What Are The State’S Specific Regulations Regarding The Cultivation Of Industrial Hemp in Kentucky?In Kentucky, the Department of Agriculture is responsible for overseeing the growth and cultivation of industrial hemp for research purposes. Industrial hemp may only be grown as part of a licensed research program, and it may not be sold or used for commercial purposes. Cultivation is limited to five acres of land or less, with no more than 10 acres per farm. The Department of Agriculture will issue licenses to those who intend to conduct research. In order to be eligible for a license, applicants must:
1. Be a resident of Kentucky;
2. Submit an application;
3. Pay an application fee;
4. Submit a detailed plan for the proposed cultivation;
5. Have access to an agricultural land or other suitable land;
6. Obtain and maintain liability insurance;
7. Obtain and maintain a certified seed certificate from the Kentucky Department of Agriculture;
8. Report all required information to the Department in a timely manner;
9. Comply with applicable rules and regulations; and
10. Notify the Department in writing before making any changes to the plan.
Are There Licensing Requirements For Hemp Growers And Processors in Kentucky?Yes, there are licensing requirements for hemp growers and processors in Kentucky. Hemp growers must obtain a license from the Kentucky Department of Agriculture to legally grow and cultivate hemp in the state. Hemp processors must obtain a license from the Kentucky Department of Alcoholic Beverage and Cannabis Control in order to legally process and handle hemp and hemp products in the state. Both licenses require applicants to submit a fee and provide information about their operations.
What Is The Legal Definition Of Industrial Hemp in Kentucky?In Kentucky, industrial hemp is defined in the Kentucky Revised Statutes as “those varieties of Cannabis sativa L. that contain a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”
Do State Regulations Allow For The Sale Of Hemp-Derived Cbd Products in Kentucky?Yes, the state of Kentucky has approved the sale of hemp-derived CBD products as long as they are derived from hemp grown in accordance with the 2014 US Farm Bill. The Kentucky Department of Agriculture’s Industrial Hemp Research Pilot Program and the Hemp Program have regulations in place for the sale of hemp-derived CBD products.
Are There Restrictions On The Types Of Cbd Products That Can Be Sold, Such As Edibles, Tinctures, Or Topicals in Kentucky?Yes, there are restrictions on the types of CBD products that can be sold in Kentucky. Edibles are not allowed, and tinctures and topicals must be labeled with the proper CBD concentrations. These products must also contain 0.3% or less THC. Additionally, the labeling must include the amount of CBD per serving, and the product must be tested by a third-party lab for purity and potency.
What Labeling And Testing Requirements Apply To Hemp-Derived Cbd Products in Kentucky?In Kentucky, hemp-derived CBD products must comply with the labeling and testing requirements set forth in House Bill 136. Labeling requirements include:
• A “certificate of analysis” which provides a detailed and accurate description of the hemp-derived CBD product;
• A label that clearly states the serving size, list of ingredients, the total amount of CBD per serving, and any potential allergens;
• An expiration date;
• A statement that the product is not approved by the FDA; and
• Warnings about potential side effects, including potential impairments.
Testing requirements include:
• All hemp-derived products must be tested for cannabinoid potency, as well as for heavy metals, microbial contaminants, and pesticides;
• The test results from a third-party laboratory must be provided in order to verify that the product meets or exceeds state and federal standards; and
• A copy of the lab results must be included with the product.
Do Regulations Differentiate Between Hemp-Derived Cbd And Marijuana-Derived Cbd in Kentucky?Yes, regulations in Kentucky differentiate between hemp-derived CBD and marijuana-derived CBD. The state requires that all hemp-derived CBD products contain less than 0.3 percent THC (the psychoactive compound found in marijuana) and be produced in accordance with Kentucky’s industrial hemp research program. Marijuana-derived CBD, on the other hand, is only legal for medical use and must be purchased from a licensed dispensary.
Are There Restrictions On The Advertising And Marketing Of Cbd Products in Kentucky?Yes, there are restrictions on the advertising and marketing of CBD products in Kentucky. All advertising and marketing materials must include accurate information about the CBD product, such as the amount of CBD it contains and any potential side effects. Additionally, all advertising and marketing materials must display the statement “These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.”
What Is The Legal Age For Purchasing And Consuming Hemp-Derived Cbd Products in Kentucky?The legal age for purchasing and consuming hemp-derivatives such as CBD products in Kentucky is 18.
Is It Legal To Sell Or Use Smokable Hemp Products in Kentucky?No, it is not legal to sell or use smokable hemp products in Kentucky. The state has not legalized the sale or consumption of smokable hemp products, and state law prohibits possession of such products.
What Are The Thc Concentration Limits For Hemp-Derived Cbd Products in Kentucky?There are no specific THC concentration limits for hemp-derived CBD products in Kentucky. All industrial hemp products must comply with the Hemp Pilot Program regulations set forth by the United States Department of Agriculture (USDA), which state that the THC concentration should not exceed 0.3% on a dry weight basis.
