hemp products in America. It’s also responsible for many of the industrial hemp farms that grow the raw material for Delta 8 and CBD products.

Perhaps that’s why Kentucky allows the sales of many CBD and Delta 8 THC products — at least for now.

While at least one state agency believes that Delta 8 is illegal, the state has yet to ban the substance, and currently allows the sale and purchase of products such as Delta 8 THC vapes, Delta 8 flower, and D8 gummies.

The State of Delta 8 in Kentucky

Delta 8 is still on the shelves in some Kentucky hemp stores. However, it’s also been forcibly removed from other shops.

Why? Because the state’s Department of Agriculture believes the substance is illegal.

In a memo issued in April 2021, the KDA stated that Delta-8 THC should be banned under its interpretation of federal law. The KDA holds no executive power, but its arguments have already led to consequences.

Since that memo, Kentucky State Police had conducted raids on (at least) five shops that stock and sell Delta 8 products. So far, no consumers have faced consequences for buying or possessing Delta 8.

Now, the Kentucky Hemp Association has sued the state to clarify the rules around Delta 8. The lawsuit alleges that Delta 8 is, and has always been, legal in Kentucky. It’s also asked that state police stop raiding stores until the lawsuit has concluded.

The State Police actions seem especially odd considering Kentucky’s past with hemp.

Kentucky’s History with Hemp

Kentucky’s strong agricultural base and political power became a fighting force behind the 2018 Farm Bill, which legalized the production and sale of industrial hemp products in the U.S.

Before the bill passed, a substantial portion of Kentucky farms grew soybeans. It was the state’s top agricultural export. Yet, during a trade war with China in 2018, the Asian nation imposed a 25% tariff on U.S.-grown soybeans, causing many Kentucky crops to lose about $200 million in value.

And not just theirs. A full 60% of all soybeans grown in America were bought by Chinese customers. But now that tariffs had made U.S. soy too expensive, many Chinese companies turned to growers in nations like Brazil, who sold cheaper crops.

In response, Kentucky politicians championed changes to that year’s Farm Bill. Included in those changes was legalizing hemp, thus paving the way for the legal sale of CBD and Delta 8 THC products that are made from hemp plants.

The overwhelming helped Kentucky farmers, who have since replaced both soybean and tobacco crops with hemp because it fetches higher prices at market.

CBD in The Bluegrass State

Kentucky’s laws may be unclear around Delta 8 joints, but there’s been no controversy around CBD.

CBD oils (full-spectrum, broad spectrum, and isolate), CBD flower, CBD gummies, and CBD cigarettes are all legal in the state, as long as they contain less than 0.3% Delta 9 THC and are produced from hemp.

There is a wide range of CBD products that can be legally purchased or sold in the Bluegrass State.

From pure plant-based products, such as CBD flower and CBD cigarettes, to edibles like CBD gummies, to products that are only used on the body’s exterior, such as topical creams and shampoos, CBD can be legally sold in Florida in virtually any form.

Just like Delta 8 products, CBD consumers are free to transport legally bought CBD into and out of Kentucky.

Best Places to Buy Delta 8 in Kentucky or Online

As you probably already know, shopping online is typically the fastest and most cost effective way get almost any product; including delta 8 THC products. Have the ability to buy directly from the brand, read reviews, take a look at third-party certificates of analysis (COA) tests, and compare products easily from the comfort of your home.

Unfortunately, there are some companies producing delta 8 THC through potentially unsafe methods or that are selling products with higher delta-9 content that is legally allowed. For example, some are using heavy metal reagents or doing a poor job at removing the (illegal) delta 9 THC content or harsh chemicals and acids from the final product.

To reduce your odds of coming into this type of problem, it is recommended to always buy from brands that display their third-party COA's – and this is the greatest benefits of buying online.

The benefits of ordering delta 8 THC online:

  • Get better online pricing and seasonal discounts
  • Easily read real customer product reviews & see third-party COA's
  • Convenience of ordering from the comfort of your home
  • Typically a better product selection with online shops
  • Products left on store shelves can expire if they there isn't a lot of store traffic

 What is the Difference Between Delta-9 THC & Delta-8? 

Some of the biggest confusion over cannabis products comes from Delta 8 THC and Delta 9 THC Gummies. While they’re more similar than different, there are important distinctions you should consider before buying.

We previously wrote a blog titled: "Delta 8 or Delta 9 Gummies: Which is Best for You?" that we would recommend reading. You will learn more detailed information on things to consider between the two cannabinoids.

Both Delta 8 and Delta 9 THC occur naturally within cannabis plants. Both create psychotropic effects in users called a “high.” And both are chemically very similar. In chemical terms, Delta 8 is an isomer of Delta 9, meaning it possesses the same elements but a different chemical structure.

That difference is important. The change in chemical structure causes the molecules to interact slightly differently in the body. Where Delta 9 slots perfectly into receptors in the endocannabinoid system, Delta 8 doesn’t fit as easily.

The chemical difference means that Delta 8 produces a less potent high. Delta 9 THC creates an intense and heady experience. It can make users feel euphoric, get the giggles, feel hungry, and become tired. Delta 8 creates effects that similar, but less potent.

The high Delta 8 produces is gentler and more clear-headed. It’s also less likely to lead to feelings of paranoia.


Do I Need a Medical Card in Kentucky to Order Delta 8 THC Products?

No, it is not necessary in Kentucky to have a medical card to purchase D8 products. It was derived from legal hemp — with less than 0.3% of THC — it falls under the same laws as CBD.

You can buy it without a medical license in all delta 8 THC legal states, including Kentucky.


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