Opinion: Kentucky should choose regulations over Delta 8 THC raids

Opinion: Kentucky should choose regulations over Delta 8 THC raids

We at Nothing But Hemp were sad to learn about a recent raid conducted in Kentucky that resulted in the seizure of roughly $7,500 worth of delta-8 THC products. According to a Facebook post published by the Casey County Sheriff’s Office, the owner of the five affected retail stores was threatened with felony charges if delta-8 products are found in his stores again.

The 2018 Farm Bill made hemp and hemp-derived products legal. This includes delta-8 THC, which is a cannabinoid that is found naturally in hemp. However, the Casey County Sheriff’s Office was able to confiscate the delta-8 products because Kentucky has chosen to make delta-8 THC products illegal in their state. This is such a disappointment coming from a state that has such a rich history as a hemp producer.

Hemp was grown in Kentucky as early as 1775. The plant thrives there, and the state’s hemp industry grew. By the mid-1900s, Kentucky was the leading hemp producing state in the country. Even today, Kentucky produces more hemp than nearly any other state.

Knowing this and knowing that the market for delta-8 products is the fastest growing segment of the hemp industry, it seems illogical for Kentucky to ban delta-8 products. We feel that a ban on these products could even be dangerous.

As with many banned substances, a delta-8 ban will encourage many consumers to turn to the black market. Without regulations to hold the manufacturers accountable for maintaining best practices, some of the products sold on the black market could be hazardous. Delta-8 products, more than some other products, must be crafted carefully to avoid residual chemicals left over from or created by the conversion process.

In addition to our safety concerns, we at Nothing But Hemp share concern over the freedom consumers should have to make choices about their own wellness treatments. Many of our customers have told us that they prefer delta-8 and other hemp products over more traditional pharmaceuticals. For some customers, natural remedies result in fewer side effects than they experience with pharmaceuticals. For other customers, a sincere distrust of big pharma plays an important role in their choice to pursue more natural solutions. Regardless of the reason, people deserve to make their own choices about what they consume and how they manage their health.

A delta-8 ban has the potential to harm consumers and legitimate businesses, but it also adds another chapter to the greater cannabis prohibition, a prohibition rooted in racial injustice since the beginning.

We believe that a prohibition of any cannabis product and the negative stigmas people have about cannabis, whether intention or not, only perpetuates the racism that set the cannabis prohibition in motion years ago with the Marihuana Tax Act of 1937 and later the Controlled Substances Act of 1970.

All cannabis needs to be legal. We, as a country, need cannabis to be regulated for consumer safety. We need to allow the legitimate businesses to thrive as long as their products are safe. We need to allow consumers to choose and legally access the wellness products that make them most comfortable. We need to shed any beliefs we may have that misrepresent the truth of this plant and those who choose to use it.


[1] https://www.facebook.com/668884206603401/posts/2086624154829392/?d=n

[2] https://www.kyhempsters.com/kentucky-hemp-history

[3] https://cdn.shopify.com/s/files/1/0643/7050/7968/files/KDAStatementApril192021_22614d80-9896-4614-b0b9-24541c6168aa.pdf?v=1717674339

[4] https://cdn.shopify.com/s/files/1/0643/7050/7968/files/hemp-harvest-2020_FINAL_2aa85d9a-39ee-4441-aaf6-743d6e5e2f38.pdf?v=1717675897

[5] https://www.businessinsider.com/racist-origins-marijuana-prohibition-legalization-2018-2