Kentucky may very well be considered one of the most hemp-friendly states in the United States with its progressive hemp laws and well-organized hemp programs.

There was a recent bill that would have banned delta 8 THC in the state, but through the efforts of the hemp growers association, both delta 8 and delta 10 THC were removed from the wording on the bill.

According to state laws, delta 8 THC is legal in the state of Kentucky.

As with anything relating to delta 8, these laws aren’t cut and dry. Here we’ll cover all the details regarding the legality of delta 8 THC in the state of Kentucky, as well as some tips on where to find delta 8 THC near you.

Is Delta 8 Legal in Kentucky?

The short answer is yes — delta 8 is legal in Kentucky. However, products containing delta 8 THC are strictly regulated.

Cannabis plants naturally produce delta 8 THC; a cannabinoid formed when delta 9 THC breaks down.

Time and exposure to heat, light, and airspeed up the degradation process of THC, transforming it into other molecules such as the sleep-inducing CBN and the psychoactive (although milder) delta 8 THC.

Because the market demand for delta 8 THC is increasing, it’s not surprising that some confusion regarding its legality will arise, especially since it’s an isomer of THC.

Under federal law, marijuana (or any plant that contains more than 0.3% THC) and all its derivatives are considered illegal, so delta 8 THC directly extracted from marijuana is prohibited.

In 2018, the Farm Bill was signed into law. This legalized hemp production, allowing us to use all its parts — stems, stalks, leaves, flowers, extracts, derivatives, isomers, salts, acids, etc — in producing hemp derived products nationwide. 

Does this mean then that hemp-derived delta 8 THC is legal in Kentucky? Technically, yes. These laws are highly specific, so as long as delta 8 THC is made from hemp and contains no more than 0.3% delta 9 THC — it’s legal.

However, the 2018 Farm Bill also created a loophole that inadvertently allowed the production and sale of legal products containing psychoactive hemp-derived THC and its isomers as active ingredients. You’ll find products such as tinctures, gummies, and vape cartridges containing intoxicating hemp-derived THCs on the market. While these provide customers a legal way to buy such products, they also raise public safety concerns among state health regulators, especially since they’re easily accessible even by minors and many companies also sell them without product testing.

The Kentucky Department of Agriculture (KDA) recently released information regarding the legal status of delta 8 THC. According to the KDA, delta 8 THC is considered a Schedule I controlled substance by the federal government and is prohibited.

However, there’s a problem with the interpretation this state-run agency made when delivering this “announcement.” First of all, the KDA has no policing authority on prohibited substances. Likewise, they do not influence what substances are considered legal or illegal.

Secondly, the conclusion the KDA came to on this matter has been widely disputed already for using its “official position in a manner not only wrongheaded from a policy standpoint but also wrong in its legal analysis” — Rod Kight from Cannabusiness law.

In 2022, a Kentucky court decision affirmed that hemp-sourced delta 8 THC is legal in the state. In response, Democratic Gov Andy Beshear then released an executive order directing state regulators and the Cabinet for Health and Family Services to regulate the market and establish testing requirements on delta 8 products.

Lawmakers and state legislature passed, in 2023, House Bill 544. HB 544 states that delta 8 products, to be legal, must be derived from industrial hemp with less than 0.3% delta 9 THC on a dry weight basis. Products are also now subject to packaging, testing, and labeling requirements. Moreover, age restriction requirements are also strictly enforced.

Where to Buy Delta 8 THC in Kentucky

There are a few places people can buy delta 8 THC products within the state. But overall, the best place to order any legal cannabinoids is online. There are several good reasons for this.

The benefits of ordering delta 8 THC online:

• Online shops have better pricing and seasonal discounts
• When you buy online you can read customer reviews & third-party tests before you buy
• Ordering online is easier and more convenient
• Online shops have a greater selection of products
• Products left on store shelves degrade more quickly

Shop For the Best Delta 8 THC Products in Kentucky

Do I Need a Medical Card in Kentucky to Order Delta 8 THC?

