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Is CBD Legal in Kentucky? State Hemp Rules in 2026

Kentucky allows hemp-derived CBD and regulates delta-8 and other intoxicating hemp products for adults 21+. Rules as of November 5, 2026.

Last checked: Based on official sourcesNot legal advice.

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In short

As of November 5, 2026, CBD made from hemp is legal in Kentucky. State law defines hemp as cannabis with no more than 0.3 percent delta-9 THC on a dry weight basis, and it leaves CBD products made from hemp out of the definition of marijuana.[1, 2]

Kentucky also allows some intoxicating hemp products, such as delta-8 THC, but only for adults 21 and older. Health rules list which cannabinoids may be sold, require product registration, batch testing, warning labels, and child-resistant packaging for these products. Stores selling them need a state permit.[3, 4, 5]

Since 2025, drinks with intoxicating hemp cannabinoids are capped at 5 milligrams per 12-ounce serving and sold only in liquor stores with a special license. Kentucky also has a medical cannabis program under its own law. We found no adult-use marijuana program.[6, 7, 8]

At a glance

Is CBD Legal in Kentucky? State Hemp Rules in 2026
TopicStatus
Is CBD legal?Yes. Kentucky's controlled substances law says "marijuana" does not include a cannabidiol product derived from industrial hemp, or hemp products that contain no living plants, viable seeds, leaf materials, or floral materials. CBD products for eating or for the skin must carry a code or web link to a lab report, and they may not claim to diagnose, treat, cure, or prevent disease.[2, 9]
Hemp definition and THC limitKentucky defines hemp as the plant Cannabis sativa L. and any part of it, including derivatives, extracts, and cannabinoids, with a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis (KRS 260.850). Medicinal cannabis is excluded. Health rules also say finished cannabinoid products may not have more than 0.3 percent delta-9 THC on a dry weight basis. The Kentucky Department of Agriculture's hemp crop testing rules (302 KAR 50:056) measure delta-9 THC after decarboxylation, so THCA in the plant also counts in those field tests.[1, 5, 10]
CBD in food and drinksAllowed with limits. Restaurants may add non-intoxicating cannabinoids such as CBD to food if the ingredient comes from an approved source with a lab report. They may not add intoxicating cannabinoids to food; they may only offer registered, pre-packaged adult-use products. Drinks with intoxicating cannabinoids ("cannabis-infused beverages") may contain no more than 5 mg per 12-ounce serving. They are sold by the package, in wet areas, by stores holding both a retail package liquor license and a cannabis-infused beverage license. Drinks with only non-intoxicating cannabinoids and hemp tinctures are not covered by that beverage law.[4, 6, 7]
Intoxicating hemp products (delta-8, THCA flower and similar)Allowed for adults 21 and older, within strict rules. State health rules list ten "adult-use" cannabinoids that may be registered, including delta-8, delta-10, THCA (with 0.3 percent or less total THC), HHC, and THCP. All other cannabinoids are banned unless the state pre-approves them. Raw hemp flower is a different story. Stores may not sell whole hemp buds, ground hemp flower or leaf, or any hemp product with more than 0.3 percent total delta-9 THC. Hemp cigarettes, cigars, and flower teas may not be made for retail sale.[3, 4]
Minimum age21 for intoxicating ("adult-use") hemp products. Sellers must check proof of age, and these products must be kept secured from people under 21. No one under 21 may buy or drink cannabis-infused beverages. We found no state minimum age for non-intoxicating CBD products in the rules we read, as of November 5, 2026.[4, 7]
Who can sell itStores and restaurants that offer adult-use cannabinoid products need a state permit, with a $2,000 yearly fee. These stores may not be within 1,000 feet of an elementary, middle, or high school; stores registered before December 31, 2024, are exempt. Kentucky makers, processors, and distributors also need state permits, and each product sold in Kentucky must be registered for $200. Adult-use products may be shipped or delivered to buyers 21 and older in packages marked "Adult-use only." Out-of-state sellers who ship to Kentucky buyers must register. Hemp growers and processors need a license from the Kentucky Department of Agriculture.[3, 4, 11]
Labels and lab testingEvery batch must be tested by an independent ISO 17025 lab for cannabinoids, microbes, mycotoxins, pesticides, heavy metals, and, if needed, solvents. Lab reports must go with the product. CBD product labels need a bar code, QR code, or web link to the lab report, where the hemp was grown, and the maker's contact details. Labels must show milligrams per serving and per package, within 80 to 120 percent of the tested amount. Adult-use products need child-resistant, tamper-evident packaging and warnings such as "Warning: Contains THC" and a 21+ notice. Cartoons and candy-like packaging are banned.[3, 5, 9]
Medical and adult-use marijuanaKentucky has a medicinal cannabis law, KRS Chapter 218B, created in 2023. Its core rules took effect July 1, 2024, after a 2024 law moved that date up from January 1, 2025. Registered patients may use medicinal cannabis, but smoking is not allowed under the law. The program is run by the Cabinet for Health and Family Services. We found no adult-use (recreational) marijuana program in Kentucky law as of November 5, 2026.[8, 12]
November 12 and December 11, 2026Kentucky's hemp definition is written out in state law and counts delta-9 THC only. But the state hemp law also lets the Department of Agriculture set testing rules so that hemp does not exceed the THC levels "defined in federal law as it currently exists or as it may be subsequently amended," and says it does not authorize anyone to break federal law. The department's crop testing rules (302 KAR 50:056) measure delta-9 THC after decarboxylation, so THCA in the plant also counts in those field tests. From November 12, 2026, the federal definition leaves out cannabinoids the plant cannot naturally make. The rest, including a 0.4 mg total THC per container limit, is set for December 11, 2026, unless Congress delays it again. In our reading, many adult-use products and beverages allowed by Kentucky rules may then fall outside federal hemp. We found no Kentucky law passed in 2026 to respond.[1, 10, 11, 13, 14, 15, 16]

