Let’s talk about a common question…”Is CBD Legal in Kentucky?”
CBD is legal in Kentucky so long as it conforms to all requisite state and federal standards. As a side note, NO OTHER FORMS OF CANNABIS are legal in Kentucky. New legislation regarding both adult and medical use marijuana has been proposed, but nothing to date has made it to a vote for implementation.
Now let’s take a look at Kentucky CBD laws, licensing requirements in the state and where to buy CBD in Kentucky.
What is CBD?
CBD, also known as cannabidiol, is a non-psychoactive compound derived from cannabis. CBD shares the outer space of the cannabis plant with THC. Studies continue to show CBD may have a plethora of beneficial properties, with the most popular of these being: anti-inflammatory, anti-oxidative, pain relief, anti-seizure, and anxiety relief properties. In these medical field studies, CBD has proved its worth in a growing amount of trials.
CBD is a Cannabis Derivative
Cannabidiol is a cannabis derivative. That doesn’t mean that it is the same as marijuana, though. It simply comes from a cannabis plant. This is an important distinction to keep in mind when answering the question, “Is CBD legal in Kentucky?” CBD is a non-psychoactive cousin of THC, which means CBD cannot, and will not, get you high. As long as your CBD is hemp-based, or comes from the hemp plant, it will not contain an amount of THC over 0.3%. Federal regulations on CBD currently require all CBD products to come from hemp in order to remain federally legal. A THC amount of 0.3% isn’t enough to get anyone high. In fact, this amount is so low that one could drink an entire container of CBD oil (not recommended), and still not get high.
Supplementing with CBD is a great way to treat patients in a more natural way than other medications that have harsh side-effects. CBD research exploded over the last few years, and significant investments are continuing to be made in research and development. The FDA is still figuring out their approval process for CBD, so until this is complete, CBD will not be able to achieve the status of a dietary supplement.
Why is CBD Illegal in Some Places?
This is a tricky subject. Let’s begin by addressing the fact that while CBD is federally legal, each state has their own laws. While most states have followed the Farm Bill of 2018 footsteps, a handful of states still have strange laws revolving around CBD. Thankfully, CBD is legal in Kentucky. Some of the more conservative states identify CBD with marijuana, even though it is completely non-psychoactive. For this reason, they have a set of strict laws. As time goes on though, states continue to soften these restrictions.
How Did the Farm Bill Help Hemp?
The 2018 Farm Bill brought a revolution for hemp and hemp derived products. The cultivation of hemp became federally legal for recreational purposes when this was passed. This bill specifically removed hemp, which is now legally defined as cannabis containing less than 0.3% THC by weight, from the schedule I list of controlled substances. As of the writing of this article, cannabis as a whole is now set to be voted on for removal from this same list. CBD is now legal in Kentucky because it basically followed suit and created a similar state law, as mentioned above.
This makes sense for Kentucky due to its deep historical ties to hemp cultivation. Along with Missouri and Illinois, Kentucky farmers produced most American hemp until the late 1800s, when demand for sailcloth and cordage began to wane due to the arrival of steam ships. With the advent of mechanical means of harvesting and processing, Kentucky continued to lead in seed production and Wisconsin in fiber processing before and during World War II, when there was a brief resurgence in demand. Its decline accelerated with the development and availability of cheap synthetic fibers. A resurgence of cotton production in the deep South was also a likely contributing factor to the decline in hemp production.
The United States FDA and CBD
The Food and Drug Administration has the authority of regulating CBD product labeling, monitoring therapeutic claims for CBD, and the usage of CBD for recreational and dietary purposes. The FDA does not allow for the advertisement of hemp-derived CBD as a dietary supplement, or as an additive to food and beverages. The FDA must authorize any health claims that CBD products make. No medications to date have received this designation, except for the pharmaceutical drug Epidiolex.
While the Food and Drug Administration has maintained this stance for years, it has softened these regulations and is considering appropriate legislation around labeling CBD as a dietary supplement. In addition, the Farm Bill has given the authority to states to allow or disallow the cultivation and business of CBD.
Let’s move on to CBD and its legal status in Kentucky.
Is CBD Legal in Kentucky?
Hemp derived CBD products are legal in Kentucky pursuant to 40 KRS 218A.010(27) (Scroll down to number 27).
Licensing Requirements for CBD in Kentucky
Even though the 2018 Farm Bill removes hemp from the controlled substance list, no person can grow, handle (possess), or process hemp plants, viable seed, leaf or floral materials without a hemp license issued by the Kentucky Department of Agriculture.
As stated in KRS 260.858(3), “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. Penalties for persons who cultivate, handle, process, or market living hemp plants or viable seeds, leaf materials, or floral materials derived from industrial hemp without a license are the same as those penalties that are applicable to persons who violate KRS Chapter 218A, relating to marijuana.”
License Holders investing at this early stage in the research should be aware that federal law is subject to change. There is uncertainty at the federal level on what parts of the hemp plant can be lawfully sold.
Individuals and businesses interested in applying for a grower or processor/handler license can apply online here: ONLINE LICENSING PORTAL.
Kentucky CBD Possession Limits
Kentucky has decriminalized all CBD possession limits. There is no possession limit for hemp-derived CBD products in the state.
Where to Buy CBD in Kentucky?
To be honest, CBD products are all over the place in Kentucky. Consumers can buy CBD oil and hemp derived CBD products from a variety of retail storefronts, gas stations, and kiosks within the state. I want to caution you, though, to be extra careful on where you purchase your CBD products. New Phase Blends is a veteran owned and operated CBD company, and we offer nothing but premium CBD products that come with a 30 day money back guarantee. At least give us consideration before purchasing – I know you’ll be happy with your purchase.
In the summer of 2020, the FDA conducted a study on CBD products from different brands. They reported that roughly 25% of CBD products are either fake, under-dosed, or mislabeled. CBD is expensive. I would hate to see a bogus CBD company rip you off. For more information on what to look for when purchasing a CBD product, check out this post by clicking here. In this post, I give you all of the indicators to look for in a premium CBD product so you will not be ripped off.
Winding Up | Is CBD Legal in Kentucky?
Yes, CBD is legal in Kentucky. Here are some things to look for to make sure your CBD falls within the federal guidelines for use:
- Hemp-derived CBD is legal
- It must contain less than 0.3% THC
- I recommend that the CBD labels include a QR code that scans to a third-party lab result
- Marijuana-derived CBD is not legal
That about wraps up covering the legalities of CBD within KY. If you are looking to purchase or possess CBD in Kentucky, you don’t have to worry. It is 100% legal in the state!