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Kentucky Tried To Ban It! But Is Delta 8 THC Legal In The State?

February 19, 2022
Is Delta 8 legal in Kentucky

Kentucky is considered one of the larger hemp-producing states and is often looked to for inspiration for new hemp laws and regulations. Kentucky was outspoken regarding Delta 8 THC and its legalities last year, and per their statement, they claim Delta 8 THC is prohibited. But you still see Delta 8 products on shelves there, and you, as a consumer, can still purchase in stores and online. 

Confusing? We think too. So is Delta 8 THC Legal in Kentucky or not? We’ll break it down for you, so keep reading to understand how all this works in the bluegrass state. 

Delta 8 THC is a lesser-known cannabinoid with some of the most interesting psychoactive effects we have seen in hemp plants so far. Thanks to its relative mildness, Delta 8 THC laws can vary from state to state, and Kentuckians are anxious to know what the law says about Delta 8 THC as inclined above.

They want a legal, top-quality product that’s safe and won’t get them high- all while being milder than other cannabinoids found in industrial hemp plants like Delta 9 THC.

As of now, Delta 8 THC is in a legal gray area. 

KY still sees Delta 8 as a controlled substance per the last opinion letter they came out with the previous year. 

For the most part, yes, you can buy Delta 8 THC in Kentucky, but for now, the best way to purchase your Delta 8 THC products might still be online to avoid issues. 

The state states that Delta 8 THC is a federally controlled substance derived from hemp, which is incorrect based on the 2018 farm bill. It’s only a controlled substance under national law when derived from marijuana. See further examination here on this sensitive topic.

Delta 8 THC: What Is It, and What Is It Good For?

What is Dlta 8 THC good for

Delta 8 tetrahydrocannabinol, or just THC for short, is a molecule with an identical chemical structure to Delta 9 THC but instead has its double bond at the eighth carbon chain. Both molecules have an equal number of carbons in their structures and function as cannabinoids that produce psychoactivity similar to other plant-derived ones, such as marijuana.

The cousin cannabidiol also works similarly by interacting with your endocannabinoid system, which helps regulate things like moods, appetite, anxiety, and sleep.

The difference between Delta 9 THC and Delta 8 THC is subtle but makes for an excellent effect. It’s 50% – 70% less potent than Delta 9, so you’ll still feel some impact without feeling overwhelmed or anxious!

Where To Buy Delta 8 In Kentucky?

When looking for Delta 8 THC, make sure that the THC is from a well-known brand. Delta 8 THC can vary in quality, as some brands have stricter standards than others, and even worse, it isn’t entirely out of possibility that it might happen to be fake Deltas too!

You can legally buy Delta 8 THC that comes from the hemp plant, but you’ll have to get it somewhere else if marijuana is what you’re after.

The state of Kentucky has strict laws against using drugs such as cannabis which means people who use this substance in any form could face charges or fines by law enforcement officials unless they have a medical marijuana card.

The best place to buy hemp-derived THC products is from a reputable online company.

Many people prefer to order their products online from a reputable company like BiowellnessX and deliver them straight to their door.

BiowellnessX is a company that has been in the hemp industry for years and has a wide range of industrial hemp products and, of course, Delta 8 THC. D8 products include Delta 8 gummies (our most popular and best seller), Delta 8 tinctures, and CBD oils.

We strive for the best quality, prices, and customer service. Give one of our excellent customer service reps a call today. They would love to help you.

Where to buy Delta 8 In Kentucky

If you happen to live near or in any of the cities listed below, you will be able to find your hemp-derived CBD and THC products on store shelves.

  • Lexington
  • Louisville
  • Bowling Green
  • Owensboro
  • Covington
  • Hopkinsville
  • Richmond
  • Florence
  • Georgetown
  • Henderson

State’s Accepting Delta 8 is Inclining

2021 was a big year for hemp in the US, with many states coming out to accept Delta 8 THC. After all the time and effort spent getting Congress’ signature on the 2018 Farm Bill – which legalized hemp and CBD products made from or derived from the hemp plant containing less than 0.3% THC.

It makes sense that people want their state law to reflect the new federal government law!

Hemp-derived products are legal in Kentucky as long as hemp-derived and the total Delta 9 THC is below 0.30%.

So, if it’s not made from medical marijuana but rather hemp, there are no restrictions on what materials or amounts someone may have. The same goes for the regulations for Delta 8 THC in the state, which makes the legalities very convoluted and hard to understand for the end consumer that wants to enjoy its benefits. 

