Is Delta-9 THC (hemp-derived) Legal in Kentucky? (2026)

Instrument

302 KAR 50:070 Section 1(1)-(3); KRS 260.858(3); 902 KAR 45:190

Source

https://www.kyagr.com/Content.aspx?PageId=391

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2026-10-07

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302 KAR 50:070 Section 1. (1) [The following hemp-derived products] "shall not be manufactured": "Hemp cigarettes;" "Hemp cigars;" "Chew, dip, or other smokeless material consisting of hemp leaf material or hemp floral material"; "Hemp leaf material or floral material teas." (2) [The following] "shall not be marketed, sold, or distributed to any person in Kentucky who does not hold a license from the department" [or to out-of-state persons lacking authorization]: "Whole hemp buds;" "Ground hemp floral material;" "Ground hemp leaf material;" "Any hemp product with a delta-9-THC concentration in excess of zero and three-tenths (0.3) percent." (3) [civil penalty] "not less than $100 and not more than $1,000 per violation". 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 handle or market covered hemp materials]. [History: eff. 4-6-2018; certification eff. 1/14/2025.] [Bracketed spans summarized.]

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

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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

Hemp-derived cannabinoid products; packaging and labeling requirements.

Source

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

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2026-07-02

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902 KAR 45:190. Hemp-derived cannabinoid products; packaging and labeling requirements.

RELATES TO: KRS Chapter 13B, 217.015, 217.025, 217.035, 217.037, 217.039, 260.850, 438.305(4), 2023 Ky Acts ch. 78

STATUTORY AUTHORITY: KRS 217.125, 217.127, 217.135, 217.155

NECESSITY, FUNCTION, AND CONFORMITY: KRS 217.125(1) authorizes the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations for the efficient administration and enforcement of the Kentucky Food, Drug and Cosmetic Act, KRS 217.005 through 217.215. KRS 217.125(2) requires the secretary to provide by administrative regulation a schedule of fees for permits to operate and for inspection activities carried out by the cabinet pursuant to KRS 217.025 through 217.390. KRS 217.135 authorizes the secretary to establish food standards by administrative regulation including a reasonable definition, standard of identity, and designation of optional ingredients that shall be named on the label. KRS 217.155 allows the cabinet or its duly authorized agent free access at reasonable times for the purpose of inspection any factory, warehouse, or establishment where foods, drugs, devices, or cosmetics are manufactured or held for sale. This administrative regulation establishes the registration, processing, and manufacturing procedures to utilize hemp-derived cannabinoid products in foods and cosmetics, the labeling and packaging requirements for products containing hemp-derived cannabinoids, the requirements for retail sale of hemp-derived cannabinoid products, and methods for use of hemp-derived cannabinoid as an additive to food products.

