Is Delta-8 THC legal in Kentucky?

In recent years, the world of cannabis and its various derivatives has experienced a significant transformation, challenging the conventional perception of the plant. One such derivative, Delta-8 THC, has been making waves in Kentucky and across the United States as a fascinating alternative to traditional Delta-9 THC. With its unique properties and legal status in many states, including Kentucky, Delta-8 is quickly becoming a topic of interest and conversation among those seeking a novel cannabis experience.

What is Delta-8 THC?

Delta-8 and Delta-9 THC both exist naturally in the cannabis plant, but delta-8 THC has soared in popularity across the United States since the passage of the 2018 Farm Bill, which legalized hemp production and products nationwide.

These two cannabinoids have some key differences:

The double bond at the 8th carbon atom of Delta 8 is circled in red.

1. Chemical Structure:

   • Delta-9 THC: This is the most well-known and abundant psychoactive compound in cannabis. It has a double bond at the 9th carbon atom in its molecular chain, hence the name Delta-9.

   • Delta-8 THC: Delta-8 THC, on the other hand, has a double bond at the 8th carbon atom in its molecular chain. This subtle difference in structure gives it slightly different properties.

2. Psychotropic Effects:

   • Delta-9 THC: It is well-known for its strong psychoactive effects, often associated with the feeling of being "high" or "stoned." These effects can include altered perception, euphoria, relaxation, and increased appetite.

   • Delta-8 THC: Delta-8 THC is reported to produce milder psychoactive effects compared to Delta-9 THC. Users often describe it as producing a more clear-headed, less intense high. Some say it's more functional and less likely to induce anxiety or paranoia, making it a potentially more comfortable option for some individuals.

3. Source:

   • Delta-9 THC: It is typically found in higher concentrations in marijuana plants, which are primarily grown for their psychoactive properties.

   • Delta-8 THC: Delta-8 is usually derived from hemp, which has lower concentrations of Delta-9 THC. It can also be synthesized from CBD (cannabidiol), another non-psychoactive cannabinoid found in hemp and cannabis.

Is Delta-8 THC now legal in Kentucky?

Kentuckians can consume Delta-8 THC in a number of ways, including pre-rolls.

The sale of Delta-8 THC is legal in Kentucky. But, it is subject to product testing, labeling and age-restriction requirements under a bipartisan bill passed by both chambers of the state Legislature earlier this year.

Last year, a Kentucky court decision affirmed that Delta-8 THC is legal. Shortly after, Governor Andy Beshear issued an executive order for state regulators to impose labeling and packaging requirements on Delta-8 products sold in the state.

In response, the Legislature passed House Bill 544, which calls for state health regulators to establish testing and labeling requirements “for contaminants” as well as active ingredients. It also clarifies Delta-8 products can only be sold to adults aged 21 years or older.

One of the specific requirements for businesses selling Delta-8 THC is to be able to provide customers with a COA (certificate of analysis).

“It’s very important to know that the products we have are third-party tested, and a lot of places won’t have them on the packaging itself because a lot of them are small places. But they do have these certificates available, just ask them. If they don’t have it - don’t buy it,” says Robert Matheny, owner of Kentucky CBD Farmacy in Nicholasville.

Is Delta-9 THC legal in Kentucky?

Delta-9’s legal status in Kentucky is more complex than that of Delta-8’s. But, Delta-9 THC can be used by certain Kentuckians. Governor Beshear’s Executive Action Relating to Medical Cannabis allows Kentuckians with a qualifying medical condition to use and possess up to 8 ounces of marijuana that has been purchased lawfully from a dispensary. Since there are no dispensaries in Kentucky, medical marijuana patients must go out of state.

In 2025, Kentucky will have a more developed medical marijuana program with medical marijuana cards issued by a state agency. Medical marijuana dispensaries are also expected to open sometime in 2025.

But, you can qualify for medical marijuana use NOW. Learn more and book an appointment.