How Kentucky defines hemp and CBD

Kentucky's hemp law (KRS 260.850 to 260.869) defines hemp as the plant Cannabis sativa L. and any part of it, including seeds, derivatives, extracts, and cannabinoids, with a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis. Medicinal cannabis is excluded. This definition was last amended in 2023.[1]

The state's stated policy is to grow the hemp industry "to the maximum extent permitted by federal law." Growing, handling, processing, or marketing hemp requires a license from the Kentucky Department of Agriculture. The department's hemp crop testing rules (302 KAR 50:056) measure delta-9 THC after decarboxylation, so THCA in the plant also counts in those field tests.[10, 11, 17]

Kentucky's controlled substances law leaves several hemp items out of the definition of marijuana. These include hemp products without living plants, viable seeds, leaf, or flower material, and CBD products made from hemp.[2]

Without a license, it is illegal to market hemp leaf or flower material, or to possess hemp extract with more than 0.3 percent delta-9 THC. The penalties match those for marijuana.[13]

Delta-8 and other intoxicating hemp products

A 2023 law, House Bill 544 (2023 Ky. Acts ch. 78), told the Cabinet for Health and Family Services to start regulating delta-8 THC and other hemp-derived substances. The cabinet first used emergency rules. Permanent rules took effect on November 18, 2024 (902 KAR 45:001, 45:021, and 45:031) and February 5, 2025 (902 KAR 45:012). The earlier emergency rule, 902 KAR 45:190E, is marked superseded.[3, 4, 5, 18, 19, 20]

The rules split products into two groups. "Adult-use" cannabinoids are intoxicating; the list has ten, including delta-8, delta-10, THCA, THCV, HHC, and THCP. "Non-intoxicating" cannabinoids include CBD, CBDA, CBG, CBN, and CBC. All other cannabinoids are banned unless the cabinet approves them first.[3]

A product counts as non-intoxicating only if it has at least 15 parts non-intoxicating cannabinoid to 1 part adult-use cannabinoid, and no more than 2.5 mg of adult-use cannabinoid per serving. Anything else is treated as an adult-use product.[3]

The rules define a "cannabinoid" as a compound found in hemp from a USDA-approved hemp program. Cannabinoids made from any other substance are not included.[20]

