As we have previously covered here, the Agriculture Improvement Act of 2018, commonly referred to as the 2018 Farm Bill, effectively federally legalized any products derived from the plant Cannabis sativa L and containing no more than 0.3% Delta-9 THC.
The companies’ argument is that these products are legal as long as they meet the 2018 Farm Bill’s definition of hemp; namely, that their ingredients are derived from the plant Cannabis sativa L and contain less than 0.3% Delta-9 THC.
Not long afterward, a state trial court in Kentucky similarly upheld an injunction prohibiting the commissioner of the Kentucky State Police from “instituting or continuing any criminal enforcement action on the basis of legally compliant Hemp,” which “includes any products that contain .” The granting of an injunction to preserve the status quo is only a small victory in these ongoing battles, but Delta-8 THC and Delta-10 THC will remain available in these states pending final decisions on the merits .
Notwithstanding these decisions, the legality of Delta-8 THC and Delta-10 THC will continue to vary on a state-by-state basis depending on whether states have adopted a different definition of hemp that prohibits the sale or possession of these products.
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