Beautiful is Kentucky, the Kentucky Derby’s home, The Boy Scouts of America Scouting Museum, and the world’s longest cave – Mammoth Cave. And luckily for those who like CBD, it is now a state where one can obtain the elusive cannabinoid.
CBD oil is legal in the state of Kentucky under three conditions. First, the CBD is legal if recommended by a physician’s order. Second, CBD is legal in Kentucky if prescribed as a medication approved by the FDA. Lastly, CBD is legal if derived from legally grown hemp, as defined in KRS 260.850.
What Is CBD?
CBD is the short form of cannabidiol, a cannabinoid found in hemp and marijuana varieties of the cannabis plant. CBD is extracted from the flowers and foliage; the substance is used for various consumer and medical products.
How is Hemp Different From Marijuana?
First and foremost, from the perspective of federal law, marijuana is considered and highly controlled product, while hemp is an agricultural product.
This legal distinction also extends respectively to the derivatives of both products. The main reason for separate legal categorization is the difference in THC levels, a psychoactive substance, in each group of strains. Marijuana has more than 0.3% THC, while hemp has less than 0.3% THC. With the quantities of THC in marijuana, the plant becomes a drug-abuse hazard, while hemp remains relatively safe.
Aside from the differences in legal status, both the plant varieties have key visual differences. For instance, hemp is reminiscent of bamboo, as it grows in tall, skinny stalks. Other the other hand, marijuana grows wide across a horizontal area akin to a bush.
The plants also differ in the number of flowers and leave with marijuana outperforming hemp by multiples. With fewer flowers and leaves, hemp is still the preferred choice for CBD manufacturing among the producers catering to the general market.
Does Hemp or Marijuana Have More CBD Oil?
Aside from having more flowers and foliage, marijuana also has an abundance of resin. It leads marijuana to have a higher CBD output. Even so, marijuana is not particularly attractive for general-use CBD farming because the CBD that comes from marijuana has high enough THC levels to qualify for controlled-substance status.
On the other hand, hemp-derived CBD is more loosely regulated, and many states consider it a common commodity. Since hemp-derived CBD has a relatively broader market, CBD manufacturers are not stagnating on the natural levels of CBD yield. Constant innovation and strain-breeding are going on to improve CBD yields while keeping THC levels under 0.3%.
Strains of hemp bred to produce as much CBD as marijuana while staying within the federal limits of 0.3% THC would be the ideal crop for the future CBD production.
Why is CBD Sometimes Illegal In Different States?
CBD’s legal status differs from state to state because of how the substance got on and then, partially, off the controlled substances list.
- The CBD’s approval came in a strict medical capacity where the Food and Drug Administration considered it a controlled substance. Due to drug patent laws and how the FDA approvals work, many medical uses were made legal with prescription-based-sales. Since CBD was classified as a controlled substance, its source plants’ sale and unlicensed cultivation remained illegal.
- The reason CBD was only approved in a medical capacity had to do with THC. THC is a psychoactive compound found in cannabis and present in cannabis-derived CBD. Since THC can be abused to get high, and CBD contains THC, both were seen as the same. It, however, was not fair because not all CBD carries the same amount of THC. CBD comes from two types of cannabis plants: hemp and marijuana. Hemp has less than 0.3% THC, and it is impossible to get high with a 0.3% dost of THC. That is why with the 2018 United States Farm Bill, CBD-derived from hemp was made federally legal. Since CBD from marijuana and CBD from hemp are both called CBD and one is federally legal while the other is illegal, it sows the first seeds of confusion.
- Secondly, each state has the approval to derive its conclusions regarding hemp-derived products, including CBD. It results in the legal status of hemp-derived CBD being debatable from state to state.
Is CBD Legal In Kentucky?
CBD oil, which is a cannabinoid named cannabidiol, is found in the cannabis plant. It includes both the marijuana and industrial hemp varieties.
In the state of Kentucky, CBD oil is legal under a few particular conditions.
- The CBD oil comes from legally grown industrial hemp containing no more than 0.3% THC by dry weight.
- A physician prescribes CBD oil for the treatment of a condition approved for treatment using the cannabinoid.
- CBD oil is legal if the FDA approves it as a specific treatment.
Is CBD Derived From Cannabis Legal in Kentucky?
All CBD comes from cannabis. Cannabis may have different forms, such as marijuana and industrial hemp, as recognized by the 2018 Farm Bill.
CBD derived from marijuana is only legal with a doctor’s prescription in the state of Kentucky.
Is Hemp-Derived CBD Legal in Kentucky?
