Is Delta 8 Legal in Kentucky?

Nov 10, 2023

Bridge and city skyline at sunset.

Delta 8 is a new and popular cannabinoid that has gotten a lot of attention in the cannabis market. This is a mildly psychoactive cannabinoid present in hemp that can be harvested and developed into cannabis-friendly Delta 8 products.

Delta 8 is similar to other cannabinoids, such as HHC, but its distinguishing feature is the relaxing effects that users have described. As a result, Delta 8 has become immensely popular in the cannabis community.

Because Delta 8 is still relatively new, and the legality of cannabis and its cannabinoids is continuously changing, it can be difficult to determine which states have legalized cannabinoids like Delta 8.

In this post, we'll look at whether or not Delta 8 is legal in Kentucky.

Key Takeaways

  • Delta 8, a mildly psychoactive cannabinoid, is considered legal in Kentucky. Kentucky aligns with the 2018 Federal Farm Bill, which permits hemp-derived products, provided they contain less than 0.3% Delta 9 THC.
  • Kentucky does not specify possession limits for Delta 8 products. This means that both retailers and consumers can carry Delta 8 in any quantity without legal concerns, but these products must adhere to federal and state regulations.
  • While Kentucky allows Delta 8, it's crucial to be aware of neighboring states' regulations. Several neighboring states, such as Illinois, Indiana, Ohio, West Virginia, North Carolina, Tennessee, and Missouri, have similar stances on Delta 8 legality. 
  • Mellow Fellow is your trusted source of Delta 8 products in Kentucky.

Delta 8 THC and Federal Law

Delta 8 is a psychoactive cannabinoid found in all hemp and cannabis plants. It is often compared to Delta 9 THC; however, Delta 8 is a bit less potent and is derived from hemp. 

Over the last few years, it has gained immense popularity and can be found in almost all smoke shops. With the ever-evolving landscape of cannabis legality, where does Delta 8 stand?

The Controlled Substance Act classifies Delta 9 THC as a Schedule I controlled substance. Delta 8 is a caveat to this law due to it being a hemp derivative. Some critics argue that although Delta 8 is hemp-derived, it can be considered a synthetic form of THC and should be subject to federal regulation. 

The 2018 Farm Bill granted blanket federal legalization of all hemp-derived products as long as they contain less than 0.3% Delta 9 THC. While Delta 8 is not specifically addressed within the bill, as long as it meets the testing criteria, it is considered federally legal. 

Where it may get confusing is that although it is federally legal, legality varies at the state level. Some states have fully embraced the sale and consumption of Delta 8, while others have opted to completely ban it. Due to the state variations, it is important to stay up-to-date on where your state stands on the topic. 

Is Delta 8 THC a Controlled Substance in Kentucky?

Kentucky is home to renowned horse racing and picturesque landscapes, but is it Delta 8-friendly? Under the Controlled Substance Act, Delta 9 is considered a Schedule I controlled substance. Delta 8 is not mentioned within this law, so states have room for interpretation when it comes to deciding their position in regard to minor cannabinoids.  

As of October 2023, Kentucky takes the stance of considering Delta 8 not to be a controlled substance and follows federal guidelines. Delta 8 is an exception due to it being hemp-derived, as long as it tests less than 0.3% Delta 9. 

Delta 8 THC Possession Limits in Kentucky

As it stands currently, the 2018 Farm Bill does not put any legal limits on the quantity limits of possession of Delta 8. Kentucky follows suit with this precedent, so it also does not have specified possession limits for Delta 8. 

Delta 8 retailers and consumers can carry any amount of product they see fit without worrying about getting into trouble with the law. Kentucky’s Department of Agriculture oversees the hemp program and requires Delta 8 products to be in compliance with federal and state regulations and labeled accordingly.  

Is Delta 8 THC Legal in Kentucky?

Delta 8 is legal in Kentucky. Kentucky follows the position of the federal 2018 Farm Bill, considering Delta 8 to be a hemp-derived product and legal for consumption. Delta 8 products must come from a legal hemp source, follow state regulations, and be packaged according to guidelines. 

Is Delta 8 THC Vape Legal in Kentucky?

