Is CBD Legal In Kentucky?

It is legal in the state of Kentucky to purchase and consume CBD products that are derived from hemp as long as they don’t contain any more than 0.3% tetrahydrocannabinol (THC) or other cannabinoids. Hemp-derived CBD is not allowed to be sold in flower form at all in the state. CBD products like tinctures, oils, topicals, and some foods are perfectly legal if the THC content is correct.

After the Hemp Farming Act was passed in 2018, it made all hemp products to be sold legally on the federal level as long as they met the 0.3% THC standard. The US Department of Agriculture has the responsibility for managing rules and regulations of quality and safety standards. The FDA controls the power over how CBD when it comes to marketing and regulating additives to food products, therapeutic claims, and labeling.

What Is CBD Used For?

It would be hard to say exactly how many people are using CBD products today. So many have become firm believers when it comes to using CBD products to help aid and alleviate many mental and physical ailments. However, it has to be said that research to back up these beliefs are still being conducted even though some evidence has been shown that CBD does have benefits when it comes to treating issues like anxiety, inflammation, pain, seizures, and other conditions.

Why Is CBD Sometimes Illegal?

The one main reason that hemp-derived products have been legalized federally is that there is not enough THC hemp to make you high the way that marijuana can. In the past, it was assumed by most people that there wasn’t much difference in hemp and marijuana because they look alike and are from the same plant family.

Hemp was removed from the Schedule I controlled substance list when the Hemp Farming Act was passed in 2018. It is now defined differently than its cousin marijuana. On a federal level, marijuana is still illegal and CBD products made from marijuana are not legal nationwide but can be purchased in states where marijuana has been legalized for medical and recreational purposes even if the THC content surpasses the 0.3% content.

Just because CBD products that meet federal standards have been legalized does not mean that it is not heavily regulated by the federal government. The Hemp Farming Act bill allows individual states to make their own laws concerning regulation concerning sale and distribution of hemp-derived products. States also retain the right to prohibit or allow the cultivation and commerce of hemp products. Despite the rules the FDA has laid out, states can also attempt to oversee the regulation of dietary supplements, foods, cosmetics, and beverages that contain CBD from hemp.

Prior Kentucky CBD Laws

Before 2014, cannabis was illegal in Kentucky. When the 2014 Farm Bill was passed, it permitted the cultivation of hemp. Also in 2014, Democratic Governor Steve Beshear signed SB 124 into law. It stated that patients could use non-psychoactive CBD products if they had a written order from a doctor.

Kentucky Licensing Requirements For Hemp

Kentucky has some of the most advanced legislation when it comes to protecting the industrial hemp production under the 2018 farm Bill. Kentucky was among the first states to introduce hemp legislation. This paved the way for hemp production on both a state and federal level. The Kentucky Department of Agriculture watches over all hemp production in the state under the Hemp Pilot Program. According to the program, all growers and processors must first obtain a license before handling raw hemp materials.

Current Kentucky Laws Concerning CBD

It is legal in Kentucky to possess any amount of CBD products as long as they don’t exceed the 0.3% THC limit. Since marijuana is still illegal to possess in Kentucky, CBD products derived from cannabis is still illegal even for medical patients. Kentucky’s law state that possessing up to 8 ounces of cannabis may have a fine of $250 and 45 days in jail. Possession of more than 8 ounces can lead to a felony charge, 1-5 years in prison, and a maximum fine of $10,000.

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Tiffany Corkern

Tiffany Corkern

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