Hemp and the Law

Even though the 2018 Farm Bill removes hemp from the controlled substance list, no person can grow, handle, 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 industrial hemp plants or viable seeds, leaf materials, or floral materials derived from industrial hemp. Penalties for persons who cultivate, handle, process, or market living industrial 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). Remember that these regulations pertain to the 2019 Industrial Hemp Research Pilot Program. The regulations for the 2020 hemp licensing program will be released later this year.

Hemp derived CBD products are legal in Kentucky pursuant to 40 KRS 218A.010(27) (Scroll down to number 27).

License Holders investing at this early stage in the research 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.