DELTA 8 THC IN KENTUCKY: IS IT LEGAL & WHERE TO BUY IN 2022?

Kentucky may very well be considered one of the most hemp-friendly states in the United States with its progressive hemp laws and well-organized hemp programs.

There was a recent bill that would have banned delta 8 THC in the state, but through the efforts of the hemp growers association, both delta 8 and delta 10 THC were removed from the wording on the bill.

According to state laws, delta 8 THC is legal in the state of Kentucky.

As with anything relating to delta 8, these laws aren’t cut and dry. Here we’ll cover all the details regarding the legality of delta 8 THC in the state of Kentucky, as well as some tips on where to find delta 8 THC near you.

IS DELTA 8 THC LEGAL IN KENTUCKY?

The short answer is yes — delta 8 is legal in Kentucky. However, the laws here are vague and somewhat contradictory.

Cannabis plants naturally produce delta 8 THC; a cannabinoid formed when delta 9 THC breaks down.

Time and exposure to heat, light, and airspeed up the degradation process of THC, transforming it into other molecules such as the sleep-inducing CBN and the psychoactive (although milder) delta 8 THC.

Because the market demand for delta 8 THC is increasing, it’s not surprising that some confusion regarding its legality will arise, especially since it’s an isomer of THC.

Under federal law, marijuana (or any plant that contains more than 0.3% THC) and all its derivatives are considered illegal, so delta 8 THC directly extracted from marijuana is prohibited.

In 2018, the Farm Bill was signed into law. This legalized industrial hemp and all its parts — stems, stalks, leaves, flowers, extracts, derivatives, isomers, salts, acids, etc.

Does this mean then that hemp-derived delta 8 THC is legal in Kentucky? Technically, yes. These laws are highly specific, so as long as delta 8 THC is made from hemp and contains no more than 0.3% delta 9 THC — it’s legal.

The Kentucky Department of Agriculture (KDA) recently released information regarding the legal status of delta 8 THC. According to the KDA, delta 8 THC is considered a Schedule I controlled substance by the federal government and is prohibited.

However, there’s a problem with the interpretation this state-run agency made when delivering this “announcement.” First of all, the KDA has no policing authority on prohibited substances. Likewise, they do not influence what substances are considered legal or illegal.

Secondly, the conclusion the KDA came to on this matter has been widely disputed already for using its “official position in a manner not only wrongheaded from a policy standpoint but also wrong in its legal analysis” — Rod Kight from Cannabusiness law.

IS DELTA 10 THC LEGAL IN KENTUCKY?

Delta 10 is held under the same regulations in the state of Kentucky as delta 8 — which means it remains legal under the stipulations that it doesn’t contain more than 0.3% Delta 9 THC and is made entirely from hemp.

Both delta 8 and delta 10 possess milder psychoactive effects compared to delta 9 THC.

However, delta 8 THC leans toward Indica effects, while delta 10 THC leans toward Sativa effects. Simply put, delta 8 THC gives you a relaxing vibe, while delta 10 THC provides an energizing and invigorating buzz.

DO I NEED A MEDICAL CARD IN KENTUCKY TO ORDER DELTA 8 THC?

No, you won’t need a medical card to order delta 8 THC products in the state of Kentucky. You can order these products online without a license.

WHAT DOES DELTA 8 THC FEEL LIKE?

Without a doubt, delta 8 THC is creating a huge impact in the cannabis world.

It’s not as intoxicating as delta 9 THC, and the mind-altering effects it produces are cleaner, smoother, and milder. It’s also not known to significantly alter mental clarity or make you lose your focus and concentration.

In addition to its milder mind-altering effects, delta 8 THC also doesn’t induce paranoia or hallucinations.

For consumers who want to avoid these THC side effects, delta 8 THC seems to be a perfect choice.

HOW DOES DELTA 8 THC DIFFER FROM DELTA 9 THC?

Delta 8 THC is a psychoactive cannabinoid that forms due to the natural degradation of delta 9 THC.

As such, delta 8 THC has a chemical structure that’s almost identical to THC. The only difference in their chemical structure is the location of a double bond.

Delta 9 THC has the double bond on its ninth carbon, while delta 8 THC on its eighth carbon.

This slight difference creates small changes in their shape and form, affecting the way they bind to the CB1 receptor, the receptor responsible for the mind-altering effects of THC.

This may also be why delta 9 THC has a stronger influence on the CB1 receptor than delta 8 THC.

Because delta 8 THC is a degraded form of delta 9 THC, it makes the former more stable chemically, resulting in its milder and clearer psychoactive effects.

