Is Delta 10 Legal in Kentucky? (Updated for 2024)

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**Disclaimer: The information in this article regarding Delta 10 is drawn from comprehensive research. We have made every effort to share the most accurate information available at the time of writing. Remember, the legal status of cannabinoids varies by jurisdiction and can change status over time. The reader is advised to check the legal status of cannabinoids before acting, and we do not accept liability for this information. This content is for educational purposes only.

Right now, Delta 10 is a grey area but it could become clear and legal here (laws are always changing!) Here’s why buying and owning Delta-10 THC in Kentucky can be a little tricky, and our thoughts on this matter.

Kentucky is famous for its bourbon and moonshine. But for people who prefer cannabis or cannabinoid products rather than alcohol, knowing whether Delta 10 is legal (or not) in Kentucky pretty much dictates the entire experience. So, before you hit the road and go purchase Delta-10 products, so read on.

Key Takeaways

  • Delta-10 THC is a chemical analogue of Delta-9 THC, but with less potent psychoactivity.
  • The legality of Delta 10 in Kentucky is influenced by federal and state laws.
  • Because Kentucky has its own laws governing hemp-derived products, Delta 10’s legal status is not cast in stone.
  • Anyone looking to purchase a Delta 10 product should check state and local laws, and consider pure hemp products sourced from a reputable brands like Botany Farms.

Delta 10 and the Federal Law

Delta-10 THC is one of the numerous cannabinoids found in cannabis. Unlike Delta-9 THC, the most popular psychoactive compound in cannabis, Delta 10 has milder effects. As far as its legality and that of hundreds of other cannabinoids go, the 2018 Agriculture Farm Bill is the go-to document.

According to this law, hemp – along with hemp-derived compounds such as CBD – are federally legal, provided the source hemp's Delta-9 THC levels do not exceed 0.3 per cent on a dry weight basis. However, the bill does not refer directly to Delta 10, leaving it in a grey area at the federal level.

Nonetheless, this statute permits cannabinoid products as long as they are derived from hemp. And, federally compliant hemp may not possess more than 0.3% THC by dry weight. As a result, Delta 10 products (and derivatives thereof), like edibles, tinctures, infused flower, and everything else, are legal so long as legal Delta-10 THC remains below 0.3%.

Kentucky’s Delta 10 Laws

The laws of Kentucky are complicated on this front. For instance, in 2021, the Kentucky Department of Agriculture (KDA) issued a letter stating that Delta-8 THC was technically illegal to distribute or possess in the state due to it being a Schedule I controlled substance under federal law.

In August 2022, a Kentucky State judge ruled that products containing Delta-8 THC derived from hemp with no more than 0.3% Delta-9 THC are legal. One would assume that this ruling also applies to Delta-10 THC.

At this time, Delta-10 THC is legal in the state of Kentucky, although this may change. In March 2023, Governor Andy Beshear signed HB 544 to regulate hemp-derived products, including Delta-8 THC and other hemp-derived cannabinoids.

Is Delta 10 a Controlled Substance in Kentucky?

At the time of this writing, Delta 10 THC is not specifically listed as a controlled substance in Kentucky state law, which theoretically means that Delta 10 derived from hemp with less than 0.3 per cent THC could be legal.

But the lack of clearly stated state law that specifically regulates Delta 10 allows for room for interpretation and, perhaps, for litigation. Delta-10 THC is not a controlled substance under HB 544 in Kentucky.

Delta 10 Possession Limits in Kentucky

Because Delta 10’s legal status is not clearly defined in Kentucky at the time of writing, it would be difficult to determine what the state’s possession limits are for Delta 10 products.

If Delta 10 was to be categorized under the same statute as CBD and other hemp-derived products in Kentucky, then you would have no possession limit if your Delta 10 product had less than 0.3% Delta 9 THC in it.

However, consumers are advised to keep track of current legal news to make sure they’re complying with state laws. It seems at this time that there are no possession limits for Delta 10 in Kentucky.

The legal status of various cannabinoids, including Delta-10 THC, is blurry in Kentucky. However, the 2018 Farm Bill and Kentucky's HB 544 appear to accord this cannabinoid some leeway in this state. As such, Delta 10 is legal in Kentucky.

Still, it is advisable to stay updated on developments in the hemp space. Laws and regulations are constantly changing, so keeping abreast of these is the only way to enjoy hemp products lawfully.

As the cannabis industry and its products play out in the market, laws keep changing, consequently changing the legal status of CBD, THC and other cannabinoids like Delta 10. At present, the legal status of cannabinoids like Delta 10, when made from hemp with less than 0.3% Delta-9 THC, seems to be in a legal grey zone. While the product is likely to be legal, its status is open to interpretation and, under current laws, subject to change.

Prospective purchasers of Delta 10 products should use caution and acquire them only from reputable dealers that can offer consumers written reports of product testing and compliance with federal and state laws. A good source for such products is Botany Farms, which offers high-quality, laboratory-tested hemp products.

Finally, please note that these findings are based on our current evaluation of federal and Kentucky laws. You should seek the advice of a lawyer before any recreational or commercial use of Delta 10. And be sure to purchase from a reliable source (we recommend Botany Farms).

Where to Buy Delta 10 Online

Get high legally in Kentucky with Botany Farms’ Delta-10 THC, including our Delta-10 Mango Gummies and Delta-10 Pineapple Gummies. Our refreshing Pineapple Haze Delta-10 Vape Cart. Laced with double strength terpenes, our flagship Pineapple Haze Delta-10 Vape Cart will leave you in a higher state and ready for anything life throws at you.

If you’re interested in checking out our cannabinoid-rich, legal, hemp-derived Delta-10 THC goods, we invite you to check us out! Botany Farms offers hemp goods for anyone ready to dive into the cannabinoid ecstasy. Whether you are new to the world of cannabinoids or an experienced enthusiast, we have you covered.


  1. https://www.congress.gov/bill/115th-congress/house-bill/2
  2. https://legiscan.com/KY/text/HB544/id/2791108

This article was last updated in April 2024, and the information provided in relation to US federal and state cannabis laws is accurate as of the date provided. Due to the rapidly changing cannabis bill across the state and federal levels in the US, the information herein may become outdated at any time. Additionally, to avoid doubt, this article is NOT intended to be legal advice. Botany Farms does NOT provide any legal advice; neither is any individual or entity associated with Botany Farms. Please consult official state government websites for current information regarding cannabis laws in your state.

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