Is Delta 9 Legal in Kentucky? (2024)

Some Delta 9 THC products are legal in Kentucky, including all our THC gummies and Delta 9 edibles.

Read on for the full scoop on the legality of Delta 9 THC in Kentucky.

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How is Delta 9 THC legal in Kentucky?

What is Delta 9 THC?

What are the effects of Delta 9 THC?

Which Delta is the strongest-Delta 8 vs Delta 9?

Is it legal to buy Delta 9 THC online in Kentucky?

How do I find Delta 9 gummies in Kentucky?

Under the 2018 Farm Bill, products containing Delta 9 THC are legal on a federal level in the US, provided they meet the following conditions.

The Delta 9 THC is derived from hemp
Products contain 0.3% or less of THC by dry weight

Following the federal legalization of hemp for industrial purposes, Kentucky followed up with similar state legislation authorizing the commercialization of Delta 9 THC products. Kentucky House Bill 236 was signed into law in 2018, which authorized the Kentucky Department of Agriculture to administer a state hemp program and accordingly legalize industrial hemp in consumer products, as well as its large-scale growing and production.

The 2018 Farm Bill authorized the widespread production of hemp derived products on a federal level, and removed hemp from the DEA (Drug Enforcement Administration) list of Controlled Substances.

This Bill differentiated industrial hemp from marijuana, which is cultivated for its high THC content. Federally legal hemp products, according to the Farm Bill, must contain less than 0.3% of THC by dry weight, and the source of THC must be industrial hemp.

Even though hemp is legal on a federal level, each state can determine which hemp-derived products are legal in said state. For example, Delta 8 gummies are legal on a federal level but illegal in a number of states.

The 2018 Farm Bill gives states the authority to submit plans to the United States Secretary of Agriculture in order to have primary regulatory control over the production of hemp within their borders. The plans must include procedures for tracking the land on which hemp will be grown, as well as testing, disposal, enforcement, inspection, and certification procedures.

Medical Marijuana in Kentucky

The term “medical marijuana” refers to using the whole unprocessed marijuana plant or its basic extracts to treat a disease or symptom. Studies show that the marijuana plant contains chemicals that may help treat a range of illnesses or symptoms, and can assist patients suffering from serious medical conditions by alleviating pain and improving their quality of life.

While some states have already legalized marijuana for medicinal purposes, the issue is still being hotly debated in many others. As of 2019, a total of 41 states in the US have successfully legislated medical marijuana programs, with 19 states adopting recreational cannabis programs, and 23 states decriminalizing cannabis entirely.

In Kentucky, House Bill 521 and Senate Bill 186 are now pending legislation to legalize the possession, growing, and use of medical cannabis and adult-use cannabis by those 21 and older in the state, as well as to establish a regulatory framework for retail sales.

The L.E.T.T. (Legalize, Expunge, Treat, and Tax) Grow Bill establishes a Cannabis Control Board to oversee both the medical and adult-use cannabis markets. It establishes social equity rules for the board and the marketplace as a whole, protects licensed cannabis users from discrimination in the workplace, and allows persons with past marijuana-related misdemeanor convictions to petition the courts for the erasure of their criminal records.

Adults 21 and older would be allowed to possess up to one ounce of marijuana in public and up to twelve ounces in private, transfer up to one ounce among adults without compensation, and produce up to ten mature plants for personal use. If the bill is enacted, the legal selling of medicinal and adult-use cannabis to customers would begin on July 1, 2024.

Recreational marijuana is illegal in Kentacky.

Hemp Farming Act

Sec. 1 Definitions—Industrial Hemp

As used in KRS 260.850 to 260.869:

"Hemp" or "industrial hemp" means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis;

(6) "Hemp products" or "industrial hemp products" means products derived from, or made by, processing [industrial ]hemp plants or plant parts;

(25) "Marijuana" means all parts of the plant Cannabis sp., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin or any compound, mixture, or preparation which contains any quantity of these substances. The term "marijuana" does not include:

(a) Industrial hemp that is in the possession, custody, or control of a person who holds a license issued by the Department of Agriculture permitting that person to cultivate, handle, or process industrial hemp;

Section 5. KRS 260.858 is amended to read as follows:

It is unlawful for a person who does not hold a license issued by the department, or who is not an agent of a licensee, to cultivate, handle, process, or market living [industrial ]hemp plants or viable seeds, leaf materials, or floral materials derived from [industrial ]hemp. Penalties for persons who cultivate, handle, process, or market living [industrial ]hemp plants or viable seeds, leaf materials, or floral materials derived from [industrial ]hemp without a license are the same as those penalties that are applicable to persons who violate KRS Chapter 218A, relating to marijuana.

