Kentucky

In Kentucky, residents may buy and consume hemp-based CBD products as long as the product has less than 0.3 percent THC or other cannabinoids. CBD derived from hemp cannot be sold in flower form. Hemp has been legal in the United States since 2014 when the 2014 Farm Bill legalized its cultivation. In that same year, Gov. Steve Beshear signed SB 124, a bill that legalized CBD medicines for qualified patients with a doctor's written prescription.
The Kentucky Department of Agriculture (KDA) is in charge of the state's hemp program. Kentucky transitioned from a research pilot project to full-scale commercial hemp production under its USDA -approved state hemp plan from the 2020 growing season. Only license holders registered with the KDA can cultivate hemp. Home production of hemp or cannabis containing more than 0.3 percent THC is prohibited without a license. A criminal background check is required for those hoping to obtain a license to produce hemp. To obtain a license, the applicant must have no felony convictions or drug-related misdemeanors within the past ten years.
The legal status of CBD products derived from cannabis is ambiguous in Kentucky. In 2015, two bills to establish a medical cannabis framework were rejected. The 2014 Farm Bill authorized the creation of Kentucky's industrial hemp pilot program, with rules developed and overseen by the Kentucky Department of Agriculture (KDA) . In 2017, Kentucky's legislature passed HB 333, which legalized the consumption and retail sale of hemp and hemp-derived CBD products containing less than 0.3 percent THC.

Table of contents

1. Brief Info

  •  Is CBD Legal in Kentucky?
The products that contain less than 0.3% THC are federally legal in Kentucky.
  • Who Can Buy CBD in Kentucky?
Individuals at the age of 18 or over. 
  • Who Can grow CBD products in Kentucky?
People that have a license issued by the government.
  • Who is protected from criminal offenses regarding CBD use?
The ones who didn’t exceed the dosage and possession limits of CBD 
  • More in-depth information about the state regulations and laws

2. Kentucky CBD laws

In Kentucky, residents may buy and consume hemp-based CBD products as long as the product has less than 0.3 percent THC or other cannabinoids. CBD derived from hemp cannot be sold in flower form. Hemp has been legal in the United States since 2014 when the 2014 Farm Bill legalize its cultivation. In that same year, Gov. Steve Beshear signed SB 124, a bill that legalized CBD medicines for qualified patients with a doctor's written prescription. The legal status of CBD products derived from cannabis is ambiguous in Kentucky. In 2015, two bills to establish a medical cannabis framework were rejected. The 2014 Farm Bill authorized the creation of Kentucky's industrial hemp pilot program, with rules developed and overseen by the Kentucky Department of Agriculture (KDA). In 2017, Kentucky's legislature passed HB 333, which legalized the consumption and retail sale of hemp and hemp-derived CBD products containing less than 0.3 percent THC. The Kentucky state government submitted HCR35 in April 2018 before the Farm Bill was signed into law, calling on the FDA to rewrite hemp's legal status and scheduling. Kentucky lawmakers passed HB 197, a bill that aligns the state's definition of industrial hemp with that of the federal government after the 2018 Farm Bill was passed. There is no specific law in Kentucky regulating the use of CBD in food or beverages.

Licensing Requirements

The Kentucky Department of Agriculture (KDA) is in charge of the state's hemp program. Kentucky transitioned from a research pilot project to full-scale commercial hemp production under its USDA-approved state hemp plan from the 2020 growing season. Only license holders registered with the KDA can cultivate hemp. Home production of hemp or cannabis containing more than 0.3 percent THC is prohibited without a license. A criminal background check is required for those hoping to obtain a license to produce hemp. To obtain a license, the applicant must have no felony convictions or drug-related misdemeanors within the past ten years. Under the program, farmers must plant seeds from an educational institution with a DEA license and utilize strains that are expected to be low in THC. Each licensed farmer's hemp crop is subjected to testing by the state. The lab confirmation tests must show that the finished product has less than 0.3 percent THC concentration. Lab test results must be kept by farmers and processors for at least three years to enable the KDA and law enforcement personnel to access them.

Where to Buy CBD Products Legally In Kentucky

In Kentucky, consumers can lawfully buy hemp-derived CBD items from dispensaries and online as long as the product has less than 0.3 percent THC. CBD products may be purchased at CBD-friendly shops and supermarkets such as Whole Foods or Walgreens. When purchasing from a physical store, particularly if it specializes in CBD, you can almost always get help from a salesperson. Explain what you're searching for, why you're interested in CBD, and they'll assist you. CBD is most frequently found on brand-specific websites when it comes to internet sales. You may also locate verified CBD companies on Weedmaps. Reputable businesses will generally offer you important product information, such as the form of CBD (such as oil, capsules, topicals, tinctures, etc.), the amount of CBD in the product, any additional chemicals or components found in it, and so on. Many internet checkout systems accommodate CBD sellers based in the United States, however, some firms, like PayPal, consider it a "restricted business" and refuse to support online sales. Before buying CBD online, double-check the checkout procedure on the websites.

Medical Cannabis in Kentucky

Despite the failure of both of the two medical marijuana bills presented in the Kentucky House during 2021's legislative session, it appears that cannabis legalization is on its way soon! The group is working with Kentucky State Representative Rachel Roberts to regroup and prepare a piece of legislation for the medical cannabis legislative session, and bipartisan backing is growing.

Steps to Receive a Medical Marijuana Card in Kentucky

Step 1: Schedule an appointment

Schedule an appointment with a licensed physician. 

Step 2: Meet with a doctor

Visit a certified physician and get a document confirming your qualifying condition, and that treatment with cannabis is appropriate.

Step 3: Receive the Card

After the approval, you will receive your card

Kentucky CBD possession limits

The possession of any amount of CBD is legal in Kentucky on the condition that the product contains less than 0.3% THC by weight.  Even for medical patients, CBD derived from cannabis is unlawful. Possession of up to 0.8 ounces of cannabis can result in a 45-day sentence and a $250 fine, while a lesser charge of fewer than eight ounces might result in a felony conviction with 1 to 5 years in prison and a maximum $10,000 fine.

3. Notes

  1. Geoffrey William Guy; Brian Anthony Whittle; Philip Robson (2004). The Medicinal Uses of Cannabis and Cannabinoids. Pharmaceutical Press. pp. 74–. ISBN 978-0-85369-517-2.
  2. Bloomsbury Publishing (2010). Dictionary of Medical Terms. Bloomsbury Publishing. p. 139