Ky. Hemp Association seeking injunction for legal sale of Delta-8 THC products

The Kentucky Department of Agriculture says Delta-8 THC products aren’t legal at the state or federal level.
Published: Jul. 15, 2021 at 5:35 PM EDT
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LEXINGTON, Ky. (WKYT) - The front of The Botany Bay in Lexington has a sign: “Help keep D-8 legal in Kentucky.”

“It’s much like CBD. It helps with anxiety or it can help with sleep,” said Ginny Saville with The Botany Bay.

Delta-8 THC products have been in the legal spotlight lately. Saville has pulled all of the Delta-8 products from shelves after several Kentucky shops were raided and employees are potentially facing drug trafficking charges.

“They do it like a drug raid. They’ll zip-tie everyone’s hands behind their backs, line them up on the flood and take all your product out the front door. All of it. Not just what’s in question, but everything,” Saville said.

The Kentucky Department of Agriculture said it’s because Delta-8 THC products aren’t legal at the state or federal level, and they’re considered a schedule 1 controlled substance.

A spokesperson said Delta-8 THC products can be made with battery acid and pool chemicals, are making people sick, and have traces of harmful chemicals and metals.

But the Kentucky Hemp Association argues Delta-8 THC products are natural and fall into the legal category for hemp.

“We have over 100 other compounds. There’s CBG, CBN, Delta-10, Delta-8. There’s all these other compounds,” said Katie Moyer with the Kentucky Hemp Association.

While they know there’s some gray area in the legal dispute, the Kentucky Hemp Association is at least asking for those raids to stop until issues surrounding Delta-8 can be clarified.

Saville said she’ll keep her sign up and hope state troopers don’t come to the shop.

“They’re way out of line. They’re so far out of line,” Saville said.

Defendants, including the agriculture commissioner, have 20 days to respond. After that, the judge will likely set a hearing to either grant or deny the injunction.

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