Kentucky CBD Oil Law

Find out whether you’re allowed to legally purchase delta-8 THC products in the Bluegrass State of Kentucky. Here is everything you need to know about CBD oil in Kentucky, including legalities, where to buy, and how to use it safely.

Is Delta-8 THC Legal in Kentucky?

Delta-8 is temporarily legal in Kentucky following a short but intense legal battle. The use, possession, sale, distribution, and production of hemp-derived delta-8 products are currently allowed under state law.

The state’s department of health published a letter that effectively prohibited delta-8 in April 2021, causing subsequent police raids on delta-8 vendors.

The Kentucky Hemp Association (KYHA) filed a lawsuit arguing that delta-8 is legal and that the police raids are unjustified. A state judge ruled in favor of the KYHA and issued a temporary injunction in February 2022.

Meanwhile, state lawmakers attempted to pass legislation banning delta-8 and other THC isomers. The legislation died in March 2022.

Is delta-8 legal in Kentucky?

  • Delta-8 THC is temporarily legal in Kentucky.
  • The use, possession, purchase, sale, production, and manufacture of delta-8 products are allowed under state law.
  • Medical and recreational cannabis is illegal in Kentucky and punishable under state law. Penalties are strict.
  • Like delta-8, delta-10, HHC, and other delta-9 isomers are legal in Kentucky.
  • Hemp-derived CBD is legal and available everywhere in Kentucky.

Is delta-8 THC legal in Kentucky?

Update: June 2022

After an eventful but concerning start to the year, delta-8 is again legal in Kentucky following a Kentucky Hemp Association lawsuit and a subsequent temporary injunction. State lawmakers attempted to pass legislation that could permanently ban delta-8 and other THC isomers. This legislation died in committee and failed to pass.

In April 2021, the Kentucky Department of Agriculture published a letter revealing that “delta-8 is a Schedule I controlled substance under federal law and Kentucky law”. The letter argues that because the state’s controlled substances act makes no exemptions for delta-8, it is therefore a prohibited substance.

KDA letter to hemp business holders in April 2021. Download the PDF

This letter sparked several subsequent police raids on delta-8 vendors operating in Kentucky, resulting in delta-8 product confiscations and seizures.

In response to the KDA’s letter and subsequent police raids, the Kentucky Hemp Association (KYHA) filed a lawsuit against the state.

Kentucky Hemp Association letter sent to Joe Bilby on June 17, 2021. View the full PDF.

The association petitioned a Boone Circuit Court judge to stop police from acting on the KDA’s letter, which is arguably unenforceable.

The judge ruled in favor of the KYHA and imposed a temporary injunction on February 28, 2022, to keep delta-8 legal in Kentucky.

However, in that same month, Kentucky lawmakers introduced Senate Bill 170. This bill attempted to prohibit delta-8, delta-10, and other intoxicating hemp compounds. It passed in the Senate but essentially died during the House committee stage.

Suggested reading: Kentucky gets it wrong on delta-8 THC by Attorney Rod Kight

Legislative history of delta-8 in Kentucky

In 2018, the federal government amended the Agriculture Improvement Act (Farm Bill) and signed it into law. The Farm Bill legalized hemp and hemp-derived cannabinoids (including delta-8), terpenes, derivatives, isomers, and salts across the US. The bill also removed hemp from the federal Controlled Substances Act. Kentucky later aligned its hemp laws with the Farm Bill following the passage of House Bill 197 in the same year.

However, fast-forward to 2020 and delta-8’s federal legality was called into question, forcing 18 states to reconsider their stance on delta-8 products, many citing safety concerns over the way they’re manufactured “synthetically”.

In April 2021, the Kentucky Department of Agriculture’s legal team issued a memo stating delta-8 is prohibited within the state and considers it a controlled substance, sparking outrage from delta-8 vendors operating within its borders.

Several delta-8 vendors have also experienced police raids, resulting in the Kentucky Hemp Association suing the state and asking for a temporary injunction to stop further raids from happening. A judge granted the injunction and delta-8 remains temporarily legal in Kentucky. Subsequent legislation (Senate Bill 170) to ban delta-8 in the state was unsuccessful.