All hemp-derived products are legal in the state of Kentucky that do not contain raw plants.
The Legality of Different CBD Products
|What is a CBD flower?||CBD flower is a term often given to the flower of the Cannabis Sativa plant. Remarkably, this term is used for strains containing a high amount of cannabidiol.|
|Is CBD flower legal in Kentucky?||The unprocessed cannabis plant is only legal to those licensed to possess it in the state of Kentucky.|
|Can CBD flowers be purchased online?||CBD flower is not a legal consumer product. Therefore, it cannot be purchased online.|
|What are CBD terpenes?||CBD terpenes are aromatic compounds found within the cannabis plant used to derive CBD oil.|
|Are CBD terpenes legal in Kentucky?||Terpenes are concentrated compounds created from plants. The terpenes derived from industrial hemp are legal in the state of Kentucky.|
|Can CBD terpenes be purchased online?||Only the terpenes sourced from CBD containing no more than 0.3% THC are legal and available for online purchasing in Kentucky.|
|What is CBD wax?||CBD wax is a concentrated form of CBD oil, in a waxy, semi-solid form.|
|Is CBD wax legal in Kentucky?||CBD wax is a concentrated form of the oil that is hard like a wax. This concentration is legal in the state of Kentucky as long as it comes from industrial hemp.|
|Can CBD wax be purchased online?||CBD wax derived from hemp with THC levels not exceeding 0.3% can be bought online in the state of Kentucky.|
|What are CBD gummies?||CBD gummies are gummies infused with cannabidiol|
|Are CBD gummies legal in Kentucky?||CBD gummies, edibles infused with cannabidiol, are legal in the state of Kentucky if derived from industrial hemp.|
|Can CBD gummies be purchased online?||Only gummies infused with hemp-derived CBD can be legally bought online in Kentucky.|
|What are CBD creams?||CBD creams and topicals are skincare products used externally, such as moisturizers or conditioners.|
|Are CBD creams legal in Kentucky?||CBD creams that come from legally grown industrial hemp are legal in the state of Kentucky.|
|Can CBD creams be purchased online?||Creams containing CBD sourced from industrial hemp are available online for customers in Kentucky.|
|What is CBD liquid?||CBD liquid is a unique form of CBD oil intended for vapor inhalation (vaping).|
|Are CBD liquid, e-liquid, and vape legal in Kentucky?||CBD liquid is legal in the state of Kentucky if derived from industrial hemp. However, age restrictions will likely apply due to product sale location typically being smoke shops.|
|Can CBD liquid, e-liquid, and vape be purchased online?||Online smoke shops offer CBD smoking liquids with THC levels not exceeding 0.3%|
|What is a CBD tincture?||A CBD tincture is a concentrated solution made by soaking plant materials in alcohol or vinegar-based solutions.|
|Is CBD tincture legal in Kentucky?||A tincture is a concentration made by soaking plant materials in an alcohol or vinegar-based solution. CBD tinctures derived from industrial cannabis are legal in the state of Kentucky.|
|Can CBD tincture be purchased online?||CBD tinctures can be bought online as long as they originate from hemp.|
|What is THC oil?||THC or delta-9-tetrahydrocannabinol is a cannabinoid found in marijuana responsible for the elated feelings of ‘high’ felt by its users.|
|Is THC oil legal in Kentucky?||THC is another cannabinoid of the cannabis plant. THC is also known as delta-9-tetrahydrocannabinol. It is the cannabinoid primarily responsible for the feelings of ‘high’ that a person feels after using marijuana. THC is illegal in the state of Kentucky.|
|Can THC oil be purchased online?||THC oil cannot be legally bought online in Kentucky.|
Age Requirements For CBD in Kentucky
Do You Have To Be 18 To Buy CBD Oil In Kentucky?
There is no age restriction on the purchase of cannabidiol oil in the state of Kentucky as long as it comes from legally grown industrial hemp.
Otherwise, a qualified physician must recommend the CBD oil, but there is no age restriction upon it.
How Old Do You Have To Be To Buy CBD Oil In Kentucky?
You can buy hemp-derived CBD oil at any age in Kentucky.
Do You Have To Be 18 To Use CBD Oil In Kentucky?
No, you do not have to buy hemp-derived CBD oil with less than 0.3% THC.
Can A Minor Use CBD In Kentucky? How Old Do You Have To Be?
As there is no age restriction on CBD in Kentucky, minors may use CBD oil.
Do You Need A Prescription Or Medical Card For CBD Oil In Kentucky?
A medical card is only required in Kentucky if the CBD oil doesn’t come from industrial hemp.
