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CBD laws can be confusing, especially since they differ from state to state and don’t always match federal regulations.
So, is CBD legal in Kentucky? Yes, Kentucky allows the sale and use of hemp-derived CBD products as long as they contain less than 0.3% THC. Kentucky, known for its strong Industrial Hemp Program, offers CBD products, but it's important to ensure they comply with local laws before purchasing.
If you're looking to buy CBD oil in Kentucky or hemp flower in Kentucky, make sure they meet the state’s legal standards. Here's what you need to know about Kentucky CBD laws.
Table of Contents
Legal Concerns About CBD
What are the CBD laws in Kentucky?
Is full spectrum CBD legal in Kentucky?
Does Kentucky have a CBD possession limit?
Can doctors prescribe CBD in Kentucky?
Where to buy CBD in Kentucky?
How old do you have to be to buy CBD in Kentucky?
Is CBD legal in all 50 states?
Resources
Disclaimer: We’re always working to stay informed on the latest CBD laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.
CBD became federally legal in 2018 under the Hemp Farming Act, which removed industrial hemp and its derivatives from the Controlled Substances Act. However, legal CBD must come from hemp containing less than 0.3% THC.
Even after starting with legal hemp, manufacturers must ensure the final product also contains under 0.3% THC, as extraction can concentrate cannabinoids and increase THC levels. Since the CBD industry lacks strict regulations, it's important to verify third-party lab tests to confirm a product's legality.
Federal guidelines apply, but you must also follow your state's specific CBD regulations.
Kentucky fully aligns with federal laws regarding hemp-derived CBD, allowing legal CBD products that meet federal regulations, but it is illegal for consumers to possess raw hemp material like hemp flowers or viable seeds.
Here are the details:
After the passage of the 2014 Farm Bill, Kentucky Governor Steve Beshear signed SB 124 into law. This bill made CBD derived from hemp accessible to qualifying patients with a written recommendation from a doctor.
The Farm Bill also pushed Kentucky to begin devising a plan for their Industrial Hemp Pilot Program, overseen by the Kentucky Department of Agriculture. Like Colorado and Oregon, the state got a head start on hemp agriculture, leading to what is now a thriving hemp market within the state.
In 2017, the state passed HB 333, a bill that updated the language surrounding controlled substances in the state. The bill redefines “marijuana” to exclude “a cannabidiol product derived from industrial hemp.”
Before the 2018 Farm Bill was signed into federal law, Kentucky published a bill to urge the U.S. government to remove hemp from the Controlled Substances Act’s definition for marijuana.
Now, the state defines “industrial hemp” in KRS 260.850 by referring to the federal definition laid out in 7 U.S.C. sec. 5940. In other words, Kentucky fully aligns with the federal definition for Industrial Hemp, which is “the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”
In 260.858, the state highlights a few hemp restrictions, including that it is “unlawful for a person who does not hold a license issued by the department, or who is not an agent of a licensee, to cultivate, handle, process, or market living hemp plants or viable seeds, leaf materials, or floral materials derived from hemp.”
In short, CBD products that meet federal regulations are legal in the state, but it is illegal for consumers to possess raw hemp material, including flowers and viable seeds. Similar laws have been imposed in Texas, Georgia, and Iowa. The state does not offer any specific regulations on the use of CBD as an ingredient in foods, drinks, or dietary supplements.
It’s easy to assume that CBD isolate is legal in many places since it contains no THC, but many consumers are worried that the trace amounts of THC found in full-spectrum CBD products may cause trouble in states where cannabis is illegal. Luckily, Kentucky aligns with federal regulations regarding CBD, which have no restrictions against CBD products that contain 0.3% THC or less.
To date, there are no possession limits for CBD products that meet legal guidelines. CBD products that contain over 0.3% THC may be classified as cannabis products, which are illegal in Kentucky.
In Kentucky, you do not need a prescription to access CBD products. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states where medical marijuana is legal, access usually requires a doctor’s recommendation, not a prescription.
CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.
In Kentucky, processed hemp products that do not include raw hemp material can be marketed to consumers. The law has very few regulations regarding hemp sales, so you may find CBD products all over the state, including in grocery markets and convenience stores.
However, this lack of regulation can be risky.
Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.
Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.
Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.
For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.
The legal age to buy CBD in Kentucky is unclear, as there are no statewide regulations, and it often depends on the seller.
While many smoke shops require buyers to be 21 due to tobacco laws, some CBD brands allow customers 18 or older to purchase CBD oil or other products online and ship them to Kentucky. Certain items, like hemp flower or vaporizers, may not be suitable for all ages.
Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in Kentucky, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.
Kentucky legalized CBD in 2014 when Governor Steve Beshear signed SB 124, allowing hemp-derived CBD for medical purposes. The state expanded access to hemp-derived CBD after the 2018 Farm Bill.
Yes, you can buy CBD in Kentucky. CBD oil and other hemp-derived products that meet federal guidelines are available across the state at various retailers and online.
Yes, Delta 8 is currently legal in Kentucky as long as it is derived from hemp and contains less than 0.3% THC, following federal regulations.
While CBD is federally legal, some states have stricter regulations. Idaho and Nebraska have the most restrictive laws, allowing only certain types of CBD products.
CBD gummies may help relieve pain by interacting with the body's endocannabinoid system, but their effectiveness varies by individual. Many people report benefits for chronic pain.
Research suggests that CBD can help reduce anxiety for some users by influencing serotonin receptors in the brain, though results can vary depending on the individual and dosage.
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