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View all Cannabis and cannabinoids in Kentucky
News analysis
Global business and regulatory news covering the cannabis industry
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Daily news alerts
Daily regulatory updates of legal changes in the cannabis sector, including monthly compilations
13th November 2023
US - Kentucky: The General Assembly’s Administrative Regulations Review Subcommittee has approved an emergency rule to regulate hemp-derived cannabinoid products, press reports. The emergency rule was necessary to implement House Bill (HB) 544, which was passed earlier this year. Pursuant to HB 544, the emergency rule divides hemp cannabinoids into two distinct categories – adult-use and non-intoxicating – and places different requirements and restrictions on them. The emergency rule will be in effect until 27th April 2024, at which point a final rule must be approved.3rd April 2023
- US - Kentucky: Senate Bill (SB) 47 has been signed by the governor and enacted into law. SB 47 legalises using and possessing cannabis to treat people with certain medical conditions such as cancer, severe pain, epilepsy, multiple sclerosis, muscle spasms or spasticity, chronic nausea or cyclical vomiting, PTSD or any other medical condition or disease which the Kentucky Center for Cannabis deems appropriate. The bill establishes a medical cannabis access programme for qualified patients with authorisation from their physician, and exempts medical cannabis from state sales and excise taxes, though it specifies that smoking and home cultivation would remain prohibited.
31st March 2023
- US - Kentucky: Senate Bill (SB) 47 has passed the House and now heads to the governor’s desk. SB 47 would legalise using and possessing cannabis to treat people with certain medical conditions such as cancer, severe pain, epilepsy, multiple sclerosis, muscle spasms or spasticity, chronic nausea or cyclical vomiting, PTSD or any other medical condition or disease which the Kentucky Center for Cannabis deems appropriate. The bill would establish a medical cannabis access programme for qualified patients with authorisation from their physician and exempt medical cannabis from the state sales and excise taxes, though it specifies that smoking and home cultivation would remain prohibited.
24th March 2023
- US - Kentucky: House Bill (HB) 544 has been signed by the governor and enacted into law. HB 544 will set guidelines for the regulation of hemp-derived delta-8 THC products, including banning the sale and possession of delta-8 products to anyone younger than 21. The bill would also require new selling, labelling and testing requirements, and would direct the state Cabinet for Health and Family Services to establish administrative regulations for the production and sale of delta-8 products by 1st August 2023.
21st March 2023
US - Kentucky: House Bill 544 has been delivered to the governor for approval after being passed by the Senate. It would set guidelines for the regulation of hemp-derived delta-8 THC products, including banning their sale of delta-8 to under-21s. It also set new retail, labelling and testing requirements, and would direct the state Cabinet for Health and Family Services to establish administrative regulations for the production and sale of delta-8 products by 1st August.
20th March 2023
- US - Kentucky: Senate Bill (SB) 47 has passed the Senate and now heads to the House. SB 47 would establish a medical cannabis programme for qualified patients with authorisation from their physician, specifying that smoking and home cultivation would remain prohibited. The bill would legalise the use and possession of medical cannabis to treat people with certain medical conditions such as cancer, severe pain, epilepsy, multiple sclerosis, muscle spasms or spasticity, chronic nausea or cyclical vomiting, PTSD or any other medical condition or disease which the Kentucky Center for Cannabis deems appropriate.
10th March 2023
- US - Kentucky: House Bill (HB) 544 has passed the House and now moves to the Senate. HB 544 would set guidelines for the regulation of hemp-derived delta-8 THC products, including banning the sale of delta-8 products to anyone younger than 21. The bill would also require new selling, labelling and testing requirements, and would direct the state Cabinet for Health and Family Services to establish administrative regulations for the production and sale of delta-8 products by 1st August 2023.
16th November 2022
US - Kentucky: Governor Andy Beshear has issued two executive orders, one which allows for the possession of cannabis for medical purposes under certain conditions and another which regulates hemp-derived delta-8 THC products. The medical cannabis order grants pardons to anyone possessing cannabis after 1st January 2023 who demonstrates that a doctor has recommended it for a specified condition and that it was obtained legally in another state, among other conditions. The delta-8 THC order makes clear that “Delta-8 is not a controlled substance under either Kentucky law or federal law”, and applies the requirements of 902 KAR 45:190, which includes packaging and labelling requirements for hemp-derived products, to delta-8 products.
14th October 2022
- US - Kentucky: Governor Andy Beshear announced that he is undertaking a review of convictions for possession of cannabis in Kentucky in light of president Joe Biden's call last week for governors to consider pardons for possession offences, press reports. “Let me be clear, I agree that no one should be in jail simply because of possession of marijuana,” Beshear said. He is encouraging people with cannabis possession convictions in Kentucky to apply for a pardon through the governor's website while the review takes place.
8th August 2022
US - Kentucky: A circuit court has entered a permanent injunction against the Kentucky State Police barring them from taking enforcement action against manufacturers and retailers of delta-8 THC products. The court ruled that delta-8 THC is legal under state law as a derivative of hemp and rejected arguments that it is an analogue of delta-9 THC. However, it dismissed a separate part of the lawsuit against the Kentucky Department of Agriculture (KDA) because it found that none of the plaintiffs were licensed by the KDA and intended to produce delta-8 products. The ruling means that delta-8 products can legally be sold in Kentucky, though the issue of whether the KDA can take enforcement action against hemp licensees who produce such products is unsettled.
21st June 2022
US - Kentucky: An advisory board on medical cannabis set up by governor Andy Beshear met for the first time yesterday, local media reports. The board plans to hold town hall meetings across the state to gather input and provide feedback on the issue for the governor’s office.
Regulatory reports
Comprehensive legal reports outlining how the sector is regulated, interpretation of the laws and relevant bodies
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