Delta-8 still challenged in Kentucky

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A state senate committee signed off on a proposed bill in Kentucky that would ban “intoxicating” hemp products. The bill is primarily aimed at delta-8 THC, which is made by extracting CBD from hemp and then using a synthetic process to turn it into THC. Legal counsel for the state Department of Agriculture told lawmakers the 2018 Farm Bill, which legalized hemp production across the USA, created legal uncertainty around synthetically-produced compounds from hemp. The senate’s approval came despite an injunction granted the Kentucky Hemp Association (KHA) earlier this week that struck down a ban on delta-8 THC. KHA sought the injunction to halt police raids on producers and re-sellers of delta-8 products. KHA has argued that delta-8 THC is a legal derivative of hemp under state and federal laws, and warned that a ban would severely impact Kentucky’s hemp growers, producers, and retailers. But regulators have pushed back because delta-8 THC is not derived from the hemp plant in a natural manner.

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