No, you won’t need a medical card to order delta 8 THC products in the state of Kentucky. You can order these products online without a license.

Of note, medical marijuana is now legal in Kentucky, and the state’s medical cannabis law took effect on the 1st of January 2025. To join the program, you must be diagnosed with a qualifying medical condition, which includes but is not limited to treatment-resistant pain, debilitating epilepsy, multiple sclerosis, and other chronic health conditions non-responsive to conventional medical treatments.

Recreational marijuana remains illegal in the state of Kentucky.

What Does Delta 8 THC Feel Like?

Without a doubt, delta 8 THC is creating a huge impact in the cannabis world.

It’s not as intoxicating as delta 9 THC, and the mind-altering effects it produces are cleaner, smoother, and milder. It’s also not known to significantly alter mental clarity or make you lose your focus and concentration.

In addition to its milder mind-altering effects, delta 8 THC also doesn’t induce paranoia or hallucinations.

For consumers who want to avoid these THC side effects, delta 8 THC seems to be a perfect choice.

How Does Delta 8 THC Differ from Delta 9 THC?

Delta 8 THC is a psychoactive cannabinoid that forms due to the natural degradation of delta 9 THC.

As such, delta 8 THC has a chemical structure that’s almost identical to THC. The only difference in their chemical structure is the location of a double bond.

Delta 9 THC has a double bond on its ninth carbon, while delta 8 THC is on its eighth carbon.

This slight difference creates small changes in their shape and form, affecting how they bind to the CB1 receptor, the receptor responsible for the mind-altering effects of THC.

This may also be why delta 9 THC has a stronger influence on the CB1 receptor than delta 8 THC.

Because delta 8 THC is a degraded form of delta 9 THC, it makes the former more stable chemically, resulting in its milder and clearer psychoactive effects.

Is Delta 8 THC Natural or Synthetic?

Cannabis plants produce only small amounts of delta 8 THC, so manufacturers use techniques that facilitate the isolation of delta 8 from hemp-derived cannabinoids — such as CBD.

CBD is technically an isomer of THC, so it’s a relatively simple process to catalyze CBD into other isomers, including delta 8 THC.

However, the use of laboratory methods raises whether delta 8 THC is a natural or a synthetic cannabinoid.

For a chemical to be called synthetic, it should be man-made and not found in nature. An example of this is the synthetic THC-like cannabinoid called K2 or spice.

Now, delta 8 THC is a naturally occurring cannabinoid found in cannabis plants, so it can’t be considered a synthetic compound even if it’s synthesized from CBD, which is also a naturally occurring cannabinoid.

Does the laboratory process of converting CBD into delta 8 THC make it a synthetic cannabinoid, then?

You could ask the question about vitamin C. This is another compound that’s usually made in a lab but is also found in nature. We don’t go around calling vitamin C synthetic, do we?

How to Use Delta 8 THC

Delta 8 THC, like other cannabinoids, also comes in different forms.

Many customers opt for inhalable and smokable products like vapes, flowers, and pre-rolls infused with delta 8 THC for faster onset effects. You can also use sublingual products like tinctures and oils, which you put under your tongue for a couple of minutes before swallowing.

For a longer duration of effects, you can choose ingestible products like gummies and soft gel capsules. The onset of effects can take anywhere between half an hour to an hour since the cannabinoid has to go through the abdomen and the liver where it’s metabolized.

What’s the Dose of Delta 8 THC?

As for the dose, we recommend starting at the lowest dose possible. This means taking half a dropper instead of a full one, dividing the delta 8 THC edible into smaller pieces, or taking a small puff compared to a lungful.

You’ll have more control this way since you can easily gauge your reaction to delta 8 THC.

Stop or cut down on your intake if you think you’ve had too much, or increase the dose if you didn’t feel any effects.

The important thing is that you listen to your body to adjust the dose accordingly until you find your sweet spot.

Delta 8 THC Vapes and the PACT Act

What exactly is the PACT Act? How does it protect minors and impact the vape industry?

