While hemp has been legal in Kentucky since 2013, until this year the existing regulations were minimal. Hemp industry participants, such as processors, manufacturers, distributors, retailers, and testing labs should be aware that there is a new regulatory scheme aimed at both “Adult Use” products (e.g., hemp-derived delta-8 tetrahydrocannabinol (“THC”) and hemp-derived delta-9 THC products) and non-intoxicating hemp-derived products. These requirements, which include entity and product registration requirements, are now necessary for the legal sale of such products in the Commonwealth.

On March 23, 2023, Governor Andy Beshear signed HB 544 an act relating to the regulation of hemp-derived products directing the Cabinet for Health and Family Services to regulate delta-8 THC and other hemp-derived cannabinoids. On August 1, 2023, the Cabinet initiated that process by promulgating emergency administrative regulations governing the manufacturing, processing, distribution, and sale of hemp-derived cannabinoid products (902 KAR 45:190E). These regulations were subsequently amended on October 13, 2023. The amended emergency regulations are now effective and will remain in effect while the Cabinet prepares replacement emergency regulations and proposed final regulations. It is anticipated that the Cabinet will issue the emergency regulations and proposed final regulations before Saturday, April 27, 2024, which is when the current emergency regulations expire. After the new emergency regulations and proposed final regulations are published, there will be a public comment period for each before the final regulations go into effect.

Continue reading the full article at The Cannabis Executive.