Delta 8 THC is a cannabinoid grown in the hemp plant that is quickly expanding in popularity nationwide with promising applications in both the medical and recreational field. While Delta 8 THC might feature familiar properties to the main chemical found in your common marijuana, Delta 9 THC, consumption results in different effects and generally less potency towards its users.
But is Delta 8 THC legal in Kentucky?
Related article: What is Delta 8 THC?
Yes, Delta 8 THC is legal in Kentucky
As of today (10/13//2020), Delta 8 THC is legal according to Kentucky state law. Like the federal law, Kentucky has legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta 9 THC.
Here are the appropriate bills:
KRS 260.850 TO 260.869 INDUSTRIAL HEMP
(5) “Industrial hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis;
(6) “Industrial hemp products” means products derived from, or made by, processing industrial hemp plants or plant parts;
40 KRS 218A.010
218A.010 Definitions for chapter.
(27) “Marijuana” means all parts of the plant Cannabis sp., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin or any compound, mixture, or preparation which contains any quantity of these substances. The term “marijuana” does not include:
(a) Industrial hemp that is in the possession, custody, or control of a person who holds a license issued by the Department of Agriculture permitting that person to cultivate, handle, or process industrial hemp;
(b) Industrial hemp products that do not include any living plants, viable seeds, leaf materials, or floral materials;
(c) The substance cannabidiol, when transferred, dispensed, or administered pursuant to the written order of a physician practicing at a hospital or clinic affiliated with a Kentucky public university having a college or school of medicine;
(d) For persons participating in a clinical trial or in an expanded access program, a drug or substance approved for the use of those participants by the United States Food and Drug Administration;
(e) A cannabidiol product derived from industrial hemp, as defined in KRS 260.850; or
(f) A cannabidiol product approved as a prescription medication by the United States Food and Drug Administration;
Cannabis Policy in Kentucky
Earlier in 2020, a bill to legalize the use of medical marijuana in Kentucky was passed through the state house by a wide margin, and was assigned to a Senate committee. It has yet to have a hearing held on the matter, partially due to the year that is 2020 and partially due to Sen. Whitney Westerfield, Chairman of the Senate Judiciary Committee, who was on record saying “I know it won’t get a hearing until I’m OK with it, and for sure I’ve still got questions right now.”
Fun Fact about Hometown Hero: We are Hemp Cup Champions!
The Medical Marijuana Bill, or House Bill 136, is described by its supporters and its opponents to be the most restrictive medical marijuana law in the country. There is still a lot of things up in the air and many experts are looking closely at what legalization could do for the State of Kentucky.
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