Is medical marijuana legal in Kentucky?

No, under state law, medical marijuana is not legal in Kentucky, meaning the use, possession, sale, purchase, distribution, production, and manufacture of medical marijuana is prohibited.

In 2015, Kentucky lawmakers proposed House Bill 3 and Senate Bill 40, both attempting to legalize medical marijuana and create a regulatory framework. Unfortunately, neither bill made it past the committee stage.

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Later, in 2020, Representative Jason Nemes of Louisville proposed House Bill 136, an important bill that aimed to legalize medical cannabis while keeping smokeable flower and at-home cannabis growing illegal.

The bill made it through the House comfortably but stalled when the coronavirus pandemic hit. It was re-introduced in January 2022 but failed. A new version is being drafted for 2022.

Is recreational marijuana legal in Kentucky?

No. Recreational marijuana is not legal in Kentucky under state law. The use and possession of cannabis carry strict penalties and punishments.

Possessing less than 10 oz of cannabis is a Class B misdemeanor punishable by up to 45 days in prison and a maximum fine of $250. Possession of more than 10 oz of cannabis is considered intent to sell or traffic, carrying punishments of up to five years in prison and a maximum $10,000 fine.

Buying delta-8 in Kentucky

With the temporary injunction legalizing delta-8 in Kentucky, you can now legally purchase delta-8 products online and through physical retail stores within the state.

While shopping through physical stores is a great way to get your hands on delta-8 products, we always recommend purchasing online. Shopping for delta-8 products online is easy and convenient. You also have the opportunity to purchase directly from the vendor without going through a middleman. All you need is an internet connection and a credit card ready (some also allow PayPal and crypto payments).

If you’re looking for delta-8 online, our list of the best delta-8 brands will help you in your search. Our expert reviewers test each product to ensure safety, transparency, and quality at every level.

Delta-8 THC products are currently not legal to buy in Kentucky. Photo: CBD Oracle

What type of delta-8 is legal in Kentucky?

Hemp-derived delta-8 is legal in Kentucky, provided it’s sourced from hemp plants carrying no more than 0.3% THC by dry weight. Marijuana-derived delta-8 containing more than 0.3% THC is illegal.

Can you travel to Kentucky with delta-8?

No. You can’t legally travel to Kentucky with delta-8 in your possession. Currently, state law prohibits using and possessing hemp and marijuana-derived delta-8 THC products. Possession of delta-8 at the state border or within the state itself might lead to trouble with law enforcement.

Is delta-10 THC legal in Kentucky?

Yes, delta-10 is temporarily legal in Kentucky, meaning the use, possession, sale, distribution, production, and manufacture of delta-8 products is allowed under state law. Other intoxicating THC isomers such as THC-O and HHC are also legal. You can find delta-8 and other THC isomer products online and through physical retail stores found all across the state.

Is CBD legal in Kentucky?

Yes. Cannabidiol (CBD) derived from hemp plants carrying no more than 0.3% THC is legal under state law and has been since 2014 following Senate Bill 124. This bill allowed a limited number of patients access to hemp-derived CBD for medicinal purposes. Later, in 2018, Kentucky lawmakers signed House Bill 197 into law, permitting statewide use, possession, cultivation, and production of hemp and hemp-derived CBD.

Hemp-derived CBD products available for purchase in Kentucky include CBD oil, capsules, topicals (creams, balms, salves), vapes, and edibles.

Is marijuana-derived CBD legal in Kentucky?

No. Marijuana-derived CBD is not legal in Kentucky. The state does not permit the use, possession, sale, distribution, production, or manufacture of marijuana products.

Upcoming legislation in Kentucky that could change legality of delta-8 THC?

No. There’s currently no legislation that could change delta-8’s legality in Kentucky.

Closing thoughts: The future for delta-8 in Kentucky

The ban on delta-8 and the resulting police raids were a low blow to Kentucky. However, with the recent injunction now in place, customers, vendors, and producers can continue enjoying delta-8 products without fear of penalty or prosecution. Vendors can especially enjoy not sitting on millions of dollars worth of unsellable inventory.

