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Is it legal here, on this date?
Kentucky · CBD (≤0.4 mg THC per container) · on Oct 10, 2026
Legal at general retail
- In short
- Products at 2.5 mg or less of adult-use cannabinoids per serving with a 15:1 or greater ratio may be sold to the general public, including people under 21, by any retailer. A business selling only these non-intoxicating products does not register with CHFS, but each product must be CHFS-registered. Note: this state tier can exceed the federal 0.4 mg per container class.
- Channel
- Any store
- Potency caps
- General-public tier 2.5 mg per serving at 15:1 or greater
- Minimum age
- —
- Retailer licence
- Not required
- Shipping into the state
- Unclear
- Effective
- Feb 5, 2025
- Next scheduled change
- None scheduled in the sources checked
- Pending
- 2026 HB 9 and SB 223: the legislature's bill pages (read Oct 8, 2026) give as last actions floor amendments filed Apr 14, 2026 (HB 9) and sent to the Committee on Committees Mar 20, 2026 (SB 223). 804 KAR 4:400 (ABC licence application forms) was filed 'Not Amended After Comments' and is on the regulation review subcommittee's tentative agenda for Oct 13, 2026. A search of the Sep and Oct 2026 Administrative Registers on Oct 8, 2026 found no amendment to 902 KAR 45:001, 45:012 or 45:021.
- Statute / rule
- 902 KAR 45:012, 45:021 · CHFS Hemp-Derived Cannabinoid Products page
- Checked
- Verified Oct 8, 2026
Federal overlay · applies from Dec 11, 2026
Federal: stays hemp after Dec 11
Products at or under 0.4 mg total THC per container with only naturally occurring cannabinoids remain hemp under the new definition. State rules still apply.
General information from public sources with the statute and the check date on every row — not legal advice. Grey means not yet confirmed.
Sources
- P.L. 119-37, Div. B §781 (signed Nov 12, 2025) — the hemp redefinition — checked Oct 8, 2026
- H.R. 6500 enrolled = P.L. 119-103, Div. B §2019 (signed Sep 2, 2026) — the Dec 11 delay — checked Oct 8, 2026
- OMB letter to Speaker Johnson (Jun 24, 2026) asking for 'at minimum, an extension' of §781 — checked Oct 8, 2026
- 21 U.S.C. § 843(c)(2) — internet advertising of controlled substances (United States Code, 2023 Edition) — checked Oct 8, 2026
Frequently asked questions
›Does 'not yet verified' mean banned?
No. A grey lamp means we have not checked that state and product class against a primary source yet. It is on the verification queue. Verified rows show the statute and the day we checked.
›Does the checker decide whether my product is legal?
No. It shows the state row for a product class: the lamp, the channel, the caps and the statute. Compare your label or certificate of analysis with the caps yourself. The status lamp comes from the rules row only.
›What is a 'licensed channel only' lamp?
The product class may be sold in that state, but only through a licensed channel — a licensed hemp retailer, a liquor or package store, or a marijuana dispensary — often with caps and an age limit. The row names the channel and the statute.