Hemp and the Law

Even though the 2018 Farm Bill removes hemp from the controlled substance list, no person can grow, handle (possess), or process hemp plants, viable seed, leaf or floral materials without a hemp license issued by the Kentucky Department of Agriculture.

As stated in 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 cultivate, handle, process, or market living hemp plants or viable seeds, leaf materials, or floral materials derived from hemp. Penalties for persons who cultivate, handle, process, or market living hemp plants or viable seeds, leaf materials, or floral materials derived from industrial hemp without a license are the same as those penalties that are applicable to persons who violate KRS Chapter 218A, relating to marijuana.”

For applicable Kentucky Revised Statutes, Kentucky Administrative Regulations, and more information, look under“Forms & Documents” in the right column (mobile devices scroll down). For full details of the federal hemp program, see the USDA U.S. Domestic Hemp Production Program.

Hemp derived CBD products are legal in Kentucky pursuant to 40 KRS 218A.010(28) (Scroll down to number 28). Addtionally, KRS 217.039, "Ingestible or cosmetic cannabidiol products-Maufacturer or processor to be permitted-Labeling and certificate of ananlysis requirements." must be followed. The Kentucky Cabinet for Health and Family Services regulates finished cannabinoid products. Those regulations can be found in 902 KAR 45:190.

License Holders investing at this early stage in the industry should be aware that federal law is subject to change.  There is uncertainty at the federal level on what parts of the hemp plant can be lawfully sold.