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Hemp, THC and CBD laws in Kentucky

We follow 3 Kentucky rules on hemp, delta-8, THCA and CBD products; 2 are bans.

Check a specific item for Kentucky

Kentucky

21+Delta-8, delta-10, HHC, THCP, hemp delta-9 and other adult-use hemp cannabinoid products may be shipped to Kentucky only to buyers 21+, in packages marked "Adult-use only", and only if the shipper and each product are registered with the Kentucky Cabinet for Health and Family Services.
902 KAR 45:012, Section 1(1) and Section 2(3)-(6) · effective Feb 5, 2025 · draft
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(a) Only approved cannabinoid products or class of products in accordance with 902 KAR 45:021 may be sold in retail and food service establishments. All other cannabinoid products or class of products shall be prohibited. (b) All cannabinoid products or class of products shall be registered in accordance with 902 KAR 45:021, Section 1(4).
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(3) The following hemp-derived products shall not be marketed, sold, or distributed direct to the consumer in a retail setting: (a) Whole hemp buds; (b) Ground hemp floral material; (c) Ground hemp leaf material; and (d) Any hemp product with a total delta-9 THC concentration in excess of zero and three-tenths (0.3) percent. (4) All adult-use 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). (5) (a) Any person who sells adult-use 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 cannabinoid products to consumers over twenty-one (21) years of age in packages clearly marked "Adult-use only". (6) All persons located in another state or country who deliver, ship, or cause to be delivered or shipped cannabinoid products directly to any Kentucky consumer shall be registered in accordance with 902 KAR 45:021.
BannedDo not ship hemp flower, pre-rolls, hemp cigarettes/cigars or THCA flower to Kentucky: hemp buds and floral material may not be sold direct to consumers, hemp cigarettes/cigars may not be made for retail sale, and marketing hemp floral material without a KDA licence carries marijuana penalties (KRS 260.858).
902 KAR 45:021, Section 1(4) and Section 2(3), (5) · effective Nov 18, 2024 · draft
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(4) Cannabinoids requiring registration: (a) Adult-use cannabinoids shall include:
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(c) All other cannabinoids are prohibited for sale in Kentucky unless pre-approved by the cabinet.
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(3) The following hemp-derived products shall not be manufactured with the intent for retail sale: (a) Hemp cigarettes; (b) Hemp cigars; (c) Chew, dip, or other smokeless material consisting of hemp leaf material or hemp floral material; (d) Hemp leaf material or floral material teas; and (e) Hemp bud or floral material.
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(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. (6) Products not meeting the requirements of subsection (5) of this section shall be considered adult-use products.
BannedDo not ship hemp THC (intoxicating cannabinoid) beverages to Kentucky consumers: they may be sold only by Kentucky ABC-licensed package retailers or shipped by manufacturers holding an ABC direct shipper Type B licence, like alcohol, to buyers 21+.
KRS 243.401(2)-(5) · effective Mar 25, 2025 · draft
Exact text
(2) Cannabis-infused beverages shall only be available for retail sale:
(a) By the package;
(b) In wet territory; and
(c) By the holder of both a quota retail package license and a cannabis -infused
beverage retail package license.
(3) A person under twenty -one (21) years of age shall not purchase or co nsume
cannabis-infused beverages.
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(5) Cannabis-infused beverages may be shipped and delivered in the same manner as
alcoholic beverages.
Effective: March 25, 2025

Federal

Applies nationwide.