Hemp-Derived THC is Legal

KDA State Law And Delta 8 THC

The KDA (Kentucky Department of Agriculture) issued a letter on April 19th to clarify their stance regarding Delta 8 THC.

They claim it unlawful to possess, sell, and manufacture as they follow the federal law that Delta 8 THC is synthetic and a controlled compound.

So is Delta 8 legal in Kentucky? As we can read, the KDA’s analysis of national law seems to not be correct.

The farm bill (which was put into law in 2018), processing hemp plants is lawful as long it 1) does not contain more than 0.30% Delta 9 THC and does not come from a medical marijuana plant (THC above 0.30%).

So from an outside perspective, yes, Delta 8 is legal in Kentucky, yet it stays in a very grey area.

Federal Law And Delta 8 THC

It’s safe to say that Delta 8 THC and other psychoactive compounds are Schedules I controlled substances. The FDA orange List states that these chemicals are designated under federal law because they have no medical use.

It appears that cannabis laws are changing quite dramatically on a state level. Still, it turns out federal legislation has an exemption for tetrahydrocannabinols per the 2018 farm bill. As long there is less than 0.3% Delta 9 THC present in any given hemp product, AND it originates from the plant Cannabis Sativa aka the hemp plant, it’s unlawful. 

Delta 8 THC Is Hot Talking Topic In The Hemp Industry.

As we all know, Delta 9 THC is the cannabinoid that gets you high, whereas Delta 8 shows a trace of similar effects. Delta 8 THC is shown to have healing benefits such as pain relief, lowering anxiety levels, and sleep enhancements without the heavy head-high feelings you often experience when consuming D9. 

Final Thoughts – Is Delta 8 Legal in Kentucky

So, what does this all mean for Kentuckians? Well, it looks like we’re in a bit of a gray area regarding Delta 8 THC. Technically, the compound is illegal in the state, but state law enforcement doesn’t seem to be taking any action against businesses selling products with the cannabinoid.

As more people become interested in CBD oil and other industrial hemp products such as hemp flower, THC, and more, see how this situation plays out.

In the meantime, if you’re looking for relief from discomfort or stress (or want to get a little high, we don’t blame you), you might be better off ordering online. 

If you are a first-time customer, we offer 15% OFF and free shipping. All you have to do is sign up for our newsletter, and you are good to go.

100mg delta 8 gummies for the experienced user
100mg Delta 8 gummies (for experienced users only)


  1. Kentucky Hemp Association –
  2. Hemp Farming Act (Farm Bill) –

By reading this legal information, you agree to release the author of any liability related to or arising from your use of this data. This post contains no legal advice. The legal status surrounding Delta 8 THC, Delta 9 THC, and Delta 10 THC is new and constantly changing. We continuously work hard to do our best to give you the most updated information. We recommend checking your current state’s laws or federal hemp laws before purchasing any industrial hemp-derived products (CBD, THC) in Kentucky. The data in this post is not intended to diagnose, treat, cure or give any medical advice. Do your due diligence and seek your doctor’s advice, especially if you are in doubt or are currently taking any prescription medications. Safer than sorry is always a great idea when consuming new products.

Frequently Asked Questions (FAQ)

Can you buy Delta 8 in Kentucky?

Because of the legal grey area the state law has, we suggest you order online. KDA came out with its opinion letter in 2021 stating that it’s unlawful to use, possess, purchase, sell, produce, and manufacture Delta 8 products. However, their assessment in the letter is arguably incorrect.

Are Delta 8 gummies legal?

This a very broad question, but the short answer is yes. Delta 8 gummies are legal on a federal level. It’s up to each state to determine if they accept Delta 8 or not. For Kentucky, it’s suggested you order your gummies online because of the legal grey area this state is currently in.

Can I take Delta 8 if I have a medical condition?

Always get your doctor’s advice before taking any cannabis products.

Does each state have the same laws regarding cannabis?

No, each state is different and can set its state laws regarding cannabis. Always check your state laws beforehand to stay up to date.

Can I fail a drug test by consuming Delta 8?

The quick answer to that is, yes, you can. Delta 8 THC is a THC compound and will show up on a drug test.

How will I know a Delta 8 product is safe?

When shopping around for Delta 8 THC products, be sure to check for third-party lab testing, company reputation, customer reviews, return policies, customer services, price and value, and hemp source. A reputable brand should have nothing to hide. From hemp source to lab testing to customer reviews and product ingredients, all information should be available for you to view. 

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