Can You Get CBD Oil Without Having A Medical Card In Kentucky?
CBD oil is easily obtainable in Kentucky without a medical card derived from industrial hemp. If derived from marijuana, a medical prescription will be required.
Can You Order CBD Oil Online Legally In Kentucky?
CBD oil derived from industrial hemp is readily available both online and in physical stores.
State CBD Possession Limits
The possession of any quantity of CBD derived from industrial hemp is legal in Kentucky.
MMJ Cards In Kentucky
Medical Marijuana Card Requirements In Kentucky
Currently, Kentucky does not have a medical marijuana program in place. Physicians can prescribe CBD with levels of THC exceeding 0.3% for a range of conditions they see fit.
How To Apply To The MCP (Medical Cannabis Program)
One cannot apply to the program currently since there is no medical marijuana registry in the state.
How Long Does It Take To Get A Medical Marijuana Id Card In Kentucky?
It might take some time for the medical marijuana program to get the necessary approvals and be available to the public. For now, one cannot get a medical marijuana program in the state.
How Much Does It Cost To Apply For The MCP In Kentucky?
The applicable fee will be announced after the program becomes legal and has launched.
Where To Buy CBD In Kentucky
Where To Buy / How To Obtain <.3 THC In Kentucky
CBD derived from hemp with less than 0.3% THC can be bought at smoke shops, specialty outlets, retail avenues, and health food stores.
Where To Buy / How To Obtain >.3 THC In Kentucky
One can order CBD with higher levels of THC, with a prescription, from adequately licensed drugstores.
Where Is CBD Sold In Kentucky?
CBD found its way into health food stores, pharmacies such as CVS, specialty CBD shops, and even convenience stores. The explosion of CBD products derived from legal hemp has exploded across the United States, and Kentucky is no exception. Even Walgreens is carrying some CBD products such as creams and topicals.
Are There Any CBD Retailers In Kentucky?
Several CBD specialty shops have opened in the state of Kentucky. Shops such as the Bluegrass Hemp Oil store in Lexington, the CBD Kentucky American Shaman shop, Lexington, and the Your CBD Store in Ashland are all reputable CBD stores located within the state.
Where Can I Find CBD Water?
CBD water, a sparkling beverage infused with cannabidiol, can be both refreshing and highly sought after. For this reason, it can sometimes be challenging to find.
Luckily if you live in Kentucky, it is available at several stores and even online at the CBD Kentucky American Shaman store.
Where Can I Buy Medical Grade CBD In Kentucky?
Medical grade CBD is only available at licensed dispensaries within the state of Kentucky.
How To Read CBD Product Labels & Packaging
To make sure the CBD products you intend to purchase are legally valid and are of high quality, look for the following product packaging or labels.
Expiry Date – It is self-evident that products meant for human consumption must carry a ‘use by ‘ date. However, CBD products manufactured by unethical producers will often omit this to extend their low-quality products’ shelf life.
Product Batch Number – You should look for the product batch number on the CBD product package because it shows that the manufacturer can recall faulty batches. And if a producer with the ability to recall problematic batches has not recalled a batch, it must mean the product does not have overt issues.
Lab Testing Certification – Lab-testing certificates speak that CBD products are relatively safe, and a thorough test is required. You should look for a URL or a QR code on the package to take you to a digital copy of the lab-testing certificate.
Batch Information Link – This is a link hosted on the manufacturer’s server and provides exposition regarding the batch and product.
A THC Quantity Statement – Always make sure the THC quantity statement is legible and discloses the quantity of THC to be no more than 0.3% and hemp to be the source of CBD.
Hemp Extract Quantity – For hemp-based products, the hemp extract quantity lists, in milligrams, the amount of hemp extract in the product.
How To Identify Quality CBD Oil
One must be cautious when buying CBD products online as many scammers swarm the market looking to prey on new consumers. Make sure the FDA approves the product you intend to purchase. It ensures legality on a federal level. Cross-reference this with your state laws too.
You should also look for product labels in the photos; they should be legible enough to see the THC levels listed as no more than 0.3%.
Also, make sure that CBD’s source is hemp (but this might be redundant if the product has FDA approval).
Last but not least, you should look at reviews across multiple forums, sites, and social media and come to your conclusion as to whether the product has the right quality or not. As a rule of thumb, avoid any product with more than 10% negative reviews or any indication of fake positive reviews. And when you find a manufacturer you trust, always buy from them.
Shipping, Mailing, & Travelling With CBD
Can You Mail CBD Products To Kentucky?
