Judge Rules Delta-8 THC Legal for Sale in Kentucky

A judge in the U.S. state of Kentucky has sided with the state’s hemp industry over law enforcement.

The judge ruled that products containing delta-8 THC derived from hemp are legal, a hemp trade association said in a news release.

The Kentucky Hemp Association (KHA) – which sued the state over the issue a year ago – celebrated the ruling as “a huge win for farmers and retailers.”

Police had begun raiding licensed Kentucky hemp shops in an effort to crack down on the delta-8 THC market.

The enforcement stemmed from the state Department of Agriculture releasing a letter that referred to delta-8 THC hemp products as a “Schedule 1 controlled substance,” illegal under U.S. law, despite the federal legalization of hemp in 2018, according to mjbizdaily.

The KHA then sued the department, the state agriculture commissioner and the state police commissioner to halt the raids.

“These delta-8 raids on retailers were … a challenge we were ready and willing to face in order to protect retailers of Kentucky Proud Hemp products,” KHA Vice President Tate Hall said in the release.