Kentucky to Regulate Delta 8 Sales

Gov. Andy Beshear issued an executive order on November 15th allowing Kentuckians suffering from medical conditions to access medical cannabis products purchased from dispensaries in other states where medical marijuana is legal. Furthermore, he issued an additional executive order to regulate the sale of Delta 8.

Delta 8 has incredible potential as a therapeutic as it has many of the same benefits as cannabis, minus some of the intoxication. Delta-8 THC is considered legal at the federal level because it is derived from the hemp plant, instead of marijuana.

What is Delta 8?

Delta-8-tetrahydrocannabinol, referred to as Delta 8, is a psychoactive cannabinoid with effects like Delta-9 THC. Delta 8 is one of more than 100 cannabinoids found in cannabis sativa plants, but it’s not present in significant levels. Concentrated amounts of delta-8 THC are typically manufactured from hemp-derived CBD, according to the Food and Drug Administration (FDA).

Delta 8 and Kentucky

Kentucky’s Cabinet for Health and Family Service will implement the regulation for the sale of Delta 8 products. The announcement received critics from several Republicans who accused the Governor of overstepping his authority.

Republican Jason Nemes, the lead sponsor of medical marijuana legislation in the state, criticized Beshear for violating the “Rule of Law” and argued that he “has granted himself a power that exists nowhere in the United States and finds no refuge in Kentucky’s Constitution.”

The state will regulate the sale of Delta 8. It is not a controlled substance in Kentucky nor under federal law, and a court has ruled that it is legal in Kentucky.

“Right now, there are no checks on how it is packaged and sold. We must establish a regulatory structure to ensure that Delta 8 is sold and purchased safely in the commonwealth,” stated Gov. Beshear. “The structure can and will also serve as a template for when the General Assembly fully legalizes medical cannabis. That means we can learn in real-time, train our people and be ready to go.”

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