IS DELTA 8 THC NATURAL OR SYNTHETIC?

Cannabis plants produce only small amounts of delta 8 THC, so manufacturers use techniques that facilitate the isolation of delta 8 from hemp-derived cannabinoids — such as CBD.

CBD is technically an isomer of THC, so it’s a relatively simple process to catalyze CBD into other isomers, including delta 8 THC.

However, the use of laboratory methods raises whether delta 8 THC is a natural or a synthetic cannabinoid.

For a chemical to be called synthetic, it should be man-made and not found in nature. An example of this is the synthetic THC-like cannabinoid called K2 or spice.

Now, delta 8 THC is a naturally occurring cannabinoid found in cannabis plants, so it can’t be considered a synthetic compound even if it’s synthesized from CBD, which is also a naturally occurring cannabinoid.

Does the laboratory process of converting CBD into delta 8 THC make it a synthetic cannabinoid then?

You could ask the question about vitamin C. This is another compound that’s usually made in a lab but is also found in nature. We don’t go around calling vitamin C synthetic, do we?

HOW TO USE DELTA 8 THC

Delta 8 THC, like other cannabinoids, also comes in different forms.

Many customers opt for inhalable and smokable products like vapes, flowers, and pre-rolls infused with delta 8 THC for faster onset effects. 

For a longer duration of effects, you can choose ingestible products like gummies and soft gel capsules. The onset of effects can take anywhere between half an hour to an hour since the cannabinoid has to go through the abdomen and the liver where it’s metabolized.

WHAT’S THE DOSE OF DELTA 8 THC?

As for the dose, we recommend starting at the lowest dose possible. This means taking half a dropper instead of a full one, dividing the delta 8 THC edible into smaller pieces, or taking a small puff compared to a lungful.

You’ll have more control this way since you can easily gauge your reaction to delta 8 THC.

Stop or cut down on your intake if you think you’ve had too much, or increase the dose if you didn’t feel any effects.

The important thing is that you listen to your body to adjust the dose accordingly until you find your sweet spot.

DELTA 8 THC VAPES AND THE PACT ACT

What exactly is the PACT Act? How does it protect minors and impact the vape industry?

It was in 2010 that the PACT (Prevent All Cigarette Trafficking) Act was first enacted. This law prevents vendors from shipping cigarettes as well as smokeless tobacco products through the USPS (United States Postal Service).

In December 2020, the law was amended, and it also now prohibits vendors from shipping e-cigarettes, vapes, and related accessories through the USPS.

It wasn’t long before big private shipping companies like FedEx and UPS also followed suit. There are some concerns as well that other shipping companies will follow soon.

While this significantly impacts the cannabis vape industry, it doesn’t ban the sale and use of vape related products though.

Delta 8 THC producers can still ship their products to consumers via direct delivery companies. These alternative partners are just as rigid and strict when it comes to verifying the identity and age of the recipient.

How will you know then that you’re buying quality delta 8 THC products online?

First, look for reviews about the delta 8 THC producers, their products, and the vendors or online cannabis shops. Make sure that the products underwent third-party testing by a certified laboratory facility and have certificates of analysis as proof.

Second, check their FAQ section and read their shipping process thoroughly. Make sure that the vendor and their delivery partner are verifying their buyer’s identity and age before shipping and delivering the products.

Online cannabis shops, including vape vendors, are obliged under US laws to verify the identity and the age of their clients.

A company that doesn’t ask for these details is breaking the law and putting their client’s health at risk as well, so if you encounter an online vendor like this, avoid them.

Companies that are more than willing to break the law may also be using inferior products or cutting costs somewhere.

As a consumer, you should only buy from trusted sources.

FINAL THOUGHTS — WHAT’S THE FUTURE OF DELTA 8 THC IN KENTUCKY?

Delta 8 THC is quickly rising in popularity. It’s becoming the cannabinoid to try if you’re simply after milder and smoother psychoactive effects.

Delta 8 THC is currently legal in the state of Kentucky, and it’s likely to remain this way for the foreseeable future. Cannabis legalization is now in full swing in the United States. Just about every other month, a new state passes laws to legalize the plant in its entirety.

Additionally, the hemp industry in Kentucky is massive — and delta 8 seeks to become a major source of income within the state in the coming years.

Despite the detached logic of the talking heads currently running the KDA, it’s very likely the hemp industry in the state will continue to advocate for the use of delta 8 and other hemp-derived extracts over the next few years.