Are There Restrictions On The Sale Of Cbd-Infused Foods And Beverages in Kentucky?Yes, there are restrictions on the sale of CBD-infused foods and beverages in Kentucky. The Kentucky Department of Agriculture’s Industrial Hemp Program requires the industrial hemp processor to obtain a license in order to process and manufacture food or beverage products containing cannabidiol (CBD). Furthermore, the food or beverage product must comply with applicable food safety regulations and must be labeled with a statement that it is made with industrial hemp. Additionally, CBD-infused food and beverages may not contain any other compound from the Cannabis plant, apart from hemp-derived cannabinoids.
Do Regulations Permit The Sale Of Cbd Products In Dispensaries, Pharmacies, Or Retail Stores in Kentucky?No, regulations do not permit the sale of CBD products in dispensaries, pharmacies, or retail stores in Kentucky. Currently, CBD products can only be sold in licensed hemp stores in Kentucky.
Are There Any Limitations On The Sale Of Cbd Products Across State Lines in Kentucky?Yes, there are limitations on the sale of CBD products across state lines in Kentucky. According to Kentucky state law, only those with a valid license to produce, process, and sell hemp products are permitted to transport hemp and hemp-derived products across state lines. This means that CBD products from out-of-state companies may not be sold in Kentucky without a license from the state.
What Penalties Or Consequences Can Businesses Face For Non-Compliance With Hemp And Cbd Regulations in Kentucky?Businesses in Kentucky that fail to comply with the state’s hemp and CBD regulations can face a number of penalties or consequences. These can include criminal penalties, civil fines, and the seizure of products. Businesses found to be in violation of state hemp- and CBD-related laws can be charged with a Class A misdemeanor. This carries a potential prison sentence up to 12 months and/or a maximum fine of $500. Additionally, businesses can face civil penalties, such as the administrative forfeiture of products, as well as the suspension or revocation of business licenses.
How Does Our State Handle Cbd Testing, Quality Control, And Product Recalls in Kentucky?In Kentucky, the Kentucky Department of Agriculture has established a Hemp Program that regulates the testing, quality control, and product recalls related to CBD products. Under this program, hemp processors or cultivators must submit samples of their product to an approved third-party laboratory for testing. The laboratory is required to test for contaminants, potency, and cannabinoid profiles. The results from this testing must be reported to the Kentucky Department of Agriculture. If the test results do not meet the minimum standards established by the Department, then the product may be subject to a recall. The Department also conducts random inspections of hemp processors and cultivators to ensure they are following the established standards for quality control.
Do State Regulations Address The Issue Of Cbd As A Dietary Supplement Or Food Additive in Kentucky?No, the state of Kentucky does not currently have any regulations regarding the use of CBD as a dietary supplement or food additive. However, they do have regulations regarding the use of CBD in products such as topical creams and lotions. CBD products must meet the requirements set forth by the Kentucky Department of Agriculture. The FDA also has guidelines regarding the labeling and sale of CBD products.
Is There A System In Place For Reporting Adverse Effects Or Health Concerns Related To Cbd Products in Kentucky?Yes, Kentucky has an adverse event report system in place for reporting adverse effects and health concerns related to CBD products. The Kentucky Department of Public Health has published a form for consumers to report any adverse effects or health concerns due to using CBD products. There is also a telephone numbers for the Adverse Event Reporting Hotline – 800-232-6762 – and the Kentucky Poison Control Hotline – 800-222-1222.
Are There Specific Regulations For Labeling And Packaging Of Hemp-Derived Cbd Products in Kentucky?Yes, there are specific regulations for the labeling and packaging of hemp-derived CBD products in Kentucky. According to the Kentucky Department of Agriculture’s Industrial Hemp Program, hemp-derived CBD products must be labeled and packaged in accordance with the Kentucky Industrial Hemp Program Labeling and Packaging Guidance Document, which can be found on the department’s website. The document provides guidance on proper labeling and packaging requirements including usage instructions, warnings, ingredient lists, and more.
What Resources Are Available To Help Businesses And Consumers Understand And Comply With Hemp And Cbd Regulations in Kentucky?There are several resources available to help both businesses and consumers understand and comply with hemp and CBD regulations in Kentucky.
1. The Kentucky Department of Agriculture (KDA) provides guidance for businesses and consumers regarding the production, labeling, testing, transportation, and sale of hemp and hemp products in Kentucky. The KDA also has a Hemp Program informational page to help answer frequently asked questions.
2. The Kentucky Hemp Industries Association (KHIA) is a non-profit organization that advocates for the hemp industry in Kentucky. They provide information about hemp and CBD regulations in the state, as well as offer resources like informational webinars and seminars.
3. The U.S. Hemp Roundtable is an organization that works to protect the hemp industry at the federal level. They provide guidance on federal regulations related to hemp cultivation and production, as well as offer resources such as their Legal Guidance page on their website.
4. The Hemp Industries Association (HIA) is a trade association that works to promote and protect the hemp industry in the United States. They provide information on national hemp regulations and offer resources such as their Marketing & Advertising Guidelines page.
These organizations are great resources for businesses and consumers looking to understand and comply with hemp and CBD regulations in Kentucky.