August 01, 2023

Kentucky Publishes Draft Regulations For Delta-8 THC Products

This afternoon, Kentucky became the first state to develop comprehensive draft regulations for the sale of adult hemp-derived cannabinoid products, such as delta-8 THC. The Kentucky Department for Public Health (KDPH) filed the linked amended emergency administrative regulation.

As reported earlier this year, after winning a battle against a bill that would have criminalized intoxicating products, Hemp Supporters were able to secure another win with the unanimous passage of H.R.544, whereby delta-8 THC products were regulated, not banned, and kept out of the hands of minors.

Unfortunately, the emergency regulation poses a number of concerns. First and foremost, the new regime would impose a variety of unique labeling, packaging and marketing requirements that would place a burden on interstate commerce. Worse yet, products with any amount of THC would be considered “adult use hemp-derived cannabinoid products,” meaning that non-intoxicating broad and full spectrum hemp products would be treated akin to impairing adult use products, with the same age, labeling and manufacturing restrictions.

Fortunately, this is just the beginning of the process, and state officials have expressed a genuine openness to hear our opinions.  We will be registering our concerns and suggestions for improvement in the coming weeks.

On a more formal note, the deadline for written comments is September 30th, and there may be a hearing scheduled on September 25th if one is requested. The Roundtable will be engaged with both.

In the meantime, we would love to hear your thoughts. Please review the emergency regulations, and feel free to send any feedback at the link below.

Check out these previous updates on Kentucky Delta-8 Regulations

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