Mailing products to and from Kentucky is legal if the CBD products meet federal and state regulations. The CBD product must come from legally grown industrial hemp containing no more than 0.3% THC by dry weight.
Can You Ship CBD Products From Kentucky?
Shipping CBD products from Kentucky have the same rules and regulations, as mentioned above, regarding mailing CBD products. Carriers who will transport CBD products include FedEx, UPS, and Purolator.
How Would You Ship CBD Oil, Cream, or Flowers?
CBD products such as oil and cream, easily and quickly shipped as any standard oil or cream. However, the flowers are not legal to possess or ship unless the Kentucky Department of Agriculture licenses one.
Can You Ship CBD Products Internationally? From Canada? To Canada?
Shipping CBD internationally is legal in two conditions. First, the product must be legal to ship from your state. Second, the destination must also allow the product. Always check with the destination rules before sending any cannabis products of any kind.
Can You Travel With CBD Oil?
You can travel to and from Kentucky with CBD derived from hemp. For traveling out of state, one must confirm whether the product is legal in both places. Moreover, it is prudent to check whether the plane would allow CBD oil on board or if their liquids-on-board policy is likely to prevent it. If traveling by road, make sure CBD is legal to possess in a vehicle in all the states you will cross during your travels.
Is Marijuana Legal In Kentucky?
Marijuana is illegal in the state of Kentucky. However, in an attempt to push legal, medical marijuana is being made.
Is Kentucky Recreational?
No, Kentucky does not allow the recreational use of marijuana.
Do You Have To Be 18 To Buy Marijuana In Kentucky?
Buying marijuana is illegal at all ages in Kentucky.
How Old Do You Have To Be To Buy Medical Marijuana?
One can receive medical CBD at any age, but the medical use of marijuana is not acknowledged in the state, making all use of marijuana illegal.
How Old Do You Have To Be To Use Marijuana In Kentucky?
Marijuana is illegal to use, even for medical purposes, at any age.
Can You Buy Edibles Online Legally In Kentucky?
It is advisable not to order marijuana edibles online. However, edible products containing CBD oil derived from industrial hemp are legal and available in the state of Kentucky.
Is Hemp Legal In Kentucky?
Hemp is legal in the state of Kentucky. The raw plant may only be handled by those who are licensed. The processed products made from hemp are legal.
What Are Kentucky’s Hemp Laws?
Kentucky’s hemp laws have been bouncing around for some time. The state was one of the first to produce hemp, dating back to the late seventeen hundreds.
In 2014, the Agricultural Act came forth and paved the way for industrial hemp production.
Hemp’s legal status is summed up in Kentucky 40 KRS 218A.010.
Can You Buy Hemp Wraps At 18 In Kentucky?
18-year-olds can purchase hemp wraps in Kentucky.
Producing, Growing, Selling Hemp & CBD Oil
Is It Legal To Grow Hemp In Kentucky?
The state of Kentucky has a program for those interested in growing industrial hemp. The application process begins at the Kentucky Department of Agriculture. Licensing is required to grow hemp in the state.
How Much Is A Hemp Growing License In Kentucky?
A paper application to the Kentucky Department of Agriculture’s Hemp Growing Program is $200.
Can You Get Legal CBD Seeds In Kentucky?
Only sterilized or crushed cannabis seed is available in the state of Kentucky. Industrial hemp seed is available to those licensed to handle, cultivate, or process the raw plant.
Is It Legal To Grow CBD Plants? What’s The Difference?
CBD is a cannabinoid found in the cannabis plant. There are many cannabinoids, including THC. Although there are plants that contain higher amounts of CBD, there are no ‘CBD plants.’ CBD comes from the cannabis plant. As such, cannabis is only legal via a license, and only the industrial hemp variety is allowed with the license.
Do You Need A License To Sell Hemp In Kentucky?
One needs a license to grow, process, or sell/market hemp. These processes are administered by the Kentucky Department of Agriculture (KDA).
Do You Need A License To Sell CBD Oil In Kentucky?
Since hemp processing is a licensed activity, one cannot manufacture CBD products without a license. However, prepackaged and preapproved, CBD products can be sold as a commodity.
Can You Sell CBD Oil Online?
Selling CBD oil online in Kentucky is legal if the oil comes from legally grown industrial hemp. Marketing hemp requires a license from the KDA. If the CBD oil comes from legally grown marijuana, a special license will be required to handle and sell the product online in Kentucky.
Disclaimer: None of the information in this article should be construed as health or legal advice. We always recommend following the professional opinion of your physician or attorney and researching your own state’s laws for all of your purchases. Information current as of September 2020.