BannedFrom Dec. 11, 2026 (unless Congress extends the delay again), federal law no longer treats as hemp any consumer product with more than 0.4 mg total THC (incl. THCA) per container or any synthesized/converted cannabinoid, so delta-8/THCA/hemp-THC edibles and hemp flower become federally illegal marijuana everywhere in the US.
Exact text
Sec. 781. <<NOTE: Effective date. 7 USC 1639o note.>> Effective
365 days after the enactment of this Act, Section 297A of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1639o) is amended--
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``(A) In general.--The term `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 total
tetrahydrocannabinols concentration (including
tetrahydrocannabinolic acid) of not more than 0.3
percent on a dry weight basis.
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``(C) Exclusions.--Such term does not include--
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``(iii) any intermediate hemp-derived
cannabinoid products which are marketed or sold as
a final product or directly to an end consumer for
personal or household use; or
``(iv) any final hemp-derived cannabinoid
products containing--
``(I) cannabinoids that are not
capable of being naturally produced by a
Cannabis sativa L. plant;
``(II) cannabinoids that--
``(aa) are capable of being
naturally produced by a Cannabis
sativa L. plant; and
``(bb) were synthesized or
manufactured outside the plant;
or
``(III) greater than 0.4 milligrams
combined total per container of--
``(aa) total
tetrahydrocannabinols (including
tetrahydrocannabinolic acid); and
``(bb) any other
cannabinoids that have similar
effects (or are marketed to have
similar effects) on humans or
animals as a
tetrahydrocannabinol (as
determined by the Secretary of
Health and Human Services).
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``(C) The term `container' means the innermost
wrapping, packaging, or vessel in direct contact with a
final hemp-derived cannabinoid product in which the
final hemp-derived cannabinoid product is enclosed for
retail sale to consumers, such as a jar, bottle, bag,
box, packet, can, carton, or cartridge.
BannedFrom Nov. 12, 2026, hemp products containing cannabinoids that the cannabis plant cannot naturally produce (e.g. THC-O acetate, HHC and other lab-made cannabinoids) are excluded from the federal hemp definition and are Schedule I nationwide.
Pub. L. 119-103, div. B, sec. 2019 (140 Stat. 1003) · effective Nov 12, 2026 · draft
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SEC. 2019. <<NOTE: Applicability.>> SECTION 781 EXTENSION.
Until December 11, 2026, the amendments made by section 781 of
division B of Public Law 119-37 (7 U.S.C. 1639o note) shall only apply
with respect to products described in paragraphs (1)(C)(ii)(I) and
(1)(C)(iv)(I) of section 297A of the Agricultural Marketing Act of 1946
(7 U.S.C. 1639o) (as amended by such section 781).
BannedDEA treats HHC and any THC made by chemically converting hemp CBD (most delta-8/delta-10, THC-O, HHC products) as Schedule I synthetic THC; don't ship them anywhere in the US.
Exact text
Hexahydrocannabinol is currently controlled in
schedule I as a tetrahydrocannabinol.
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Thus, only tetrahydrocannabinols in or derived from the cannabis
plant--not synthetic tetrahydrocannabinols--are excluded from control
as ``tetrahydrocannabinols in hemp.'' To clarify further,
tetrahydrocannabinols produced through chemical conversion, even when
hemp derived are considered synthetically produced for purposes of the
CSA, do not qualify as ``tetrahydrocannabinols in hemp'' under the AIA.
BannedDon't mail THCA flower or synthetic/converted-cannabinoid products by USPS: Pub 52 allows hemp only if it meets the federal hemp definition and every applicable law, and keeps tracking any 'successor' definition.
Exact text
453.37 Hemp-Based Products
For purposes of this section, "hemp" refers to the definition provided under federal law, including Section 10113 of the Agricultural Improvement Act of 2018, Pub. L.115-334 (7 U.S.C. § 1639o), or any successor provision. Hemp and hemp-based products, including cannabidiol (CBD) with the tetrahydrocannabinol (THC) concentration of such hemp (or its derivatives) not exceeding a 0.3 percent limit are permitted to be mailed domestically only when the mailer:
Complies with all applicable federal, state, and local laws, including U.S. Department of Agriculture approved plans for hemp production, processing, distribution, and sales (7 CFR Part 990).
Retains records establishing compliance with such laws and plans, including laboratory test results, licenses, or compliance reports, for no less than 3 years after the date of mailing.
Shipments of hemp and hemp-based products, including CBD, are prohibited in international mail, including items for delivery to overseas Army Post Office, Fleet Post Office, and Diplomatic Post Office addresses (APO/FPO/DPO).
Permit neededUPS carries hemp and CBD products only for shippers with a UPS contract for them, and never carries vape products; don't ship hemp/CBD by UPS without that agreement.
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Marijuana, including marijuana intended for medical use and Cannabidoil ("CBD") derived from Marijuana
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Vape products within, to or from the U.S
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Certain items we list as prohibited will be accepted by UPS on a contractual basis for shippers with regular volume and the ability to comply with all applicable laws and regulations. The items we can carry under certain criteria are:
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Hemp and CBD
BannedFDA's position is that CBD or THC foods, drinks and dietary supplements cannot lawfully be shipped across state lines, so interstate online sales of CBD/THC gummies, beverages or supplements are federally prohibited.
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9. Can THC or CBD products be sold as dietary supplements?
A. No. Based on available evidence, FDA has concluded that THC and CBD products are excluded from the dietary supplement definition under section 201(ff)(3)(B) of the FD&C Act [21 U.S.C. § 321(ff)(3)(B)].
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10. Is it legal, in interstate commerce, to sell a food (including any animal food or feed) to which THC or CBD has been added?
A. No. Under section 301(ll) of the FD&C Act [21 U.S.C. § 331(ll)], it is prohibited to introduce or deliver for introduction into interstate commerce any food (including any animal food or feed) to which has been added a substance which is an active ingredient in a drug product that has been approved under section 505 of the FD&C Act [21 U.S.C. § 355], or a drug for which substantial clinical investigations have been instituted and for which the existence of such investigations has been made public.