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Kentucky Governor Approves Legislation for the Regulation of Delta-8 THC

On April 7th, 2021, Kentucky Governor Andy Beshear signed a bill into law that regulates Delta-8 THC, a compound found in hemp and cannabis plants. The legislation, known as House Bill 136, sets guidelines for the production, distribution, and sale of Delta-8 THC products in the state.

Delta-8 THC is a psychoactive compound that is similar to Delta-9 THC, the main psychoactive compound found in cannabis. However, Delta-8 THC is derived from hemp and is legal under federal law as long as it contains less than 0.3% Delta-9 THC. This has led to an increase in the popularity of Delta-8 THC products, which are marketed as a legal alternative to cannabis.

However, the lack of regulation surrounding Delta-8 THC has raised concerns about the safety and quality of these products. The new legislation in Kentucky aims to address these concerns by requiring manufacturers to obtain a license from the state and follow strict guidelines for production, labeling, and testing.

Under the new law, Delta-8 THC products must be labeled with the total amount of Delta-8 THC per serving and per package, as well as the total amount of all cannabinoids present. Manufacturers must also test their products for contaminants such as heavy metals, pesticides, and residual solvents.

In addition, the legislation prohibits the sale of Delta-8 THC products to anyone under the age of 21 and requires retailers to obtain a license from the state. Violations of these regulations can result in fines or the revocation of a manufacturer or retailer’s license.

The regulation of Delta-8 THC in Kentucky is part of a larger trend of states taking action to address the growing popularity of hemp-derived products. In recent years, several states have passed laws regulating hemp and CBD products, which are also derived from hemp.

Proponents of these regulations argue that they are necessary to ensure consumer safety and prevent the sale of potentially harmful products. However, critics argue that these regulations can be overly burdensome for small businesses and may limit consumer access to these products.

Overall, the regulation of Delta-8 THC in Kentucky is a significant step towards ensuring the safety and quality of these products. As more states consider similar legislation, it will be important to strike a balance between consumer safety and the growth of the hemp industry.

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