Is CBD Oil Legal in Kentucky?

What is CBD?

CBD, one of the active ingredients of hemp and cannabis, is short for cannabidiol. It is the second most prevalent active ingredient in the cannabis plant after Tetrahydrocannabinol (THC). However, unlike THC, a psychoactive compound, CBD does not cause a "high sensation" (psychoactive effect). Generally, hemp has a higher concentration of CBD, while cannabis has a higher concentration of THC. CBD is said to have various health benefits after many years of research by scientists on its use for medicinal purposes. The first cannabis-derived medicine which contains CBD is Epidiolex, and the U.S. Food and Drug Administration (FDA) approved it for managing and treating certain health conditions. These include epilepsy, chronic pain, anxiety, addiction (heroin and tobacco), and insomnia.

Generally, CBD is touted to help in the management of some cancer-related symptoms and the reduction of mental health disorders-related symptoms. It is also believed to benefit heart health, including the capacity to lower high blood pressure. Although CBD commonly exists in oil form (CBD oil), other popular forms in which it is presented include tinctures, capsules, topicals, patches, edibles, wax, and vapes. CBD is broadly categorized into three types: full-spectrum, broad-spectrum, and CBD isolate.

• Full-spectrum CBD contains everything from the cannabis plants (when extracted originally), and its products have less than 0.3% THC
• Broad-spectrum CBD contains everything included in full-spectrum CBD but only trace amounts of THC
• CBD isolate only contains CBD. It is the purest form and does not contain THC or other cannabinoids

Under federal law, CBD is legal in the United States. The Agricultural Improvement Act of 2018, also known as the 2018 Farm Bill, removed hemp products from the list of Schedule 1 substances%2C%20methaqualone%2C%20and%20peyote.) and legalized the sale and production of hemp and its extracts, including CBD. However, only hemp-derived CBD, with no more than 0.3% THC, is legal under federal law.

CBD is legal in Kentucky as long as it is within the federally-approved THC legal limit. As a result, Kentucky residents can buy and use CBD products, provided such products do not contain more than 0.3% THC.

Is CBD Oil Legal in Kentucky?

Yes. Hemp-derived products, including CBD oil, are legal in Kentucky and subject to federal definitions. In 2014, Kentucky Legislature enacted SB 124, a bill that gave qualifying patients with doctors' recommendations access to hemp-derived CBD. Before the 2018 Farm Bill became law, the Kentucky Legislature had passed HB 333 in 2017. HB 333 further legalized the sale and consumption of hemp and hemp-derived products, including CBD oil that contains no more than 0.3% THC in Kentucky. Kentucky has zero tolerance for marijuana because it is still illegal. As such, the sale or use of cannabis-derived CBD oil in the state is illegal.

What are Kentucky CBD Laws in 2022?

The Kentucky Department of Agriculture established the state's industrial hemp pilot program in 2014 after the federal government signed the 2014 Farm Bill into law. The Farm Bill came with regulations for individual states to launch pilot programs for industrial hemp. That same year, Kentucky Legislature passed Senate Bill 124 (SB 124), a bill that legalized hemp-derived medicinal CBD that does not contain THC. However, only qualifying patients with doctors' recommendations could access such medicinal CBD products.

In 2017, the Kentucky Legislature passed House Bill 333, legalizing Hemp-derived CBD with at most 0.3%THC for sale and use. HB 333 delists hemp-derived CBD from Kentucky's list of control substances. It now overrides SB 124 since it (HB 333) makes CBD available to everyone, including the qualifying patients specified in SB 124. Before the 2018 Farm Bill became law, the Kentucky Legislature had, in April 2018, published the House Concurrent Resolution 35 (HCR 35). The state legislature urged the United States government to delist hemp from the FDA's list of controlled substances through HCR 35.

After the 2018 Farm Bill passed at the federal level, the Kentucky Legislature passed House Bill 197 (HB 197) to align the state's description of industrial hemp with the federal government's definition. In 2022, only CBD products that satisfy federal regulations are legal in Kentucky. It is unlawful for anyone to have any raw hemp material. However, no Kentucky law provides specific rules on the use of CBD as an ingredient in dietary supplements, foods, or drinks.

