Hemp Laws & Licensing · KY
Kentucky hemp laws & licensing
At a glance
- Retail license / registration required?
- Yes — CHFS Cannabinoid Business Registry (adult-use retail permit, processor/manufacturer/distributor/warehouse registration)
- Minimum age
- 21+
- State THC caps (hemp products)
- No state cap stated
- Hemp-derived THC products · online sales
- Legal (with the state's rules) · online: Allowed
- Key law
- KY HB 544 (2023) & 902 KAR 45:190; SB 202 (2025) for cannabis-infused beverages — effective October 13, 2023
The law today
Kentucky allows hemp-derived cannabinoid products, including intoxicating ones, under CHFS regulation (KRS 217.039; HB 544 of 2023; 902 KAR 45): every product must be registered with CHFS and batch-tested by an ISO 17025 lab, and any retailer selling adult-use (intoxicating) products needs a $2,000 annual CHFS permit per location, must keep products secured and sell only to customers 21+ with ID, while sellers of only non-intoxicating products (no more than 2.5 mg THC per serving with a 15:1 non-intoxicating-to-intoxicating ratio) are exempt from the business permit but not product registration.
Whole hemp buds/ground flower may not be sold at retail, food-service businesses may only sell prepackaged registered products, and out-of-state companies shipping to Kentucky consumers need a wholesaler/distributor permit. SB 202 (effective March 25, 2025) capped cannabis-infused beverages at 5 mg intoxicating cannabinoids per 12 oz serving and moved their distribution and retail to the Department of Alcoholic Beverage Control (package sales at licensed liquor retailers in wet territories, 21+); 2026 bills to add a hemp excise tax or further restructure the program (HB 9, HB 896, SB 223) did not pass.
Who regulates it
Registers/permits processors, manufacturers, distributors and adult-use retailers; product registry; testing, labeling and packaging rules (902 KAR 45:001-45:190)
Kentucky Department of Agriculture – Hemp Licensing Programkyagr.com (opens in a new tab)
Licenses hemp growers and processors/handlers (KRS 260.850-260.869; 302 KAR 50)
Kentucky Department of Alcoholic Beverage Controlabc.ky.gov (opens in a new tab)
Licenses distribution and retail package sale of cannabis-infused (hemp-derived THC) beverages under SB 202 (2025)
Licenses & registrations
- Who needs it
- Each retail location selling adult-use (intoxicating) hemp-derived cannabinoid products; processors, manufacturers, distributors and warehouses; out-of-state sellers shipping cannabinoid products to Kentucky consumers need a wholesaler/distributor permit
- Fee
- $2,000 annual permit per adult-use retail establishment; $250 temporary event registration (902 KAR 45:012)
- Who needs it
- Manufacturers/processors (in- or out-of-state) for every product sold at retail in Kentucky; non-refundable fee, decisions within ~90 days
- Fee
- Not stated on the official page
- Who needs it
- Hemp growers and processors/handlers
- Fee
- Grower $400 per growing address/yr; handler, fiber or grain processor $500/yr; floral-material processor $3,000/yr (KDA fee schedule)
- Who needs it
- Businesses manufacturing, distributing or selling hemp-derived THC beverages (package sales only in wet territories)
- Fee
- Not stated on the official page
The law
- KRS 217.039 – Ingestible/cosmetic cannabidiol and hemp-derived cannabinoid products; cannabis-infused beveragesapps.legislature.ky.gov (opens in a new tab)
- HB 544 (2023 RS, Acts ch. 78) – regulation of hemp-derived productsapps.legislature.ky.gov (opens in a new tab)
- SB 202 (2025 RS, Acts ch. 82) – cannabis-infused beverages, 5 mg per 12 oz serving, ABC licensingapps.legislature.ky.gov (opens in a new tab)
- 902 KAR 45:012 – Hemp-derived cannabinoid product retail and food service requirements (eff. 2/5/2025)apps.legislature.ky.gov (opens in a new tab)
- 902 KAR 45:190 – Packaging and labeling requirementsapps.legislature.ky.gov (opens in a new tab)
- 302 KAR 50:060 – KDA hemp licensing feesapps.legislature.ky.gov (opens in a new tab)
Testing & COAs
Need a lab? COA analysis partners
Steps to a compliant hemp business in Kentucky
- 1
Register the business with the Kentucky Secretary of State and obtain a sales/use tax account
- 2
Growers/processors: apply for a KDA hemp grower ($400/address) or processor/handler license ($500; $3,000 for floral material) and complete the required orientation
- 3
Manufacturers: obtain CHFS food or cosmetic manufacturer permitting, register the facility in the Cannabinoid Business Registry, and register every product in the CHFS product registry with ISO 17025 batch COAs
- 4
Retailers of adult-use (intoxicating) products: register each location with CHFS and pay the $2,000 annual permit; sell only registered products, secure them from under-21 access, verify age, and label shipped items 'Adult-use only'
- 5
Online/out-of-state sellers shipping to Kentucky: obtain a Kentucky hemp cannabinoid wholesaler/distributor permit before shipping
- 6
THC beverages: cap at 5 mg per 12 oz serving and obtain the applicable ABC cannabis-infused beverage license (manufacturer, distributor or retail package) via the ABC portal
- 7
Follow 902 KAR 45:190 packaging/labeling (child-resistant, no cartoon/candy imagery) and report adverse reactions to CHFS within 24 hours
On Good Hemp Distro
Recreational (21+) market in Kentucky
Open on GHDThe Recreational (21+) market is open on Good Hemp Distro for shoppers in this state (21+ only · vendor state permit required).
Live status — it changes as state rules are verified and as the federal cutoff approaches. Everyday Hemp, Industrial and Services products are available everywhere.
