November 16, 2023 | DUI
Bradley Clark, a Lexington criminal defense attorney at Suhre & Associates, LLC, was recently featured in a WKYT news article. Attorney Clark provided valuable insight into regulations for Delta-8 and related hemp products in Kentucky after the 2018 Farm Bill was passed.
What Is the 2018 Farm Bill?
Among many other things, the Farm Bill – also known as the Agriculture Improvement Act of 2018 – “all but legalized THC,” according to Attorney Clark.
Broadly speaking, the bill:
- Removed hemp from Schedule I of the Controlled Substances Act
- Allows states to regulate hemp production or follow USDA regulations
- Allows lawfully-produced hemp in interstate commerce (across state lines)
- Qualifies certain industrial hemp producers to be eligible for federal crop insurance
Legislatively, hemp is derived from the cannabis plant, but it can’t contain more than 0.3% of THC. However, historically, hemp was grouped in the same category as other cannabis plants, including marijuana.
The Farm Bill essentially carved out an exception for hemp cultivation and sales with certain restrictions and requirements.
Steps Taken To Regulate Hemp in Kentucky
The Farm Bill opened the door for approved farmers to grow hemp lawfully. However, many loopholes created a need for emergency regulations to keep consumers safe. For instance, oversight was needed for hemp products like Delta-8 THC.
In the WKYT interview and article, Attorney Clark notes that the regulation of hemp is beneficial. He outlines some steps to make hemp products safer and less accessible to children – especially products like Delta-8, which are in a gray area.
One of the primary goals is to separate products that are for use by adults only by:
- Identifying what kind of lab testing needs to happen
- Ensuring that a registered producer grows the product
- Recognizing how potent the hemp product can be
- Identifying who the product can be sold to
- Deciding what the packaging can look like
The Administrative Regulation Review Subcommittee has been working to iron out details to make these hemp products safer for consumers. The committee’s emergency rules were enacted and are still in place. However, many details still need to be worked out.
As noted by Attorney Clark, with the implementation of certain requirements, you’ll know precisely “what you’re getting,” as opposed to before. It’s been a difficult balance to strike between success and safety.
Contact Suhre & Associates, LLC if You’ve Been Arrested for a Drug Crime in Lexington, KY
The gray areas and loopholes of current hemp regulations may, unfortunately, lead to confusion. If you’ve been arrested or charged with a hemp-related offense or other drug crime, contact Suhre & Associates, LLC for legal guidance.
Our Lexington criminal defense lawyers have over 100 years of combined experience and will protect your rights.
Suhre & Associates, LLC – Lexington
333 West Vine Street #212
Lexington, KY 40507
United States