CBD Oil in Kentucky (Everything You Need to Know)

As long as federal legalization remains elusive, we will continue to have the same issues in deciphering state laws regarding CBD. At present, we have an unusual situation where marijuana legality is more clear-cut! A significant majority of states now have a medical marijuana program. Also, a growing number of states allow or are set to allow adult-use cannabis.

Unlike marijuana, industrial hemp is legal to grow in the United States as it is no longer considered a controlled substance. This is due to the passing of the 2018 Farm Bill. Like THC, however, CBD isn’t federally legal. States ultimately have the power over cannabidiol’s accessibility or lack thereof. Despite obscure county and local laws that suggest otherwise, most states allow CBD sale and consumption.

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Today, we look at whether CBD in Kentucky is legal and if it is widely available. First, however, let’s see what the Bluegrass State has to say about cannabis.

Kentucky Marijuana Laws – Will the State Legalize MMJ?

At present, Kentucky is one of the ever-decreasing states that doesn’t have an MMJ program. However, the state has a reputation for hemp growing, and the crop was first cultivated in Kentucky in 1775.

Although no reports said when cannabis became popular in the state, a Louisville Times article from 1930 outlined the drug’s widespread use. Of course, marijuana became illegal in Kentucky seven years later with the Marihuana Tax Act.

The sale, cultivation, and use of the plant have remained prohibited ever since. In the last few years, lawmakers have introduced MMJ bills to the House and Senate. A pair of bills that proposed MMJ legalization didn’t make it out of committee in 2015.

In February 2020, House Bill 136 passed with a large majority. It was the first time that a medical marijuana bill ever made it that far in Kentucky. Yet, it took over a year for any further action to take place. In April 2021, two bills to legalize medical cannabis were introduced to the Senate and House. However, neither one was assigned to a committee. As a consequence, there were no hearings or public testimony.

It is unclear what the next step is, but likely, MMJ will not come to Kentucky for the foreseeable future. This is contrary to public opinion in the state. A poll from the Foundation for a Healthy Kentucky in February 2020 found that 90% of Kentucky residents favored MMJ. It seems as if there is a pocket of anti-cannabis senators dictating marijuana laws in KY.

Cannabis Penalties in Kentucky

The failure to pass any relevant legislation means Kentucky laws on marijuana remain extremely strict. The state has failed to pass any decriminalization bills, for example. As a result, the possession of any amount is classified as a misdemeanor. You could face up to 45 days in prison and have the conviction on your criminal record.

The sale of any amount of marijuana in Kentucky is also a misdemeanor. However, it carries a potential prison sentence of up to a year. Growing up to five plants carries the same penalty. Selling more than eight ounces or cultivating six or more plants are felonies. In both instances, you could spend up to five years in jail.

Is CBD Oil Permitted in Kentucky?

Like many states, there isn’t any specific law that permits the use of CBD oil in Kentucky. However, the state has followed most places in the United States by tolerating its usage.

The 2014 Farm Bill technically legalized the growth of hemp under certain restrictions. In that year, Governor Steve Beshear signed SB 124 into law. It allowed eligible patients to use hemp-derived CBD products as long as they had a doctor’s recommendation.

Hemp-derived CBD is allowed in Kentucky as long as it contains a maximum THC content of 0.3%.

In 2017, HB 333 was passed and broadly permitted the sale and use of hemp-derived CBD with a maximum THC content of 0.3%. The following year, lawmakers in the state-approved HB 197. This aligned Kentucky’s definition of industrial hemp with federal law.

Therefore, hemp-derived CBD products are legal in Kentucky. Such items must contain no more than 0.3% THC by dry weight. There are no limits on the amount of hemp-derived CBD you can buy in Kentucky. Furthermore, the state doesn’t have any laws regarding CBD in food or beverages.

However, please note that CBD derived from cannabis remains illegal in Kentucky, even for medical patients. Those who use this form of CBD will be treated as if they have used THC-rich marijuana.