In other words, similar to the Farm Bill specifications, Delta 9 THC products can be sold in Missouri State if they meet the following criteria:

Delta 9 THC in the product is derived from hemp
The product contains 0.3% or less of THC by dry weight

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FAQ on Delta 9 Kentucky Legality

Are Delta 9 gummies legal in KY?

Yes, Farm Bill compliant Delta 9 gummies are legal in Kentucky. You can buy Delta 9 gummies online or in-store without any restrictions, so long as they meet the following conditions:

The THC must be derived from the hemp plant rather than the marijuana plant
THC concentrations must not exceed 0.3% by dry weight

All our Delta 9 gummies are legal for you to buy in Kentucky. Shop our products online now!

What is stronger, Delta 9 or Delta-8?

Delta 9 THC is stronger than Delta 8 THC. According to a recent study, the effects of Delta 8 are much milder, with participants comparing this compound to ‘Delta 9’s younger sibling’. Due to their milder effects, Delta 8 gummies are a great choice for people new to products containing hemp.

How strong is Delta-9 THC?

Delta 9 THC has different effects on a person, depending on 2 main factors:

The dose of Delta 9 taken
How accustomed the consumer is to taking Delta 9 THC

Additionally, the following also influence how Delta 9 affects the person taking it:

What is the consumption method? Some THC substances travel through the lungs and become accessible more quickly (like vaping or smoking). Some products must be digested (like edibles, gummies, oils, or capsules). These various forms may influence how long it takes to affect your brain and how powerful Delta 9 will affect you. Some forms of consumption have a quick and intense impact, while others have a longer, constant, and less obvious psychoactive effect.
What is the quality of the Delta 9 used? Is it pure? Is it saturated with chemicals or other substances? What percentage of Delta 9 THC is consumed? Higher levels have far greater impacts.
How often is the product used? If you take Delta 9 THC and other cannabinoids on a daily basis, they will remain in your system and influence how responsive you are to new inputs of Delta 9.

Is Delta 8 THC legal in Kentucky, 2022?

Delta-8 THC is temporarily legal in Kentucky. On August 7, 2022, Boone Circuit Judge Rick Brueggemann officially declared that Delta-8 THC is legal in Kentucky, issuing a permanent injunction that prevents law enforcement from charging Delta 8 retailers and producers with criminal activity.

The legality status of Delta 8 in Kentucky is subject to change, so it’s important to stay informed and understand the law around industrial hemp and its byproducts if you plan on consuming Delta 8, or any other THC product.

Is CBD legal in Kentucky?

Because hemp is legal in Kentucky, CBD extracted from hemp is legal too. Kentucky House Bill 236 was passed in 2020, allowing the state's Department of Agriculture to implement a certified hemp plan and program. The regulation, which matches the farm bill's difference between cannabis and hemp, requires that dried hemp have no more than.3% THC by weight.

Is Delta-9 legal in all 50 states?

In December 2018, the U.S. Congress passed the 2018 Farm Bill, federally legalizing hemp, defined as cannabis (Cannabis sativa L.) and derivatives of cannabis with extremely low concentrations of the psychoactive compound Delta-9-tetrahydrocannabinol (THC) (no more than 0.3 percent THC on a dry weight basis), from the definition of marijuana in the Controlled Substances Act (CSA).

These products are now legal in 48 states which essentially follow the Farm Bill when it comes to Delta-9 legalization. Idaho and Kansas are the only two states where hemp Delta 9 is explicitly banned.

Is Delta 9 an indica or sativa?