CBD in food and cannabis-infused drinks

Restaurants may add non-intoxicating cannabinoids like CBD to food before sale, using an approved source and keeping its lab report. They must tell customers the product name and maker if asked. They may not mix intoxicating cannabinoids into food.[4]

Senate Bill 202, signed March 25, 2025, created rules for cannabis-infused beverages. These are drinks with intoxicating hemp cannabinoids, capped at 5 mg per 12-ounce serving. Hemp tinctures, drinks with only non-intoxicating cannabinoids, and medicinal cannabis are not included.[6, 21]

These drinks are sold only by the package, only in wet territory, and only by stores holding both a quota retail package license and a cannabis-infused beverage retail package license. People under 21 may not buy or drink them. The Department of Alcoholic Beverage Control regulates their distribution and retail sale, while the health cabinet licenses the makers.[7, 9]

The law told the Department of Alcoholic Beverage Control (ABC) to adopt its own rules on or before July 1, 2026. Since July 1, 2026, only the ABC regulates the distribution and retail sale of these drinks. We could not confirm whether its own rules had been adopted as of November 5, 2026.[7, 9]

Permits, labels, and lab tests

Kentucky businesses that process, make, store, or distribute hemp-derived cannabinoid products need a permit from the health cabinet. Yearly fees are $3,000 for processing, $1,000 for manufacturing, $1,000 for warehouse and distribution, and $200 for cosmetics. Each product or product class sold in Kentucky must be registered for $200.[3]

Stores and restaurants that offer adult-use products need a yearly $2,000 permit. They must keep these products secured, check proof of age, and sell only to people 21 and older. They may ship to adults 21 and older in packages marked "Adult-use only."[4]

Every batch must be tested by an independent lab accredited to ISO 17025 before sale. The lab report must list total THC and milligrams per serving and per package, and it must go with the final product.[5]

Labels must give access to the lab report through a bar code, QR code, or web link. Adult-use products need child-resistant and tamper-evident packaging and seven warning statements, which may be reached by a QR code labeled "Warning Statements." Packaging may not use cartoons, look like candy or snacks, or use the word "candy."[3, 9]

Medical cannabis

Kentucky's medicinal cannabis law is KRS Chapter 218B, created by a 2023 law. Its core rules took effect on July 1, 2024; a 2024 law moved this date up from January 1, 2025. The Cabinet for Health and Family Services runs the program.[8, 12]

Under the law, registered patients may use medicinal cannabis, but "use" does not include smoking or growing it at home. The medical law does not apply to industrial hemp or hemp products.[8, 12]

How the federal hemp changes may affect Kentucky

Federal Public Law 119-37 rewrites the federal hemp definition. It counts total THC, including THCA, and leaves out cannabinoids the plant cannot naturally make, cannabinoids made outside the plant, and final products with more than 0.4 mg of total THC per container. Under Public Law 119-103, the part on cannabinoids the plant cannot naturally make applies from November 12, 2026. The rest is set for December 11, 2026, unless Congress delays it again.[14, 15]

Kentucky's hemp definition counts delta-9 THC only, so it does not change on its own. But the hemp law lets the Department of Agriculture set testing rules so that hemp does not exceed the THC levels "defined in federal law as it currently exists or as it may be subsequently amended," and says it does not authorize breaking federal law. The department's crop testing rules (302 KAR 50:056) measure delta-9 THC after decarboxylation, so THCA in the plant also counts in those field tests. In our reading, the 5 mg beverage cap is far above the 0.4 mg per container federal limit, so many adult-use products and beverages allowed in Kentucky may fall outside federal hemp. Some listed cannabinoids may also count as ones the plant cannot naturally make. We found no Kentucky guidance on this as of November 5, 2026.[3, 6, 10, 11, 13, 14, 15]

The legislature's table of statutes changed in the 2026 session shows no changes to the hemp law, the CBD labeling law, or the cannabis beverage law.[16]

What changes next

  1. Federal change on cannabinoids the plant cannot naturally make

    From November 12, 2026, hemp products with cannabinoids that the plant cannot naturally make fall outside the federal hemp definition.[14, 15]

  2. Rest of the federal hemp change

    The remaining federal changes, including total THC with THCA and the 0.4 mg per container limit, are set for December 11, 2026, unless Congress delays them again.[14, 15]

