In the past month, Kentucky state and county police raided nine licensed CBD and hemp stores for selling Delta 8 products. After police raided two stores located in Morehead, Kentucky, they raided five in Casey County. Similarly, Hardinsburg and Hardin county each saw one store raided. In response Dee Dee Taylor, the chief executive officer of the Hemp Wellness Center in Louisville, filed a lawsuit with the Boone Circuit Court in defense of the raided stores. To be clear, Delta 8 is federally legal across the state following the 2018 Farm Bill’s passage by former President Trump.  

“We are not criminals,” said Taylor. “These raids are being conducted by an opinion letter from the state agriculture department.”

The Kentucky Hemp Association is not only suing Kentucky Agriculture Commissioner Ryan Quarles, but also State Police Commissioner Phillip Burnett Jr. 

Opinion Letter

On April 19, the Kentucky Agriculture Office released a public letter on the recent inquiries received regarding Delta 8. The Office’s general counsel Joe Bibly wrote the letter, and it is no longer available on the Agriculture Office’s website.

“I am writing this letter to advise you that Delta-8 THC is a Schedule I controlled substance under federal law and Kentucky law; that distributing products containing this substance is illegal; and distributing such products could lead to your expulsion from the hemp licensing program as well as potential exposure to criminal prosecution,” the letter states. 

“For that reason, you should not manufacture, market, or distribute products containing Delta-8 THC. Failure to heed this guidance could result in the revocation of your hemp license and expose you to the risks of prosecution by federal, state, and local law enforcement agencies.”

However, this letter comes from the general counsel of the office. Since no official signed the letter, it’s an opinion and not a law. If Governor Andy Beshear, D, had written an executive order banning Delta 8, then those stores would have violated state law. Currently, Delta 8 is legal in Kentucky. The state adopted a similar definition of hemp from the Farm Bill. Hence, that is what the Kentucky Hemp Association is arguing.

Response

Nevertheless, other members of the Kentucky Agriculture Office agree with their general counsel. They say Delta 8 should be illegal and a controlled substance in the state.

​​“Some want to argue that lawmakers accidentally legalized an intoxicating synthetic substance called delta-8 THC,” said spokesman Sean Southard. Other states, like North Dakota, have banned Delta 8 entirely. Most recently, Michigan filed rules to regulate the production and sale of Delta 8 similar to their cannabis programs. 

Future

For now, Delta 8 remains legal in Kentucky. Also there is no current court date for the Kentucky Hemp Association lawsuit. As more information becomes available, we will update you with the latest. 

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