Section 1. Definitions. (1) "Adult-use cannabinoid" means a product with intoxicating properties that changes the function of the nervous system and results in alterations of perception, cognition, or behavior.
(2) "Approved source" means:
(a) A Kentucky hemp grower or handler licensed by the Kentucky Department of Agriculture, or an out-of-state hemp grower or handler who is duly authorized to produce hemp under the laws of the applicable jurisdiction;
(b) A hemp product manufacturer or processor permitted by the Kentucky Department for Public Health or
(c) A manufacturer or processor permitted by another state regulatory authority for hemp-derived cannabinoid products if that state has been approved by the department as having equivalent state standards for processing, laboratory testing, and labeling requirements.
(3) "Cabinet" is defined by KRS 217.015(3).
(4) "Cannabidiol" or "CBD" is defined by KRS 217.039(1)(a).
(5) "Cannabinoid" means a compound found in the hemp plant Cannabis sativa L from a United States Department of Agriculture sanctioned domestic hemp production program and does not include cannabinoids derived from any other substance.
(6) "Child-resistant" means packaging that is:
(a) Designed or constructed to be significantly difficult for children under five (5) years of age to open and not difficult for adults to use properly; and
(b) Resealable to maintain this effectiveness for children through multiple openings for any product intended for more than a single use or containing multiple servings.
(7) "Cosmetic" is defined by KRS 217.015(7).
(8) "Food service establishment" is defined by KRS 217.015(21).
(9) "Hemp" is defined by KRS 260.850(5).
(10) "Hemp-derived cannabinoid" means an ingestible, inhalable, or cosmetic product that is processed or derived from hemp.
(11) "Home-based processor" is defined by KRS 217.015(56).
(12) "Hydrogenation" means the chemical reaction between molecular hydrogen (H2) and another compound or element.
(13) "Imminent health hazard" is defined by KRS 217.015(24).
(14) "Infused" means adding a cannabinoid ingredient to an ingestible cannabinoid product.
(15) "Non-intoxicating cannabinoid" means a product with non-psychoactive properties that does not change the function of the nervous system and does not result in alteration of perception, cognition, or behavior.
(16) "Person" is defined by KRS 217.015(32).
(17) "Proof of age" is defined by KRS 438.305(4).
(18) "Revocation" means the permit to operate is cancelled by the department.
(19) "Serious adverse event" means a medical occurrence associated with the use of a cannabinoid product that results in one or more of the following:
(a) Death;
(b) A life-threatening event;
(c) Inpatient hospitalization, or prolongation of an existing hospitalization;
(d) A persistent or significant incapacity, or substantial disruption in the ability to conduct normal life functions; or
(e) A congenital anomaly or birth defect.
(20) "Tentatively identified compounds" or "TIC" means compounds detected in a sample that are not among the target analytes.

Section 2. [Registration.] (3) Cannabinoids requiring registration:
(a) Adult-use cannabinoids shall include:
1. 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.
(4) An annual registration fee of $200 per adult-use cannabinoid product shall be paid to the cabinet by check or money order made payable to the Kentucky State Treasurer.

