Kentucky & Delta-8 THC Legality

Is Delta 8 THC legal in Kentucky? YES!

Delta-8 made from hemp is now permitted in Kentucky, making its use, possession, sale, purchase, and manufacture legal (pending review).

The Kentucky Department of Agriculture's legal counsel issued a document in 2021 declaring that delta-8 generated from hemp and marijuana is a restricted drug and unlawful under federal law, making it a violation of state law as well. Specifically, in April 2021, the Kentucky Department of Agriculture published a letter stating that “delta-8 is a Schedule I controlled substance under federal law and Kentucky law”. The letter argues that because the state’s controlled substances act makes no exemptions for delta-8, it is therefore a prohibited substance.

After receiving this document, law enforcement started conducting raids on various delta-8 sellers, detaining and seizing the whole spectrum of delta-8 products.

In response, the Kentucky Hemp Association (KHA) filed a lawsuit against the government and requested a temporary injunction like to the one in Texas. In February 2022, an injunction that formally but temporarily legalizes delta-8 items was put into effect when a Kentucky judge decided in the KHA's favor.

In March 2022, a new bill (Senate Bill 170) to outlaw delta-8 was presented to the Senate, but it was killed in committee.