Legalization of injunction – Judge rules Delta-8 THC legal in Kentucky for now

After a year of back and forth and much deliberation, Delta-8 is finally legal in Kentucky, albeit temporarily. This means Kentucky residents can use, own, sell, distribute and produce Delta-8 hemp-based products as permitted by the new law.

The state health department and the Kentucky Hemp Association (KYHA) have been in a legal battle since April of last year. It started when the health department sent out a memo saying Delta-8 was banned. The department’s ban led to several police raids on vendors. KYHA argued that the police raids were illegal and that Delta-8 should be legal. Earlier this year, the state judge issued an injunction stating that Delta-8 is legal.

Meanwhile, state lawmakers attempted to pass a measure to ban all THC isomers, including delta-8. However, that bill was scrapped in March.

General overview of Delta-8

Like delta-9-THC, delta-8-THC is a psychotropic substance. It has effects similar to delta-9-THC but has a slightly different chemical structure. Delta-8 is preferred because it has a less potent effect while still inducing powerful feelings of euphoria, relaxation, and relief.

With Delta-8, you can expect a mild “high” with side effects such as dry mouth, red eyes, anxiety, and slowed reaction times. However, these side effects only occur when the drug is abused.

Delta-8 is a relatively new product. It may have unknown risks as it is synthetically manufactured and has not been researched as much as Delta-9. According to research in the Chemical and Engineering news journal, Delta-8 products contain Delta-9 and Delta-10 compounds. It is safe to say that these products are safe to consume; However, the same cannot be said with certainty about the synthetic by-products used.

Legislative history of Delta-8 in Kentucky

The Trump administration enacted the amended Farm Bill in 2018. This law authorized the use, sale, production, and possession of hemp and hemp-based products for every American. Cannabinoids, isomers, terpenes, salts, and hemp derivatives have been legalized across the United States. This bill also removed aid from the state controlled substances list. All states then voted for or against this bill.

That same year, Kentucky aligned its Farm Code with the Farm Code by House Measure 197. This permitted the use of Delta-8 and other isomers until some federal agencies questioned Delta-8’s legality.

In 2020, all edibles and products containing delta-8 THC have been questioned. This caused Kentucky and 17 other states to reconsider their position on THC isomers, particularly delta-8. Many of these states have raised safety concerns about the synthetic nature of Delta-8’s manufacture.

In April 2021, the Kentucky Department of Agriculture legal team released a statement citing that Delta-8 is now banned within the state. The letter emphasized that Delta-8 is a Schedule I controlled substance under federal and Kentucky law. The letter argues that Delta-8 is a prohibited substance because the state’s Controlled Substances Act provides no exceptions

It was then re-included in the state-controlled list of substances. This move was met with mixed reactions from vendors, consumers and concerned local residents.

Between April 2021 and February 2022, law enforcement agencies raided the stores of several Delta 8 vendors and seized inventory. These raids contributed significantly to the lawsuits brought against the state by the Kentucky Hemp Association. Since the injunction was signed, the attacks have stopped. However, the question arises as to how long this order should apply.

Cannabis Laws in Kentucky

Current Kentucky state laws prohibit the use, possession, sale, distribution, production, cultivation, and purchase of cannabis for any reason. The state is one of the few that considers cannabis illegal. In the past, Kentucky legislators have proposed bills (House Bill 3 and Senate Bill 40) to legalize medicinal cannabis. However, both bills failed in the committee’s review phase.

Another bill that almost leaked is proposed House Bill 136. This bill would have legalized medicinal cannabis without allowing for home cultivation and consumption of dried flowers through smoking. The bill proposed by Louisville Rep. Jason Nemes made it through the House before the pandemic hit. However, it stalled and reintroduced earlier this year. Unfortunately, the bill was rejected.

On the other hand, recreational cannabis is also not legal. In fact, consumption and possession of weed and weed carry severe penalties and fines. Depending on the amount of cannabis found on or in an offender, they could be sentenced to a jail term of 45 days to 5 years and/or fines ranging from $250 to $10,000.

Purchase of Delta-8 in Kentucky

The injunction allows residents to purchase Delta-8-based products online and at physical pharmacies across the state. It’s easy and simple to buy Delta-8 online and in stores. To be on the safe side, it is preferable to have a trusted supplier for your Delta 8 products as this would guarantee the quality of your products and ensure that you are consuming healthy and safe compounds.

Note that only hemp-derived Delta-8 is legal. It must not contain more than 0.3% THC by dry weight, nor should it be derived from marijuana plants. In addition, it is best to buy your Delta 8 connections in Kentucky. Traveling into the state on Delta-8 is risky and could get you in trouble with law enforcement, especially if you can’t prove it’s hemp-derived.

closing words

The future of cannabis, cannabinoid isomers like Delta-8 and other derivative products took a hit when Delta-8 was banned in 2020. The current injunction allows customers, sellers, operators, and investors to enjoy Delta-8-derived products without fear of prosecution or penalties. Vendors can say goodbye to the days when hundreds of thousands of dollars worth of Delta-8s were seized by the police.

In other news, delta-8 isn’t the only isomer legal in Kentucky. Delta-10, THC-O, and HHC are also temporarily legal under state law. You can find them all in physical retail stores or online.

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