2021 Update
No new updates have been made on hemp and CBD laws in Kentucky.
In addition to the federal hemp laws laid out in the 2018 Farm Bill, each state has its own state hemp laws. Before we dive in on Kentucky Hemp Laws and the legality of CBD in Kentucky, it is important to understand the different types of hemp and CBD products that these laws may be applied to.
There are many (somewhat confusing) terms for hemp oil:
- Isolate or THC-Free Hemp Oil has only CBD and all other plant compounds have been removed, THC is undetectable. Pure CBD Isolate can also be purchased in powder form.
- Full-Spectrum Hemp Oil has all plant compounds, including less than 0.3% THC.
- Broad-Spectrum Hemp Oil has undetectable THC, but contains other plant compounds.
- PCR (Phytocannabinoid-Rich) Hemp Oil with Zero-THC is a new marketing term for broad-spectrum hemp oil.
- CBG Hemp Oil is a hemp oil from a cannabigerol (CBG) rich hemp strain that has more CBG than is found in CBD Hemp Oil.
- Hemp Flower is the dried and harvested flower of the hemp plant. It can be used whole or extracted to make CBD isolate, Full-Spectrum CBD, or Broad-Spectrum CBD (PCR Hemp Oil).
FAQ: Hemp and CBD Legality in Kentucky
Is Full Spectrum CBD Legal in Kentucky?
That is a trick question because full-spectrum CBD is not the same as the so-called PCR Hemp Oil! This new marketing term is certainly introducing even more confusion around CBD products.
In Kentucky, CBD and hemp products are legal. However, the state prohibits hemp flower products. These include hemp cigarettes, hemp cigars, hemp chew or dip, 'smokeless' hemp leaf material (which may elude to vapes), and hemp teas. That is, all hemp flower is prohibited in Kentucky, but extracts are permitted.
Is It Legal to Ship PCR Hemp Oil to Kentucky?
It is legal to ship ALL types of hemp products with less than 0.3% THC to all US States according to the 2018 Farm Bill.
Where to Buy Full Spectrum CBD Oil in Kentucky?
You can buy CBD in Kentucky stores or by ordering online.
Do you need a special license to purchase PCR Hemp Oil in Kentucky?
You don’t need a special license to purchase CBD hemp oil (all types) in Kentucky, only to grow, test, or sell products.
How Does Kentucky Legally Define Hemp?
'Hemp' or 'industrial hemp' means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis.
Growing and Selling Hemp in Kentucky
The Kentucky Department of Agriculture oversees the state's hemp pilot program. Kentucky hemp laws are very elaborate and strict. There are specific requirements for hemp cultivators, including very specific hemp pesticide requirements, and heavy oversight. In addition to cultivation, hemp processors and handlers must also be licensed and follow specific regulations.
Kentucky hemp laws also have very strict requirements for testing hemp. All samples are processed by a state laboratory. The state has a surprisingly specific plant for dealing with hemp that tests above the 0.3% THC limit. They seem to really want to work with farmers to prevent crop loss and ensure that Kentucky hemp laws help to bolster the industry in their state.
Kentucky Hemp Law Highlights
- Products must contain no more than 0.3% THC
- Products must come from a registered farm
- Products must be tested by a licensed laboratory
- Wholesale hemp cannot be sold to unlicensed people or businesses within Kentucky
In addition to Kentucky state CBD laws and the 2018 Farm Bill hemp laws, the US Food and Drug Administration (FDA) has additional requirements for CBD and hemp companies to meet.
Kentucky hemp laws prohibit smokeable hemp but has no other strict requirements for selling CBD hemp products. Many products can be legally sold, produced, and used under Kentucky CBD regulations, such as:
- Hemp topicals
- Hemp concentrates and extracts (oils and tinctures)
- Industrial hemp for building or fiber materials
- Industrial hempseed (food product)
- Industrial hempseed oil (food product)