Who regulates hemp and CBD

Timeline

  1. House Bill 544 signed

    House Bill 544 directs the health cabinet to begin regulating delta-8 THC and other hemp-derived substances.[18]

  2. Medicinal cannabis law created

    A 2023 law creating KRS Chapter 218B takes effect, and the hemp definition is updated to exclude medicinal cannabis.[1, 12]

  3. First emergency rule on hemp-derived cannabinoids filed

    The health cabinet files its first emergency rule to regulate delta-8 and other hemp-derived products under a 2023 law. An amended version follows on October 13, 2023. Both are later superseded.[19]

  4. Medicinal cannabis rules take effect

    Core rules of the medicinal cannabis law take effect, earlier than the original January 1, 2025 date.[8]

  5. Permanent hemp product rules take effect

    902 KAR 45:001, 45:021, and 45:031 set definitions, registration, packaging, labeling, and testing rules.[3, 5, 20]

  6. Retail rules take effect

    902 KAR 45:012 sets the $2,000 retail permit, the 21+ age rule, and the ban on retail sale of hemp flower.[4]

  7. Cannabis-infused beverage law signed

    Senate Bill 202 caps intoxicating hemp drinks at 5 mg per 12 ounces and puts their sale under alcohol control.[7, 21]

Sources

Show 21 references
  1. KRS 260.850 Definitions for KRS 260.850 to 260.869 (effective June 29, 2023)
  2. 2026 Ky. Acts ch. 38 (HB 388), An Act relating to prescription drugs, including the text of KRS 218A.010, signed April 7, 2026
  3. 902 KAR 45:021 Hemp-derived cannabinoid products registration, processing, manufacturing, storage and distribution requirements (eff. 11-18-2024)
  4. 902 KAR 45:012 Hemp-derived cannabinoid product retail and food service establishment requirements (eff. 2-5-2025)
  5. 902 KAR 45:031 Hemp-derived cannabinoid product sampling and testing requirements (eff. 11-18-2024)
  6. KRS 241.010 Definitions for KRS Chapters 241 to 244 (effective July 1, 2025)
  7. KRS 243.401 Department to regulate distribution and retail sale of cannabis-infused beverages
  8. KRS 218B.015 Construction of chapter; applicability (medicinal cannabis)
  9. KRS 217.039 Ingestible or cosmetic cannabidiol products; labeling and certificate of analysis requirements; cannabis-infused beverages (effective March 25, 2025)
  10. 302 KAR 50:056. Sampling and THC testing; disposal of non-compliant harvests; post-testing actions (eff. 7-5-2022)
  11. KRS 260.862 Promulgation of administrative regulations concerning the hemp program; licensure for cultivation, handling, processing, and marketing of hemp
  12. KRS 218B.010 Definitions for chapter (medicinal cannabis)
  13. KRS 260.858 Lawful and unlawful conduct
  14. Public Law 119-37 (November 12, 2025), Division B, Sec. 781: amendments to the definition of hemp (7 U.S.C. 1639o)
  15. Continuing Appropriations and Extensions Act, 2027, Public Law 119-103 (September 2, 2026), Sec. 2019: Section 781 extension
  16. Table of KRS Sections Affected by Acts of the 2026 Regular Session (Kentucky Legislative Research Commission)
  17. KRS 260.852 Commonwealth's hemp policy
  18. 2023 Ky. Acts ch. 78 (HB 544), An Act relating to the regulation of hemp-derived products, signed March 23, 2023
  19. Title 902, Chapter 045, Food and Cosmetics: regulation list, including 902 KAR 45:190E (emergency, superseded)
  20. 902 KAR 45:001 Definitions for hemp-derived cannabinoid products (eff. 11-18-2024)
  21. 2025 Ky. Acts ch. 82 (SB 202), An Act relating to regulated beverages and declaring an emergency, signed March 25, 2025

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About this page

This page is a plain summary of official texts; it is meant to inform and is not a substitute for legal advice. Rules can change and differ from place to place: before you decide, we suggest checking the official text and, if needed, talking to a lawyer. If you spot a change or an error, let us know through our contact form.