Section 3. [Processing and Manufacturing.] (2) Hemp-derived cannabinoid products shall not be manufactured, marketed, sold, or distributed by a home-based processor.
(3) 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 supervision of a person twenty-one (21) years of age or older.
(4) 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.
(5) The serving size of an ingestible cannabinoid product shall be:
(a) As a whole unit where one (1) unit equals one (1) serving;
(b) Equal the maximum amount recommended, as appropriate, on the label for consumption per occasion in whole units; and
(c) Based on the amount typically consumed.
(6) A hemp-derived cannabinoid processing or manufacturing facility shall not treat or otherwise adulterate a cannabinoid product with:
(a) Any non-cannabinoid additive that increases toxicity or addictive potential, excluding caffeine;
(b) Alcohol;
(c) Nicotine; or
(d) Other chemicals that may increase carcinogenicity or cardiac effects.
(7) All products shall be homogenized to ensure uniform distribution of cannabinoids throughout the product.
(8) Only permitted hemp-derived cannabinoid processing facilities shall perform cannabinoid extraction, conversion, catalyzation, distillation, hydrogenation, or other refinement processes.
(9)(a) A limit of quantitation of one (1) milligram per gram or lower shall be used for all adult-use hemp-derived cannabinoids.
(9)(e) Cannabinoid products shall not contain a delta-9 tetrahydrocannabinol concentration of more than three-tenths of one percent (0.3) on a dry weigh basis.
(9)(f) The serving size from a vaporizer delivery device or pressurized metered dose inhaler shall not exceed one (1) inhalation lasting two (2) seconds per serving.
(9) A hemp-derived cannabinoid processor or manufacturer shall only use the following solvents: water, glycerin, vegetable oils, animal fats, butane, propane, carbon dioxide, ethanol, isopropanol, acetone, heptane, ethyl acetate, and pentane. The use of any other solvent is expressly prohibited unless pre-approved by the cabinet.
(17) A permittee shall not use dimethylsulfoxide (DMSO) in the manufacture of hemp-derived cannabinoid products, and possession upon the permitted premises is prohibited.
(19) 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 6. Product Packaging and Labeling. (1) Each hemp-derived cannabinoid product manufactured, marketed, sold, or distributed in the commonwealth shall be packaged and labeled in accordance with KRS 217.037, 2023 Ky. Acts ch. 78, and this administrative regulation.
(2) Each container of adult-use cannabinoid product shall:
(a) Have a tamper-evident seal; and
(b) Be in child-resistant packaging.
(3) Each container of non-intoxicating cannabinoid product or cosmetic shall have a tamper-evident seal.
(4) Cannabinoid product packaging shall not include:
(a) Any cartoon images;
(b) Likeness to images, characters, or phrases that are popularly used to advertise to children;
(c) Likeness to or imitation of any commercially available candy, snack, baked good, or beverage packaging or labeling;
(d) The terms "candy" or "candies", or any variation in the spelling of these words; or
(e) The logo of the department or cabinet, or any seal, flag, crest, coat of arms, or other insignia that could reasonably mislead any person to believe the product has been endorsed, manufactured, or used by any state, county, or municipality or any agency thereof, excluding the use of seals associated with state or federal programs used in accordance with state or federal law and regulations.
(5) The total amount of hemp-derived cannabinoid per serving and the total amount per container shall accurately reflect testing results and shall not contain less than eighty (80) percent or more than 120% of the concentration of total cannabinoid content as listed on the product label:
(a) For hemp-derived cannabinoid ingestible and inhalable products, potency shall be labeled as milligrams per serving for total tetrahydrocannabinol and the primary cannabinoid marketed, as applicable; and milligrams per package for total tetrahydrocannabinol and the primary cannabinoids marketed; and
(b) Other hemp-derived cannabinoids labeled milligrams per gram (mg/g) per serving, excluding cosmetics, and milligrams per package, if listed on the label.
(6) Adult-use hemp-derived cannabinoid products shall include the following warning label statements:
(a) "This product is intended for use by adults 21 years and older. Keep out of reach of children."
(b) "There may be health risks associated with the consumption of this product."
(c) "There may be additional health risks associated with the consumption of this product for those who are pregnant, nursing, or plan to become pregnant."
(d) "The intoxicating effects of this product may be delayed by two or more hours."
(e) "May cause drowsiness or impairment. Do not drive a motor vehicle or operate machinery while using this product."
(f) "Use of this product may result in a positive drug screen".
(7) A quick response or QR code may be used as a link to the warning statements required by subsection (7) of this section. The QR code shall be labeled as "Warning Statements" directly above or below the code and shall be large enough to be smart-phone readable.

Section 7. Retail Sale of Hemp-derived Cannabinoid Products. (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:
(a) Be secured in the retail setting to prevent theft or other access to persons under the age of twenty-one (21); and
(b) Not be sold, gifted, or otherwise transferred to any person under the age of twenty-one (21).
(7)(a) Any person who sells adult-use hemp-derived cannabinoid products at retail shall require proof of age of the buyer to verify the buyer is age twenty-one (21) years or older; and
(b) May deliver or ship adult-use hemp-derived cannabinoid products to consumers over twenty-one (21) years of age in packages clearly marked "Adult-use only"

Section 8. Food Service Establishments. (1) Only registered, pre-packaged adult-use ingestible cannabinoid products may be offered as ready-to-consume or for direct consumption at food service establishments.
(2) Adult-use cannabinoids shall not be added to an ingestible food product at a food service establishment.
(3) Non-intoxicating cannabinoids may be added to an ingestible product prior to retail sale at a food service establishment.

WESLEY W. DUKE, General Counsel
ERIC C. FRIEDLANDER, Secretary
APPROVED BY AGENCY: October 13, 2023
FILED WITH LRC: October 13, 2023 at 11:30 a.m.

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.