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kentucky cbd oil law

Wondering what to take into consideration when choosing your CBD oil? First of all, the product should be 100% organic, certified as non-GMO industrial hemp, extracted with CO2, subject to third-party lab testing, and contain a broad spectrum of cannabinoids.

Since all hemp-derived products are legal in Kentucky, you can visit many physical CBD shops here.

Hemp CBD Oil in Kentucky

Buying CBD oil boils down to finding a trusted retailer. Once you determine why you need Cannabidiol and find the right company, purchasing a bottle of hemp-derived CBD oil is a piece of cake.

The 2018 Farm Bill permits the possession and sales of all hemp-derived CBD products unless the in-state law states otherwise. Fortunately, Kentucky has no state legislation to regulate hemp-based CBD oil. Thus, buying CBD oil in Kentucky isn’t illegal, as long as it’s hemp-derived.

Having a stop at Bowling Green? The city is full of nice vape shops and CBD retailers, which is why you shouldn’t miss the chance to visit one of them!

Non-psychoactive CBD was first legalized in Kentucky in 2014 for eligible patients under SB 124. The bill made no provision for the sale or production of CBD outside medical contexts. In 2017, hemp-derived CBD products with 0.3% THC or less became legal for all consumers in Kentucky.

Farmers participating in the program must use seeds provided by an educational institution with a DEA license and use varieties expected to be low in THC. Photo by: Gina Coleman/Weedmaps

What is CBD?

To date, researchers have identified a number of potential applications linked to CBD, including anti-inflammatory, analgesic, anti-anxiety, and anti-seizure properties. Further, the chemical has shown promise in treating numerous health conditions, including seizure disorders, mood disorders such as depression, anxiety, and psychosis, chronic pain, and many more.

The 2018 Farm Bill re-classified hemp as an agricultural commodity and made its cultivation federally legal. Further, the act removed some forms of cannabis from Schedule 1 status by creating a legal distinction between hemp and marijuana. Hemp is cannabis with less than 0.3% THC, and marijuana refers to cannabis with more than 0.3% THC. This distinction in federal law effectively legalized CBD that is derived from cannabis with less than 0.3% THC, as long as it has been cultivated according to federal and state regulations.

CBD derived from cannabis is illegal, even for medical patients. Possession of up to eight ounces of cannabis can lead to 45 days in prison and a $250 fine, while a subsequent offense of fewer than eight ounces may result in a felony charge, 1 to 5 years in prison, and a maximum $10,000 fine. Cannabis possession of more than eight ounces results in increased imprisonment.

Fast-forward to 2014. Kentucky reinstated hemp as one of its primary crops after the introduction of the 2014 Farm Bill. Since then, it has become one of the most successful pilot programs for robust industrial hemp.

New brands who want to know if is CBD legal in Kentucky or not should contact the Kentucky Department of Agriculture (KDA). This department is responsible for managing and overseeing the hemp program of Kentucky. It explains to new brands what they need to do to get new licenses to sell CBD products in Kentucky and some other states where CBD consumption isn’t illegal.

Why Didn’t Kentucky Legalize CBD For So Long?

According to the Kentucky Depart of Agriculture, anyone who cultivates, processes, or markets CBD products with more than 0.3% THC is in violation of the KRS Chapter 218A. This is a punishable offense and may land the person in jail.

After nearly 48 years later, the Kentucky government came up with the new 2018 Farm Bill. This bill reclassified hemp and CBD as one of the primary agricultural commodities. It also legalized the cultivation of hemp at a federal level, paving the way for the CBD market boom. The act even went on to remove some of the forms of cannabis that were included in Schedule 1 back then. This helped create a distinction between marijuana and hemp. While the latter is acceptable, the former is still under Schedule 1 in Kentucky because of its psychoactive effects.

The Kentucky Department of Agriculture tests each sample from licensed farmer’s hemp crop before approving them for use in different products. It is essential that the lab test results provide less than 0.3% THC content. The licensed processors and growers must keep their test results handy for a minimum of 3 years to prove they produce CBD legally.