After a lengthy legal argument between the Kentucky Hemp Association (KYHA), the Kentucky Department of Agriculture (KDA), and Kentucky State Police regarding the legal status of delta-8 THC in Kentucky, Boone Circuit Judge Rick Brueggemann has declared the substance to be a legal derivative of hemp.
KDA sent a letter to hemp license holders in April 2021, stating that delta-8 was prohibited under federal law, which led to law enforcement raiding retailers who sold the product, using the KDA’s letter as grounds. According to a press release, the raids led the KYHA to file a lawsuit against the KDA and Kentucky State Police, arguing that delta-8 is legal under state law and that the raids were unwarranted.
On Aug. 3, hemp license holders in the state got long-awaited clarity on the issue when “Boone Circuit Judge Rick Brueggemann declared delta-8 to be a legal derivative of hemp and issued a permanent injunction against law enforcement which prevents them from charging retailers and producers with criminal activity for selling delta-8,” the release states.
According to the release, the injunction against the KDA was dismissed “due to a lack of standing, leaving hemp processors at risk of losing their hemp licenses.”
Katie Moyer, president of the KYHA, sent a letter to members stating that Brueggemann’s ruling is a big win for hemp farmers and retailers in the Commonwealth of Kentucky, adding that banning such products would be a big step backward.
Tate Hall, vice president of KYHA, also released a statement on the