Vapes are one of the most popular methods for Delta 8 consumption due to their quick effects, discretion, and portability. Luckily, Delta 8 THC vapes are legal to be sold and consumed within Kentucky. There are no restrictions on the use of Delta 8 vapes within state lines as long as they meet compliance requirements. 

Are Delta 8 THC Gummies Legal in Kentucky?

Gummies are a classic mode of consumption for those who are not a fan of vaping. Eating a gummy means knowing exactly what dose you are getting with each bite.  

To be considered legal, the Delta 8 oil used in gummy production must adhere to the standards of coming from a hemp source and test under the 0.3% Delta 9 limit. 

As long as these stipulations are met, the production, retail, and consumption of Delta 8 gummies are legal in Kentucky. Cannabinoid-snackers rejoice!

Is Delta 8 THC Flower Legal in Kentucky?

If you prefer to smoke Delta 8 in its purest form, flower is the option for you. In Kentucky, according to the Department of Agriculture, Delta 8 THC flower is legal under the 2018 federal Farm Bill. The THC flower must be derived from a legal hemp source and meet state regulatory requirements. 

Neighboring States where you can enjoy Delta 8 THC (Just don't cross the border with it!)

Kentucky is in a unique position geographically, bordering a total of 8 states. Before taking a road trip with your favorite Delta 8 products, it is crucial to know which states will welcome it. 

While neighboring states might be friendly to Delta 8, it is important to play it safe and not cross state lines with these products. The best practice is to wait to purchase and enjoy once you reach your destination. 

Surrounding states that take the same approach as Kentucky and consider Delta 8 legal: Illinois, Indiana, Ohio, West Virginia, North Carolina, Tennessee, and Missouri. You can travel to these states and purchase and consume Delta 8 once you arrive. 

The one Kentucky neighbor who does not share the love for Delta 8 is Virginia. If traveling to Virginia, it is best to leave your Delta 8 products behind to avoid trouble with the law.  

With cannabinoid laws constantly changing, it is crucial to stay up to date on where Delta 8 stands in your vicinity, especially when planning to travel. 

Where to Buy Delta 8 THC in Kentucky

Assorted Delta 8 THC products from Mellow Fellow.

Delta 8 is no longer a best-kept secret. Whether you prefer flower, vape, or edibles, Delta 8 is available for purchase at most local smoke shops. Alternatively, Delta 8 products can be ordered online and delivered to your door for the ultimate convenience.

When making a purchase, it is best to be informed. Only buy products from a reputable brand that offers transparency to ensure you are getting safe, high quality items. 

At Mellow Fellow, we offer premium products with quick delivery. We have a wide selection of pure Delta 8 products in both vape and edible form. All of our products meet Kentucky’s legal requirements so you can enjoy them without concern. 

Let’s dive into a few Delta 8 products featured on our website!

Pineapple Express Delta 8 Vape Cartridge

This is a pure Delta 8 product in a 1 ml disposable vape cartridge to be used with a rechargeable battery. It is paired with the hybrid-strain Pineapple Express, giving it a distinct sweet and citrusy aroma. Its flavor is described as smooth, with hints of bright pineapple and notes of earthy pine. 

Delta 8 Strawberry Rings

This is a delicious option for those who prefer to snack on their Delta 8. These gummy rings are sweet and bursting with strawberry flavor. The whole package is ten pieces with a total of 500 mg of Delta 8. Each gummy is dosed at 50 mg, giving the perfect punch with lasting effects. 

Blueberry OG Delta 8 Cartridge 

This is a premium 1 ml disposable vape that is crafted with the fan-favorite strain Blueberry OG for the ultimate vaping experience. It boasts a fruity blueberry-forward flavor that is both sweet and tart. This indica-sativa-hybrid product provides a potent, soothing feeling you are guaranteed to enjoy. 

Euphoria Blend 4ml Live Resin Disposable Vape in Green Crack 

For an elevated experience, Mellow Fellow has a line of Ph.D. Pharmacist Formulated cannabinoid blends with Delta 8 as a featured ingredient. The Euphoria live resin blend is made with a combination of Delta 8, THCv, HHC, H4CBD, CBD, and CBG. Green Crack is a sativa strain with a tangy, fruity mango flavor. It is available in the form of a 4 ml disposable vape that is ideal for an uplifting feeling.

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