Delta 9 itself is neither an indica or a sativa, but it can come from either of the two main strain types of the cannabis plant: Cannabis sativa and Cannabis indica. These cannabis plants produce different effects, as indica strains contain more CBD, leading to a more relaxing high. Unlike hemp-derived Delta 9, cannabis-derived Delta 9 THC is not federally legal.

Do Delta 9 Gummies show up on a drug test?

Yes, even if you consume legal Delta 9 Gummies, you may fail a drug test. If you only took Delta 9 once, it will likely be cleared from your urine in four days or less. If you have taken it habitually, it can take a month or more to clear your system for a drug test.

Is Delta 9 sold in Kentucky?

In Kentucky, you can buy Delta 9 products from nama CBD. Shop now!

Avoid purchasing hemp Delta 9 THC products from any unauthorized merchant, including strangers on the internet, on social media outlets, or forums. The risk of purchasing a fake product is significantly high. Furthermore, businesses that sell hemp-infused items must be registered with the state.

Is Delta-10 legal in Kentucky?

Delta 10 is held under the same regulations in the state of Kentucky as Delta 8, which means it remains legal as long as it is hemp derived and contains no more than 0.3% or less of THC by dry weight.

The legality status of Delta 10 in Kentucky is subject to change, so it’s important to stay informed if you plan on consuming Delta 10, or any other THC product.

Is THC-O legal in Kentucky?

THC-O is currently legal in Kentucky. Although it is federally legal, THC-O is not legal in all US states, and many have revoked its legal status in recent years due to its potency. If you consume THC-O in Kentucky, keep track of any changes to hemp industry laws that may jeopardize its legality status.

Is Delta 9 federally legal?

The Farm Bill that was passed in 2018 made it legal in the United States to grow and sell hemp-derived products that contain 0.3% or less Delta-9 THC by dry weight. This law applies to all states in the US, plus Puerto Rico and D.C.

However, some states have additional restrictions on Delta-9 THC, and California is the only state with general restrictions on hemp-derived Delta-9 THC. These restrictions involve testing requirements and packaging restrictions.

Despite these restrictions, hemp Delta 9 products are still legal in 48 states, making them widely available to consumers across the country.

What states can you get Delta-9?

Although the baseline law for legality of Delta 9 products is the 2018 Farm Bill, which most states simply transcribe into their state laws, some states have taken different approaches. Some states keep hemp delta-9 as legal, others restrict Delta 9 through regulation or outright banning it.

Hemp-derived Delta 9 products are legal in 48 states, plus Puerto Rico and D.C., with these states essentially following the Farm Bill when it comes to Delta-9

Hemp-derived CBD products are legal in Kansas but only if they contain 0% Delta-9 THC.

Idaho is the only state where hemp Delta-9 is explicitly banned.

You can buy nama CBD Delta 9 products legally in the following states (in addition to Kentucky):

Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Illinois
Indiana
Iowa
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming

Does Delta 9 show up on drug tests?

Yes, Delta 9 will show up on a drug test, as will all other forms of THC. If you know you’re going to be drug tested, stop taking products with THC about a month or so before the test, even if the product in question is fully legal.

Does Delta-9 get you stoned?

Delta 9 THC can get you “high” or “stoned” at a high enough dosage. Delta 9 gummies are a type of cannabis-infused candy that contain lower doses of Delta 9 THC. Our Delta 9 gummies will not make you high if you follow our recommended dosage—but you will experience the beneficial effects of Delta 9.

The effects of Delta 9 products can vary depending on the person, with factors such as genetics, tolerance levels, and other variables playing a role. However, generally speaking, Delta 9 THC is known for causing relaxation, euphoria, and increased appetite. If you're new to Delta 9 gummies, it's important to start with a low dose and see how you react before consuming more.

Can I fly with Delta 9 gummies?

Yes, you can fly to and from 49 US states with hemp-derived Delta 9 gummies that contain less than 0.3% of THC, except Idaho. If you are traveling abroad, the legality status of hemp products in your destination country will dictate whether you can fly with Delta 9. Remember, hemp is a controlled substance in many countries, and even fully illegal in some.