Is Delta-10 THC Legal in Kentucky? (2026)

Instrument

902 KAR 45:021 Section 2(21) (statutory authority KRS 217.125, 217.127, 217.135, 217.155)

Source

https://apps.legislature.ky.gov/law/kar/downloads/docs/15896/document.engrossed.pdf

Retrieved

2026-10-07

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902 KAR 45:021, Section 2(21): The following substances shall be prohibited in hemp-derived cannabinoid extraction intended for inhalation: (a) Acetates; (b) Medium-chain triglycerides (MCT); (c) Polyethylene glycol (PEG); (d) Propylene glycol (PG or PPG); (e) Diketones: 1. 2,3-butanedione (Diacetyl); 2. 2,3-pentanedione (acetylpropionyl); and 3. 3-hydroxybutanone (acetoin); (f) Myclobutanil; (g) Artificial food coloring; and (h) Benzoic acid. Section 2(4): A business that processes, manufactures, warehouses, distributes, sells, or serves adult-use hemp-derived cannabinoid products shall not employ any person who is under twenty-one (21) years of age, unless the person employed is at least eighteen (18) years of age and under the direct supervision of a person twenty-one (21) years of age or older. [List of adult-use cannabinoids includes Delta-9-tetrahydrocannabivarin (THCV), CAS 31262-37-0.] Section 2(5): Non-intoxicating cannabinoid products shall: (a) Have at least a fifteen (15) non-intoxicating cannabinoid to one (1) adult-use cannabinoid ratio; and (b) Contain two and five-tenths (2.5) milligrams or less of adult-use cannabinoid per serving. Section 1(5)(a): An initial product registration fee of $200 shall be paid for each cannabinoid product. STATUTORY AUTHORITY: KRS 217.125, 217.127, 217.135, 217.155. Current version effective November 18, 2024; expires November 18, 2031. KRS 438.305 "Vapor product": any noncombustible product that employs a heating element, battery, power source, electronic circuit, or other electronic, chemical, or mechanical means ... that can be used to deliver vaporized nicotine or other substances to users. (Bracketed text summarized by fetch tool.)

Instrument

Controlling provision (official text)

Source

https://apps.legislature.ky.gov/law/kar/902/045/190.pdf

Retrieved

2026-11-01

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“Hemp-derived cannabinoid” means an ingestible, inhalable, or cosmetic product that is processed or derived from hemp.

Instrument

Controlling provision (official text)

Source

https://apps.legislature.ky.gov/law/kar/902/045/190.pdf

Retrieved

2026-11-01

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Effective January 1, 2024, all out-of-state processors and manufacturers of hemp-derived cannabinoid products available for distribution in Kentucky shall submit an annual registration to the department.

Instrument

Permit and Product Registration: cannabinoids requiring registration

Source

https://apps.legislature.ky.gov/law/kar/titles/902/045/190/

Retrieved

2026-11-06

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Delta-10-tetrahydrocannabinol (Delta-10-THC);
2.
Delta-9-tetrahydrocannabinol (THC) with three-tenths of one percent (0.3%) or less Total THC;
3.
Delta-8-tetrahydrocannabinol (Delta-8-THC);
4.
Delta-9-tetrahydrocannabinolic acid A (THCA-A) with three-tenths of one percent (0.3%) or less Total THC;
5.
Delta-9-tetrahydrocannabivarin (THCV);
6.
Delta-9-tetrahydrocannabivarinic acid (THCVA);
7.
Delta-6-tetrahydrocannabinol (Delta 6);
8.
Hexahydrocannabinol (HHC)(-);
9.
Tetrahydrocannabiphorol (THCp); and
10.
Tetrahydrocannabinol (THCM);
(b)
Non-intoxicating cannabinoids shall include:
1.
Cannabidiol (CBD);
2.
Cannabidiolic acid (CBDA);
3.
Cannabidivarin (CBDV);
4.
Cannabidivarinic acid (CBDVA);
5.
Cannabichromene (CBC);
6.
Cannabichromenic acid (CBCA);
7.
Cannabigerolic acid (CBGA);
8.
Cannabigerol (CBG);
9.
Cannabinol (CBN); and
10.
Cannabitriol (CBT); and
(c)
All other cannabinoids are prohibited for sale in Kentucky unless pre-approved by the cabinet.

Instrument

Retail Sale

Source

https://apps.legislature.ky.gov/law/kar/titles/902/045/190/

Retrieved

2026-07-19

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Section 7. Retail Sale. (1) All hemp-derived cannabinoid products sold in a retail establishment shall: (a) Be from an approved source; (b) Be packaged and labeled in accordance with this administrative regulation; and (c) Have a valid certificate of analysis available upon request. (2) Retail establishments and food service establishments offering adult-use hemp-derived cannabinoid products shall register with the cabinet at https://redcap.chfs.ky.gov/surveys/?s=C8AHC9AYMP74REEM within ninety (90) days of the effective date of this emergency administrative regulation. (3) Only cannabinoid products registered in accordance with Section 2 of this administrative regulation may be offered at retail establishments and food service establishments. (4) Cannabinoid retailers shall maintain records of cannabinoid product purchase, including the name and address of the cannabinoid processor or manufacturer, and the wholesaler or distributor. (5) Only non-intoxicating and cosmetic cannabinoid products may be sold to persons under the age of twenty-one (21). (6) All adult-use hemp-derived cannabinoid products shall be secured in the retail setting to prevent theft or other access to persons under the age of twenty-one (21).

Instrument

Definitions for KRS 260.850 to 260.869.

Source

https://law.justia.com/codes/kentucky/chapter-260/section-260-850/

Retrieved

2026-07-02

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260.850 Definitions for KRS 260.850 to 260.869.
As used in KRS 260.850 to 260.869:
(1) "Commissioner" means the Commissioner of the Kentucky Department of Agriculture;
(2) "Cultivating" means planting, growing, and harvesting a plant or crop;
(3) "Department" means the Kentucky Department of Agriculture;
(4) "Handling" means possessing or storing hemp for any period of time on premises owned, operated, or controlled by a person licensed to cultivate or process hemp. "Handling" also includes possessing or storing hemp in a vehicle for any period of time other than during its actual transport from the premises of a licensed person to cultivate or process hemp to the premises of another licensed person;
(5) "Hemp" or “industrial hemp”:
(a) 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; and
(b) Does not include medicinal cannabis as defined in KRS 218B.010;
(6) “Hemp products” or "industrial hemp products":
(a) Means products derived from, or made by, processing hemp plants or plant parts; and
(b) Does not include medicinal cannabis products as defined in KRS 218B.010;
(7) "Licensee" means an individual or business entity possessing a license issued by the department under the authority of this chapter to grow, handle, cultivate, process, or market hemp or hemp products;
(8) "Marketing" means promoting or selling a product within the Commonwealth, in another state, or outside of the United States. "Marketing" includes efforts to advertise and gather information about the needs or preferences of potential consumers or suppliers;
(9) “Processing” means converting an agricultural commodity into a marketable form; and
(10) "University" means an accredited institution of higher education located in the Commonwealth.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 146, sec. 40, effective June 29, 2023. -- Amended 2020 Ky. Acts ch. 1, sec. 3, effective February 10, 2020. -- Amended 2019 Ky. Acts ch. 39, sec. 1, effective June 27, 2019. -- Repealed and reenacted 2017 Ky. Acts ch. 45, sec. 1, effective March 20, 2017. -- Amended 2013 Ky. Acts ch. 134, sec. 1, effective June 25, 2013. -- Created 2001 Ky. Acts ch. 138, sec. 1, effective June 21, 2001.