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Is Delta 10 Legal in Kentucky? With Delta 8 THC Banned, Does That Mean D10 Is Too?

December 22, 2021
Is Delta 10 legal in Kentucky

Table of Contents

The recent ban of Delta 8 THC in Kentucky earlier in 2021 has left many people wondering what the state’s stance is on other cannabinoids such as Delta 10. Let’s get you up to date on this complex issue and answer your question: Is Delta 10 Legal in the Bluegrass State?

The lawful status surrounding Delta 10 THC is new and constantly changing. We consistently strive to do our best to give you the most updated information. We recommend that you always check your current state- or even federal law before purchasing any hemp-derived products (CBD, THC) in Kentucky. The data in this post is not intended as legal advice nor to diagnose, treat or give any medical advice. In any event, do your due diligence and always seek your doctor’s advice, especially do if you are in doubt or are currently taking any prescription medications. Safer than sorry is always a great idea when taking new products.

Main Points

  • Is Delta 10 THC legal in Kentucky? It’s not as its following the same rules as for Delta 8 THC.
  • The DEA considers Delta 10 THC illegal since they classify anything that contains no classifiable medical use and isn’t approved for human consumption as a banned substance.
  • Delta 10 THC is very safe.
  • If you live in Kentucky, don’t buy any THC-related products

Is Delta 10 THC Legal In Kentucky?

The answer is NO!

Unfortunately, Delta 10 THC is considered illegal in the Bluegrass State.

What Is Delta 10 THC?

What is Delta 10 - BioWellnessX

One of the newest substances to hit the cannabinoid market is Delta 10 THC. Delta 10 tetrahydrocannabinol (THC) is the brand-new cannabinoid to hit the market since the Delta 8 THC craze.

Delta 10 THC is a minor cannabis compound that has been detected only in the early stages of the development of the hemp flower. This means you won’t find any hemp flower or marijuana strains that naturally contain this substance, but it can be made by chemists using CBD from hemp and isolating it from the plant.

Delta 10 THC is a new type of cannabis that has been more uplifting and energetic than the more common, sedating Delta 8 THC. This results from its nootropic properties which boost energy, focus, and creativity.

The popularity of this new form will likely grow over the next few years as it becomes a staple in the cannabis industry. We solely rely on anecdotal reports to show these substances’ main characteristics without scientific evidence.

Related Article: What is Delta 10 THC? Learn more about this new THC compound.

Where Can I Buy Delta 10 In My State?

The demand for hemp-derived Delta 10 THC products has increased rapidly over the past few years. As of now, there is no way for you to buy hemp-derived Delta 10 THC or any hemp flower that has more than 0.30% THC legally in the state of Kentucky.

When the time comes and Kentucky cannabis laws relax, BiowellnessX will be there, and our products will be available to you.

When you buy from BiowellnessX, you can rest easy knowing that what you are buying is safe 100% hemp-derived products. All of our produce is lab tested and is certified. You can see our lab reports and CoA’s on our website.

Our full-spectrum CBD gummies, plus our 10mg Delta 9 THC gummies, have total THC below 0.30% dry weight, making them lawful and can be enjoyed freely.

The Legalities of Delta 10 THC And Kentucky Hemp Association (KYHA) Next move

Kentucky Department of Agriculture (KDA) issued a letter in April 2021, stating that Delta 8 THC was illegal to distribute in the state. This is because it is a Schedule I controlled substance under the federal rule and placed on the Controlled Substances Act list of illicit drugs.

Distributing products or possession with intent to distribute this substance can result in criminal prosecution and up to 20 years imprisonment for a first-time offense. Since this ban, there have been several vendors that sell Delta 8 products experienced police raids which lead the KYHA to sue the state and ask for a temporary injunction to stop raids from happening, or at least till the state has figured out its exact stance of these new THC compounds.

Federal Law

The laws surrounding Delta 10 THC are an unclear issue that has been debated for a long time. The legality of this substance mainly depends on the way it’s manufactured. Delta 8 THC, created through conversion or isomerization, is a more straightforward process than Delta 10 THC, which chemists create using CBD from the hemp flower and catalysts in a lab. So, this compound stands in an unprecedented situation because it’s semi-synthetic and heavily processed compared to hemp-derived Delta 8, which happens to be simpler to produce.