What are Kentucky CBD Possession Limits?

There is currently no law in Kentucky on the possession limit of CBD oil or other hemp CBD-derived products. Hence, anyone in the state can possess any amount of CBD without legal repercussions, provided the CBD product does not have more than 0.3% THC content. Once a CBD product in Kentucky contains over 0.3% THC, it is considered a cannabis product, regardless of the amount of that product a person possesses, and the possession of cannabis in the state is still illegal.

In Kentucky, a person caught in possession of up to eight ounces of cannabis-derived CBD may face a $250 fine and up to 45 days in jail. The offender risks increased imprisonment if cannabis possession is more than 8 ounces. There is no legal age limit for buying or possessing hemp-derived CBD in Kentucky, especially considering some CBD products' popularity in managing and treating several childhood ailments. However, persons under 21 may still find it difficult to access CBD owing to some rules set by CBD retail outlets.

Can Doctors Prescribe CBD Oil in Kentucky?

Typically, licensed doctors cannot prescribe CBD oil in Kentucky. They may only recommend CBD oil or any other hemp-derived CBD products considering that they are everywhere and can be purchased at retail shops. Besides, no legal age limit is set by any state law for using CBD in the state. The only type of CBD that requires a doctor's prescription is medical CBD derived from cannabis, not hemp-derived. However, cannabis is illegal in Kentucky. As such, no doctor can recommend any cannabis-derived CBD product in the state.

Hemp-derived CBD products, including CBD oil, have been ascertained to manage and/or treat certain medical conditions in Kentucky, among other states. For instance, they have been proven potent in managing some heart health issues, mental health disorders, and chronic pain.

What are the Licensing Requirements for CBD in Kentucky?

Despite the 2018 Agricultural Improvement Act's removal of hemp from the list of controlled substances in the United States, Kentucky still has certain regulations on hemp. One such regulation is setting some licensing requirements for persons or entities intending to venture into the hemp business. Per Section 260.858.) of the Kentucky Revised Statutes (KRS 260.858), it is illegal to engage in the Commonwealth's hemp business, including processing CBD, without obtaining a license from the Kentucky Department of Agriculture (KDA).

The KDA requires anyone applying for a hemp cultivation license to submit to criminal background checks. All key business participants must undergo criminal background checks if the applicant is an entity. Participating farmers in the Commonwealth's hemp program must only use hemp seed obtained from a DEA-licensed educational institution; such seeds are expected to be low on THC. CBD business license applicants in Kentucky must not have been convicted for any drug-related offense or felony within the past 10 years before the application date. Growers and processors must consent to keep their lab test records for at least three years and make them available to the KDA or law enforcement on request.

In the Commonwealth of Kentucky, CBD product labels must meet certain requirements. Generally, CBD product labeling helps regulators, retailers, and consumers to determine every CBD product's compliance with the legally acceptable THC level (0.3% max). Kentucky's requirements for CBD labels include the following:

• A CBD product label must not include medical or health claims stating that the product could cure or treat specific illnesses or diseases
• A CBD product label in Kentucky must comply with the FDAC (Food, Drug, and Cosmetic Act) Label requirements, including:
  • Statement of product net weight
  • An identity statement (name of the product)
  • Ingredients list clearly stating hemp and CBD
  • Manufacturer's, packer's, or distributor's name and address
• Scannable QR code or web address linked to a document displaying information such as product name, batch ID number, certificate of analysis, ingredients used, batch date, and product expiry date

Where to Buy CBD in Kentucky?

Kentucky residents can buy hemp-derived CBD products, including CBD oil, from several local stores, including spas, health food shops, wellness centers, and pharmacies, in their locality. However, before purchasing a CBD product, it is best to research online or ask around for stores with the best CBD products. While at the store, a consumer may also talk to any of the shop's employees, especially if shopping from a store that deals mainly in CBD products, to guide them.

It is also possible to shop for CBD products online in Kentucky for individuals considering convenience and access to varieties. However, before purchasing CBD products online, requesting vital details, including the ingredients used and the CBD quantity in that product, is advised. Also, buying CBD products online directly from the product brand instead of a third party is recommended.