Kentucky House passes bill to regulate delta-8 products

(The Center Square) – A bill that would regulate hemp derivatives in Kentucky cleared a legislative hurdle.

Lawmakers in the state House voted unanimously to support House Bill 544. Sponsored by state Rep. Rebecca Raymer, R-Morgantown, the bill would require the Kentucky Cabinet for Health and Family Services to oversee delta-8 and other hemp-derived intoxicating products.

According to the National Institutes of Health, the natural amount of delta-8 is very low in hemp, an agricultural product produced legally in Kentucky since 2014. The federal government removed hemp, which is part of the same species as marijuana, from the Drug Enforcement Administration’s list of controlled substances five years ago.

Research has shown delta-8 can produce a high, but that is not as potent as delta-9, the chemical compound that produces the high in marijuana.

Since hemp has become legal, there have been many delta-8 products come on the market, but there is little consistency among manufacturers about their products.

“Some are doing things the way that needs to be done, and we have others in the state that are not,” Raymer said. “And it can make for a dangerous product.”

Kentucky Gov. Andy Beshear revealed some regulations for delta-8 last November when he announced plans to pardon Kentuckians with certain medical needs for possessing small amounts of medical marijuana obtained in states where it’s legally dispensed.

HB 544 calls for delta-8 products to only be sold to adults aged 21 and up and to be placed behind a counter. In addition, the bill calls for batch testing to ensure products are safe to consume.

The U.S. Hemp Roundtable, a national industry trade association that seeks to promote hemp and CBD products and educate the public about them, supports the bill.

Jonathan Miller, general counsel for the roundtable and a former Kentucky State Treasurer, said Raymer’s bill can serve as a national model for regulating delta-8.

“Unregulated intoxicating products pose a health crisis for Kentucky and the nation, but measures to criminalize these products are not prudent,” Miller said. “HB 544 cuts the perfect balance by ensuring strict regulations that will keep children from accessing these adult products.”

The Senate received the bill on Friday. As of Monday, six legislative days remain in the 2023 General Assembly session, which is scheduled to conclude March 30.