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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.