Sources & verification
- Verified
- September 29, 2026 — every official link above was fetched and checked on that date.
- Confidence
- High confidence — Official pages verified; law summarised from primary sources.
- Research notes
- CHFS registry links are REDCap survey forms hosted on chfs.ky.gov (official). The $2,000 retail permit fee is from 902 KAR 45:012 as published by LRC/Cornell LII; establishments registered before the fee took effect had it waived until their next renewal. ABC's SB 202 FAQ PDF URL changed; the current FAQ is at https://abc.ky.gov/Documents/Cannabis%20Infused%20Beverages%20FAQ%20tm.pdf. KRS 217.039 is the operative statute (Chapter 217 index lists no separate 'hemp-derived' section).
- Good Hemp Distro market notes
- Retailers must register with CHFS and sell only products on the CHFS approved-product registry; adult-use products may be shipped to consumers 21+ in packages marked 'Adult-use only'. Flower/smokables banned at retail; beverages moved to the ABC three-tier system (SB 202). (Recreational (21+) state dataset, version 2026-09-28)
Cited sources
- 902 KAR 45:190 – Hemp-derived cannabinoid products; packaging and labeling requirements (Kentucky LRC)apps.legislature.ky.gov (opens in a new tab) · 2023-10-13
“Retailers may deliver or ship adult-use hemp-derived cannabinoid products to consumers over twenty-one (21) years of age in packages clearly marked 'Adult-use only'; only non-intoxicating products may be sold to persons under 21.”
Kentucky hemp law FAQ
Short answers drawn from the official Kentucky sources above (verified September 29, 2026). Not legal advice.
- Do I need a license to sell hemp products in Kentucky?
- Yes. Official link: CHFS Cannabinoid Business Registry (adult-use retail permit, processor/manufacturer/distributor/warehouse registration) (redcap.chfs.ky.gov) — fee: $2,000 annual permit per adult-use retail establishment; $250 temporary event registration (902 KAR 45:012). Growers license separately through the state hemp program or USDA.
- Who regulates hemp in Kentucky?
- Kentucky Cabinet for Health and Family Services – Food Safety Branch (Hemp-Derived Cannabinoid Products) — Registers/permits processors, manufacturers, distributors and adult-use retailers; product registry; testing, labeling and packaging rules (902 KAR 45:001-45:190). Kentucky Department of Agriculture – Hemp Licensing Program — Licenses hemp growers and processors/handlers (KRS 260.850-260.869; 302 KAR 50). Kentucky Department of Alcoholic Beverage Control — Licenses distribution and retail package sale of cannabis-infused (hemp-derived THC) beverages under SB 202 (2025).
- What are Kentucky's hemp laws in 2026?
- Kentucky allows hemp-derived cannabinoid products, including intoxicating ones, under CHFS regulation (KRS 217.039; HB 544 of 2023; 902 KAR 45): every product must be registered with CHFS and batch-tested by an ISO 17025 lab, and any retailer selling adult-use (intoxicating) products needs a $2,000 annual CHFS permit per location, must keep products secured and sell only to customers 21+ with ID, while sellers of only non-intoxicating products (no more than 2.5 mg THC per serving with a 15:1 non-intoxicating-to-intoxicating ratio) are exempt from the business permit but not product registration. Whole hemp buds/ground flower may not be sold at retail, food-service businesses may only sell prepackaged registered products, and out-of-state companies shipping to Kentucky consumers need a wholesaler/distributor permit. Key law: KY HB 544 (2023) & 902 KAR 45:190; SB 202 (2025) for cannabis-infused beverages (effective October 13, 2023).
- What is the minimum age to buy hemp products in Kentucky?
- 21+ under Kentucky law (KY HB 544 (2023) & 902 KAR 45:190; SB 202 (2025) for cannabis-infused beverages). Good Hemp Distro is 21+ everywhere regardless.
- Does Kentucky cap THC in hemp products?
- Kentucky sets no state-level milligram cap in the verified dataset; the federal definition (total THC including THCA at or below 0.3% dry weight) applies, and the state law summary above lists any product rules.
- Does Kentucky require lab testing (a COA) for hemp products?
- CHFS HDCP program: each batch tested by an ISO 17025 third-party lab (cannabinoids, microbials, mycotoxins, pesticides, heavy metals, solvents). Official page: chfs.ky.gov
- How do I start a compliant hemp business in Kentucky?
- 1. Register the business with the Kentucky Secretary of State and obtain a sales/use tax account. 2. Growers/processors: apply for a KDA hemp grower ($400/address) or processor/handler license ($500; $3,000 for floral material) and complete the required orientation. 3. Manufacturers: obtain CHFS food or cosmetic manufacturer permitting, register the facility in the Cannabinoid Business Registry, and register every product in the CHFS product registry with ISO 17025 batch COAs. 4. Retailers of adult-use (intoxicating) products: register each location with CHFS and pay the $2,000 annual permit; sell only registered products, secure them from under-21 access, verify age, and label shipped items 'Adult-use only'. 5. Online/out-of-state sellers shipping to Kentucky: obtain a Kentucky hemp cannabinoid wholesaler/distributor permit before shipping. 6. THC beverages: cap at 5 mg per 12 oz serving and obtain the applicable ABC cannabis-infused beverage license (manufacturer, distributor or retail package) via the ABC portal. 7. Follow 902 KAR 45:190 packaging/labeling (child-resistant, no cartoon/candy imagery) and report adverse reactions to CHFS within 24 hours.
Related
Not legal advice. Links and summaries verified September 29, 2026; laws change — always confirm with the official links and a licensed attorney before you sell.