US State

Cannabis and hemp laws

Kentucky

Medical sales began January 2025

Adult use
Illegal
Medical
Legal
Last reviewed
May 27, 2026

Kentucky

Cannabinoid status board

All states and compounds

Delta-10 THC

Restricted

Limits

Total THC ≤ 0.3% (dry weight) under post-decarboxylation formula. Flower banned at retail under 302 KAR 50:070. Delta-10 SKUs (vapes, gummies, tinctures) permitted if registered on CHFS Approved Product Registry. Age 21+ only. ISO 17025 batch testing required.

Key law

HB 544 (2023); 302 KAR 50:070; 902 KAR 45:190; KY CHFS Approved Hemp-Derived Cannabinoid Product Registry

Effective

August 1, 2023

Full rules

Delta-8 THC

Restricted

Limits

Total THC ≤ 0.3% (dry weight) under post-decarboxylation formula. Delta-8 flower banned at retail under 302 KAR 50:070. Non-flower delta-8 SKUs (vapes, gummies, tinctures, beverages) permitted if registered on CHFS Approved Product Registry. Age 21+ only. ISO 17025 batch testing required.

Key law

HB 544 (2023); 302 KAR 50:070; 902 KAR 45:190; KY CHFS Approved Hemp-Derived Cannabinoid Product Registry

Effective

August 1, 2023

Full rules

Delta-9 THC

Restricted

Limits

Hemp-derived delta-9: total THC ≤ 0.3% (dry weight) under post-decarboxylation formula. No per-serving mg cap in state rule. Flower banned at retail under 302 KAR 50:070. Edibles, vapes, tinctures, and beverages permitted if registered on CHFS Approved Product Registry. Age 21+ only.

Key law

HB 544 (2023); 302 KAR 50:070; 902 KAR 45:190; KY CHFS Approved Hemp-Derived Cannabinoid Product Registry

Effective

August 1, 2023

Full rules

HHC

Restricted

Limits

Total THC ≤ 0.3% (dry weight) under post-decarboxylation formula. Flower banned at retail under 302 KAR 50:070. HHC SKUs (vapes, gummies, tinctures, disposables) permitted if registered on CHFS Approved Product Registry. Age 21+ only. ISO 17025 batch testing required.

Key law

HB 544 (2023); 302 KAR 50:070; 902 KAR 45:190; KY CHFS Approved Hemp-Derived Cannabinoid Product Registry

Effective

August 1, 2023

Full rules

THCA

Restricted

Limits

Total THC ≤ 0.3% on dry-weight basis using post-decarboxylation formula. Raw hemp flower (including THCA flower) prohibited at retail under 302 KAR 50:070. Non-flower products (vapes, gummies, tinctures, beverages) permitted if registered on CHFS Approved Product Registry. Age 21+ only.

Key law

HB 544 (2023); 302 KAR 50:070; 902 KAR 45:190; KY CHFS Approved Hemp-Derived Cannabinoid Product Registry

Effective

August 1, 2023

Full rules

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Kentucky

Latest news and analysis

All news

Kentucky’s Medical Cannabis Go‑Live in 2025: Licensing, Patient Access, and Employer Policies

Kentucky's medical cannabis program launched January 1, 2025 under SB 47 and the Office of Medical Cannabis, with no home cultivation and defined conditions.

Kentucky’s New Three‑Tier System for THC Beverages: SB 202, Moratorium Risks, and How to Distribute in 2025‑2026

Kentucky SB 202, signed in early 2025, imposes a three-tier producer-distributor-retailer model on cannabis-infused beverages, barring vertical integration.

Kentucky’s Medical Cannabis Go‑Live in 2025: Licensing, Patient Access, and Employer Policies

Kentucky's medical cannabis program launched January 1, 2025 under SB 47 and the Office of Medical Cannabis, with no home cultivation and defined conditions.

Kentucky’s New Three‑Tier System for THC Beverages: SB 202, Moratorium Risks, and How to Distribute in 2025‑2026

Kentucky SB 202, signed in early 2025, imposes a three-tier producer-distributor-retailer model on cannabis-infused beverages, barring vertical integration.

FAQ

Common questions

Is marijuana legal in Kentucky?

Recreational marijuana is illegal in Kentucky. Medical marijuana is legal.

Is THCA legal in Kentucky?

Restricted. Raw hemp flower, including buds marketed as THCA flower, cannot be sold at Kentucky retail under 302 KAR 50:070.

Is delta-8 THC legal in Kentucky?

Restricted. Delta-8 THC in raw flower form cannot be sold at Kentucky retail under 302 KAR 50:070.

Is hemp-derived delta-9 THC legal in Kentucky?

Restricted. Hemp-derived delta-9 THC products may be sold in Kentucky to adults 21 and older when the finished product meets the state total-THC limit of 0.3 percent on a dry-weight basis using the post-decarboxylation formula, the specific SKU is registered on the CHFS Approved Hemp-Derived Cannabinoid Product Registry, and the product satisfies the packaging and ISO 17025 testing requirements of 902 KAR 45:190.

This is general information, not legal advice.

Seed Legality

KY's medical program (live since 2025) bans home grow; unlicensed viable seed — hemp or marijuana — is penalized as marijuana.
Hemp seeds
Restricted
Marijuana seeds
Illegal
Sale
Illegal
Transacting
Illegal
Gifting
Illegal

Kentucky's medical cannabis program under KRS ch. 218B, operational since January 1, 2025, licenses only commercial cultivators and prohibits patient home cultivation, so patients have no lawful reason to buy, possess, or gift viable marijuana seed and recreational marijuana remains criminal under KRS ch. 218A. In the hemp pioneer state, unprocessed viable hemp seed may be handled only by Kentucky Department of Agriculture licensees under KRS 260.850–260.869, and unlicensed possession of viable seed carries the same penalties as marijuana offenses.

Key law:
KRS ch. 218B; KRS 218A.010, 218A.1422; KRS 260.850–260.869
Last reviewed:
July 3, 2026
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This section is provided for informational purposes only and is not legal advice. Seed laws change frequently — verify current law with qualified counsel before making decisions.
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