Delta-8 and Hemp THC Laws in Kentucky

How Kentucky law treats delta-8 and hemp thc products, from the state code and official state agencies.

Short answer: Kentucky allows and regulates hemp-derived intoxicating cannabinoids such as delta-8, delta-10, THCA and THCV under a Cabinet for Health and Family Services regulation adopted after a 2023 law directed the cabinet to regulate delta-8 and other hemp-derived substances. 902 KAR 45:190; 2023 Ky. Acts ch. 78, sec. 1; KRS 217.039(6)

Delta-8 and hemp THC products	Kentucky allows and regulates hemp-derived intoxicating cannabinoids such as delta-8, delta-10, THCA and THCV under a Cabinet for Health and Family Services regulation adopted after a 2023 law directed the cabinet to regulate delta-8 and other hemp-derived substances. These 'adult-use' cannabinoid products must be registered with the cabinet, lab-tested by an accredited laboratory, labeled with a warning that the product is for adults 21 and older, kept secured in stores, and may not be sold, given or transferred to anyone under 21; products may not exceed 0.3% delta-9 THC on a dry weight basis. Under a 2025 law, after the Department of Alcoholic Beverage Control adopts regulations or July 1, 2026 (whichever is earlier), distribution and retail sale of cannabis-infused beverages are regulated solely by that department. 2023 act: https://apps.legislature.ky.gov/law/acts/23RS/documents/0078.pdf ; beverages: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55947 . The KAR page shows the regulation with amendment markup; the exact current wording should be confirmed. Source: 902 KAR 45:190; 2023 Ky. Acts ch. 78, sec. 1; KRS 217.039(6)

Delta-8 and hemp THC products

Kentucky allows and regulates hemp-derived intoxicating cannabinoids such as delta-8, delta-10, THCA and THCV under a Cabinet for Health and Family Services regulation adopted after a 2023 law directed the cabinet to regulate delta-8 and other hemp-derived substances. These 'adult-use' cannabinoid products must be registered with the cabinet, lab-tested by an accredited laboratory, labeled with a warning that the product is for adults 21 and older, kept secured in stores, and may not be sold, given or transferred to anyone under 21; products may not exceed 0.3% delta-9 THC on a dry weight basis. Under a 2025 law, after the Department of Alcoholic Beverage Control adopts regulations or July 1, 2026 (whichever is earlier), distribution and retail sale of cannabis-infused beverages are regulated solely by that department.

2023 act: https://apps.legislature.ky.gov/law/acts/23RS/documents/0078.pdf ; beverages: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55947 . The KAR page shows the regulation with amendment markup; the exact current wording should be confirmed.

Source: 902 KAR 45:190; 2023 Ky. Acts ch. 78, sec. 1; KRS 217.039(6)

More Kentucky criminal law

FAQ

Is delta-8 legal in Kentucky?

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.