Is Delta 9 Legal in Kentucky

There has probably been a lot of buzz about Delta 9 THC over the past few months. It’s the primary psychoactive component of cannabis, that which “gets you high.” However, getting down to the legal realm of things, individuals get muddled. So, everyone’s first question is: Is Delta 9 legal in Kentucky? The short answer is yes—though with substantial qualifiers.

Let’s dive into the legal status of Delta 9 THC here in Kentucky, how it compares and contrasts with Delta 8, and what you need to know to make an informed choice about purchasing Delta 9 products within the Commonwealth. You’ll find all the answers you need by the end of this article, so dive right in!

• Kentucky’s delta-9 THC legal position is governed by federal law.
• Kentucky prohibits Delta 9 THC based on Marijuana but allows Delta 9 THC based on Hemp, but with restrictions.
• There is a marked difference between Delta 9 THC and Delta 8 THC, not just concerning their potential effect but their legal status as well.
• Delta 9 THC gummies can be legally bought in Kentucky only if they are made of Hemp and within legal confines.
• Always verify local laws and the origin of the product to remain within legal jurisdiction while purchasing Delta 9 within Kentucky.

Before we get into the nitty-gritty of illegality, let’s define and understand Delta 9 THC and why everybody’s all about it. The primary psychoactive component of Marijuana is Delta-9 THC. Delta 9 THC is known as the compound in cannabis that produces intoxicating effects, which vary by individual.

Delta 9 THC is sometimes mistaken with other cannabinoids, with Delta 8 THC being an example, another form of THC. However, the two chemicals differ in structural and effect compositions.

Delta 9 THC is found mostly in Marijuana, but it can definitely be found in hemp-based products, and this is where the law really gets muddied. Federal law allows hemp-based Delta 9 THC products only if their dry weight contains less than 0.3% Delta 9 THC. This distinction really makes all the difference in whether or not a product can be legally distributed within Kentucky.

Let’s get to Kentucky law. Kentucky’s Delta 9 THC law is a mixed bag. The litmus test here is whether or not your Delta 9 THC is derived from Marijuana or the hemp plant.

Marijuana-based Delta 9 THC is not legal to use recreationally under Kentucky state law. So, should you consider buying Delta 9 THC products made from marijuana plants? You’re out of luck here in Kentucky. Recreational use of Marijuana is illegal, and Delta 9 THC made from Marijuana fits into this same category.

However, Kentucky law permits legal Delta 9 THC-based hemp only with adherence to federal guidelines by the 2018 Farm Bill. Hemp cultivation and the production of hemp-based cannabinoids, including Delta 9 THC, are now legal under the Farm Bill of 2018, with a limit of 0.3% by dry weight.

That is to say that Delta 9 products made of the hemp plant—like Delta 9 gummies, tinctures, and vaping products—can be legalized in Kentucky, only if they remain below the 0.3% THC threshold.

Remember that while hemp-based Delta 9 is legal, it’s very much regulated. The regulation itself ensures that Delta 9 products go through the proper safety and testing standards, providing protection to the consumer and avoiding legal loopholes.

In Kentucky, one of the main differences is that it distinguishes between marijuana-derived Delta 9 THC and hemp-derived Delta 9 THC. Whereas federal law legalized hemp-derived Delta 9 (and therefore legalized within Kentucky), marijuana-derived Delta 9 is not legalized for recreational purposes.

Kentucky, by the way, is against recreational usage of Marijuana. So, marijuana-derived Delta 9 THC isn’t allowed in Kentucky to be consumed by individuals. That would apply to Delta 9 products that have over 0.3% THC by dry weight, even though those products may come from legally grown Marijuana elsewhere.

If you wish to buy Delta 9 THC products that originate from Marijuana, then you will need to wait until Kentucky reevaluates its position on the legalization of Marijuana—something that hasn’t been achieved to this day.

In the State of Kentucky, the statutory regulation of the manufacturing and consumption of Hemp and Marijuana exists in KRS 260.850. In the subsection, cannabis-related products are defined legally, including Delta 9 THC. Marijuana-based Delta 9 THC is thus statutorily defined to be illegal to be utilized on a nonmedical basis, and thus the illegitimacy of marijuana-based Delta 9 THC products in Kentucky.

We should therefore be familiar with this law’s legal terms because they determine what products should and should not be sold. Whereas hemp-based products with less than 0.3% THC are legal, marijuana-based products with this percentage and higher are completely illegal.

Another Kentucky code that categorizes controlled substances, such as Marijuana and its byproducts, is Chapter 218A. Under KRS 218A.010, Marijuana is a classified substance, and all products with levels of Delta 9 THC that exceed the allowed amount are unlawful. That’s why you need to be careful while buying Delta 9 THC-based products to make sure that they’re derived from Hemp and within the 0.3% threshold.

While Delta 9 THC dominates, Delta 8 THC should not be overlooked. Delta 8 THC and Delta 9 THC both exist within the cannabis plant-based cannabinoid category, but each is individual with a unique chemical composition and effect.

The better-known compound is Delta 9 THC, and that’s the substance that creates the typical Marijuana high. Delta 8 THC is often described as having milder psychoactive effects than Delta 9 THC.

Both Delta 9 and Delta 8 THC are legal within Kentucky, as long as they are extracted from Hemp and below the 0.3% THC limit. There are some differences between the two, however. Delta 9 is the primary substance that triggers the psychoactivity of Marijuana, while Delta 8 THC and Delta 9 THC differ in potency and concentration requirements under federal law.

If you’re wondering whether or not you can or cannot purchase Delta 9 THC gummies in Kentucky, legally, then you can, but only if they’re within federal compliance.

Hemp-derived gummies (≤0.3% THC) are permitted under the 2018 Farm Bill. Creating Better Days offers compliant products that align with this requirement. Indeed, Creating Better Days sells some Delta 9 THC gummies that qualify. Our Delta 9 gummies are made from hemp-derived ingredients and undergo third-party lab testing to verify their compliance and content.

When buying Delta 9 THC gummies within Kentucky, make very sure to read the label of the product to ensure that it abides by federal and Kentucky law.

Delta 9 THC is available on shelves and the internet within Kentucky. Hemp Delta 9 can be found on the racks of specialized hemp shops, health food stores, and through quality internet sites that carry such products as Creating Better Days.

Prior to purchasing Delta 9 THC, make sure that the product originates from a reputable source and that its THC concentration falls within the 0.3% THC threshold. Consider products that issue third-party laboratory results (Certificates of Analysis, or COAs) to ensure their strength and legality.

Briefly, Delta 9 THC is legal in Kentucky only if it’s extracted from Hemp and complies with the federal law’s stipulated 0.3% THC ceiling.

If you want only the best hemp-derived Delta 9 THC, then you should contact Creating Better Days. We offer Delta 9 gummies and other products that meet all the applicable legal standards to ensure you receive a compliant and consistent hemp-derived product. 

Indeed, Delta-8 THC is legal within Kentucky only when derived with the aid of Hemp and contains not more than 0.3% Delta-9 THC. 

In order to purchase Delta 9 THC products within Kentucky, you will want to be older than 21.

Additional questions about “Is Delta 9 Legal in Kentucky”? You can reach our staff through email using info@creatingbetterdays.com or by calling 1 (800) 215-0223 and get answers to all your questions. If you have any questions, our Professional Support Team will be glad to assist you. Visit our blog page to find out more about Delta 9 and get answers to all your questions.