It was in 2010 that the PACT (Prevent All Cigarette Trafficking) Act was first enacted. This law prevents vendors from shipping cigarettes and smokeless tobacco products through the USPS (United States Postal Service).

In December 2020, the law was amended, and it also now prohibits vendors from shipping e-cigarettes, vapes, and related accessories through the USPS.

It wasn’t long before big private shipping companies like FedEx and UPS also followed suit. There are some concerns as well that other shipping companies will follow soon.

While this significantly impacts the cannabis vape industry, it doesn’t ban the sale and use of vape-related products though.

Delta 8 THC producers can still ship their products to consumers via direct delivery companies. These alternative partners are just as rigid and strict when it comes to verifying the identity and age of the recipient.

How will you know then that you’re buying quality delta 8 THC products online?

First, look for reviews about the delta 8 THC producers, their products, and the vendors or online cannabis shops. Make sure that the products underwent third-party testing by a certified laboratory facility and have certificates of analysis as proof.

Second, check their FAQ section and read their shipping process thoroughly. Make sure that the vendor and their delivery partner are verifying their buyer’s identity and age before shipping and delivering the products.

Online cannabis shops, including vape vendors, are obliged under US laws to verify the identity of their clients and enforce age restriction requirements.

A company that doesn’t ask for these details is breaking the law and putting their client’s health at risk as well, so if you encounter an online vendor like this, avoid them.

Companies that are more than willing to break the law may also be using inferior products or cutting costs somewhere.

As a consumer, you should only buy from trusted sources.

Is Marijuana (Delta 9 THC) Legal In Kentucky?

Marijuana is not legal in the state of Kentucky. However, this farm-friendly state is one of the leading producers of hemp in the country.

Related: Where is marijuana legal in the United States?

Is Delta 10 THC Legal in Kentucky?

Delta 10 is held under the same regulations in the state of Kentucky as delta 8 — which means it remains legal under the stipulations that it doesn’t contain more than 0.3% Delta 9 THC and is made entirely from hemp.

Both delta 8 and delta 10 possess milder psychoactive effects compared to delta 9 THC.

However, delta 8 THC leans toward Indica effects, while delta 10 THC leans toward Sativa effects. Simply put, delta 8 THC gives you a relaxing vibe, while delta 10 THC provides an invigorating buzz.

Final Thoughts — What’s the Future of Delta 8 THC in Kentucky?

Delta 8 THC is quickly rising in popularity. It’s becoming the cannabinoid to try if you’re simply after milder and smoother psychoactive effects.

Delta 8 THC is currently legal in the state of Kentucky, and it’s likely to remain this way for the foreseeable future. Cannabis legalization is now in full swing in the United States. Just about every other month, a new state passes laws to legalize the plant in its entirety.

Additionally, the hemp industry in Kentucky is massive — and delta 8 seeks to become a major source of income within the state in the coming years.

Despite the detached logic of the talking heads currently running the KDA, it’s very likely the hemp industry in the state will continue to advocate for the use of delta 8 and other hemp-derived extracts over the next few years.

FAQs on Delta 8 and Other Cannabinoids in Kentucky

Below is a short list of questions and answers regarding the legality of delta 8 and other cannabinoids in Kentucky.

1. Is Delta 8 Legal in Kentucky in 2025?

Delta 8 is legal in Kentucky but is subject to strict regulations, including age, testing, packaging, and labeling requirements.

2. Can You Buy Delta 8 Online in Kentucky?

You can buy delta 8 online, but make sure it’s derived from hemp and compliant with the 2018 Farm Bill to avoid problems.

3. Is Delta 10 Legal in Kentucky?

Delta 10 is also legal in Kentucky since it is covered by the same laws that apply to delta 8.

4. When Did Kentucky Legalize CBD?

Hemp CBD became legal in Kentucky when the 2018 Farm Bill was passed. As for marijuana-derived CBD, it became legal in 2023, with the new law taking effect in 2025.

5. Is HHC Legal in Kentucky?

HHC is also legal in Kentucky and is governed by the same laws that apply to both delta 8 and delta 10.