The Delta 10 THC compound is one of the synthetic cannabinoids that, at least according to some experts, was made federally legal in 2018. The reason for this belief is that the Farm Bill of 2018 states that hemp-derived CBD can be used regardless of how it’s been processed.

On the other hand, some experts believe that the process makes it illegal because it creates synthetic tetrahydrocannabinol.

Delta 10 THC has been found to have the same properties as natural THC. It does not exhibit dangerous side effects such as intense psychological changes or overdose. Currently, Delta 10 THC falls into a gray area where its legality is unclear.

State Law

Under Kentucky state laws, it is unlawful to knowingly or intentionally possess Delta 10 THC. Possession of Delta 10 THC is a Class A misdemeanor, punishable by up to 12 months in jail and a $1,000 fine.

It is also unlawful to manufacture, distribute, or dispense Delta 10 THC in the Bluegrass State. Manufacturing, distributing, or dispensing Delta 10 THC is a Class D felony punishable by up to five years in prison and a $10,000 fine.

However, it is also not considered a criminal offense to distribute or dispense Delta 10 THC for medical purposes if the individual had been issued a valid prescription by a licensed doctor with the state of KY.

Suppose an individual is caught manufacturing, distributing, or dispensing Delta 10 THCwithout filing specific paperwork required by Kentucky law and receiving a valid prescription. In that case, they could face charges of possession with the intent to distribute.

The Hemp Association In Kentucky (KYHA) is a non-profit organization dedicated to the research and promotion of the industrial hemp plant. They are committed to providing education on the benefits of cannabis and the various uses for this versatile plant. The KYHA also lobbies for pro-hemp legislation at both the state and federal levels.

The current federal and state laws in KY with regards to Delta 10 THC are as follows:

The Kentucky Department of Agriculture (KDA) has the authority to license growers of industrial hemp.

The KDA is also responsible for setting the THC levels allowed in industrial hemp crops.

Industrial hemp flower may only be grown as part of a research program at a university or state agriculture pilot program.

Industrial hemp flower and hemp products can legally contain up to 1% THC. This is low enough that the psychoactive properties of the cannabinoid are negligible.

Is Delta 10 THC Safe?

Yes, it appears to be very safe. It has been tested on subjects, and research shows it had no side effects. Now, keep in mind that the research is still minimal, and even if there’s not a lot of evidence, it’s safe to consume. As with everything, don’t overdo it.

The difference here is we are dealing with THC, which has potent properties.

Like we stated in our legal disclaimer, the data in this post is not intended as legal advice nor to diagnose, treat or give any medical advice.

Delta 10 Kentucky Laws

Final Thoughts

It’s simple; if you live in Kentucky, don’t buy any THC-related products unless you have a medical card and a prescription. It’s illegal otherwise.

Hopefully, one day we will get good news, and the hemp laws will change, and cannabis will become more popular with the illegal states, and all THC, CBD hemp products can be enjoyed peacefully.

In the meantime, you can check out our Full Spectrum products or our non-THC products such as our Wellness CBD gummies, our CBD Oil Tincture.


Frequently asked questions

Is Delta 10 legal in all 50 United States?

Delta 10 is federally legal in the U.S., but the legal status in each state differs. State legislators have the authority to make their regulations, so as a consumer it's up to you to follow the current laws in your jurisdiction.

For example, Delta 10 THC is illegal in Rhode Island, but in North Dakota Delta 10 is legal.

Is it legal for me to order Delta 10 online?

If you are in a THC-friendly state, then yes, order away. But if you reside in an illegal state like KY, I would hold off on ordering any THC online. However, there is a loophole. As long Delta 9 THC isomers stay below 0.30% on a dry weight basis, you can still get to enjoy various THC products. Make sure to check our website for products that are considered legal in your state.

How old do you have to be to purchase Delta 10?

Most of the retailers out there will not sell any Delta 10 product unless you are at least 21.

What is the difference between Delta 8 and Delta 9 THC?

One of the primary differences between Delta 8 and Delta 9 THC is that D8 has less psychoactivity. Products with a high concentration of D8 have an increasingly gradual effect, whereas products with mainly Delta 9 THC can experience a sudden onset of effects.

Can You Take Delta 10 THC Across State Lines?

If you are coming from a legal state and going into another legal state then it should be fine, just always remember to check local jurisdictions and its current regulations for Delta 10 products.

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