Kentucky CBD Oil – Licensing Requirements

At present, the Kentucky Department of Agriculture (KDA) oversees the state’s USDA-approved hemp program. At least users of the substance know that CBD oil in Kentucky is of a reasonable standard if it comes from a licensed hemp farm. It is illegal to grow hemp for any purpose without a license.

All crops are tested for THC. Growers and processors must save their lab results for a minimum of three years. The KDA and law enforcement have the option of asking for these tests. Also, those who apply for a license must not have any felony convictions going back ten years. They must also have no drug-related misdemeanors across the same period.

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However, even though CBD oil is legal in Kentucky, or at least widely tolerated, the state doesn’t have any specific regulations. Therefore, it becomes a case of ‘buyer beware.’ Don’t purchase CBD from any brand, online or otherwise that doesn’t have the following information on product labels:

  • A batch or date code
  • Suggested use
  • Amount of CBD per serving
  • Whether it is full-spectrum, broad-spectrum, or CBD isolate
  • Ingredients
  • The name of the manufacturer or distributor.

Industrial Hemp in Kentucky

Kentucky was the biggest producer of hemp in the United States throughout the 1800s and 1900s. It has the ideal climate for cultivating the crop.

The state was among the first to consider permitting hemp cultivation in the modern era. Governor Brereton Jones created a commission designed to look into the possibility of legal hemp in 1994. However, the state didn’t allow production for research purposes until the Industrial Hemp Farming Act of 2013.

Kentucky was one of the few states that were growing hemp in 2016. The market quickly grew but 2019 was a difficult year for farmers. The state cultivated over 26,000 acres that year, but many farmers were unable to sell their produce. While almost 1,000 farmers received licenses in 2020, approximately 150 said they did not plan to grow the crop.

Hemp in Kentucky: Will It Become a Lucrative Cash Crop?

Kentucky hemp oil is regarded as among the finest in the United States. Therefore, it seemed certain that the state’s industrial hemp program would prove a major success. However, as farmers learn the harsh realities of cultivating hemp, the program has attracted far fewer interested parties than anticipated.

Research from the KDA found that the number of approved and planted acres has fallen in the last few years. In 2019, there were 978 approved growers, 60,000 approved acres, and 24,900 harvested acres. In 2010, while there were 970 approved growers, there were only 32,000 approved acres and 4,500 harvested acres! By June 2021, there were only 450 approved growers and 12,000 approved acres.

Cultivators of the crop and sellers of hemp oil in Kentucky are far from the only entities suffering. Millions of pounds of harvested hemp remain unsold across the U.S. Experts claim that the hemp boom is over already.

Many point the finger of blame at the Food and Drug Administration (FDA), accusing the government agency of stifling the industry. It won’t permit the sale of CBD as a dietary supplement or food product. This is because the cannabinoid is an approved ingredient in Epidiolex, a prescription drug used to treat epilepsy in children.

Regulations are also hindering attempts to use hemp to create and sell delta-8-THC. One wonders what will happen to the hemp industry across the United States. Certainly, it is far from being the lucrative cash crop many believed.

Where to Buy CBD Oil in Kentucky

There is a huge array of vendors that sell CBD oil in Kentucky. There are CBD-specific stores, not to mention large chains such as Walgreens and Whole Foods offering it. Take a trip throughout the state, and you will surely find dozens of gas stations selling the cannabinoid.

However, you shouldn’t purchase any CBD product unless there is a third-party lab report with it. Otherwise, you have no way of knowing if the product contains less than 0.3% THC. There is also a possibility of it containing heavy metals or other chemicals. Your best bet is to try an online store. Reputable CBD brands have test results on their website, and they can deliver their products to your doorstep.

Final Thoughts on CBD Oil in Kentucky

At present, the Bluegrass State doesn’t allow cannabis. Attempts to develop a medical marijuana program have stalled, and there is no way of knowing when they will resume. The possession of any amount of cannabis is a misdemeanor in Kentucky with possible jail time.

CBD, on the other hand, is available in Kentucky. However, it must come from hemp and contain a maximum of 0.3% THC. The state grows some of the best hemp in the United States. Many top brands such as PureKana and Premium Jane get their CBD from Kentucky-grown hemp.