Cannabis Rules & Regulations: Kentucky

Cannabis Rules & Regulations: Kentucky

Kentucky Cannabis History

Despite a lengthy history of industrial hemp cultivation in the state, cannabis use is currently illegal in Kentucky.  The only exception is hemp-derived CBD oil with no more than 0.3% THC.

A 2019 Kentucky Health Issues Poll revealed that over 90% of Kentucky adults favor the legalization of medical marijuana in the state, and 59% favor its legalization for any purpose.

On February 20, 2020, the Kentucky House of Representatives voted 65-30 to pass a medical cannabis bill, HB 136, which was later derailed when the Senate adjourned due to COVID-19.  However, the bill was reintroduced in 2021 along with Kentucky SB 92, which would legalize the use of medical marijuana.

Kentucky Child-Resistant Packaging Rules

Kentucky CBD regulations outline product labeling requirements, packaging standards, and limits on advertising claims. For instance, the permit is non-transferable, must be renewed annually, and prohibits home-based processors. Labeling must, among other requirements, make clear that the product is within the federal legal limit of 0.3% THC levels. The state also prohibits advertising that includes “any implicit or explicit health claims stating that the product can diagnose, treat, cure, or prevent any disease.”

Additionally, any restaurant or other food service establishment offering hemp-derived CBD in finished food products must provide the following information to consumers upon request:

  • The common name of the product.
  • The manufacturer or distributor of the product.
  • A statement that the product is within the federal legal limit of 0.3% THC levels.

The Poison Prevention Packaging Act of 1970 (PPPA) federally mandates that prescription drugs be placed in special containers designed to be difficult for children to open.

Useful Links for Kentucky Cannabis Regulations

Foundation for a Healthy Kentucky Medical Marijuana: Public Health Policy Considerations


Kentucky Marijuana Laws and Penalties

Kentucky Marijuana Legal Statutes

Editor's Note: Status as of 4/1/2021

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