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  • Christopher D.

Kentucky's Emergency Rule on Hemp-Derived Cannabinoids

In a move to address the growing popularity and concerns surrounding hemp-derived cannabinoid products, Kentucky's General Assembly Administrative Regulations Review Subcommittee has approved an emergency rule.

The rule is specifically designed to regulate products like Delta-8 THC, distinguishing between those intended for adult use and those that are non-intoxicating. This blog post delves into the details of Kentucky's emergency rule, its implications for businesses in the hemp sector, and how it fits into the broader context of cannabinoid regulation.

Balancing Adult Use and Non-Intoxicating Products

The emergency rule approved by Kentucky's regulatory authorities signifies a proactive approach to the challenges posed by the increasing availability of hemp-derived cannabinoid products. With a focus on differentiating products for adult use and those that are non-intoxicating, the rule introduces key amendments that impact various aspects of processing, manufacturing, and retail.

  • Processing and Manufacturing Requirements: The rule brings attention to the processing and manufacturing facilities involved in hemp-derived cannabinoid products. By specifying requirements for these facilities, Kentucky aims to ensure a standardized approach that aligns with the state's regulatory objectives.

  • Product Testing Standards: Incorporating product testing requirements based on FDA standards is a significant aspect of the emergency rule. This addition emphasizes the state's commitment to product safety, aligning with established standards to provide consumers with reliable and safe hemp-derived products.

  • Retail Store Registration: To enhance oversight and regulation, the emergency rule introduces a requirement for retail stores to register with the Department. This registration process is intended to create a more structured framework for monitoring the distribution and sale of hemp-derived cannabinoid products at the retail level.

Advocacy and Concerns

During the subcommittee meeting, Katelyn Wiard, the Director of Operations at the U.S. Hemp Roundtable, voiced the industry's perspective. While expressing appreciation for the inclusion of recommended changes in the emergency rule, Wiard raised several concerns.

One notable concern highlighted by Wiard pertains to a new rule requiring hemp products to maintain a specific ratio of non-intoxicating cannabinoids (such as CBD) to intoxicating cannabinoids (such as THC). The proposed ratio of 25 parts CBD to one part THC raises debates within the industry about its impact on product classification for adult use. Wiard emphasized that the industry suggests alternative approaches, such as adopting a THC per serving limit or reconsidering the proposed ratio to align with precedents set in other states.

Another significant concern raised by Wiard focuses on the introduction of a $200 fee for every hemp product. The industry advocates for alternative approaches, including an annual fee for retail establishments or a restructuring of the per-product fee to alleviate financial burdens on businesses.

Industry Perspectives

Jim Higdon, a co-founder of Louisville-based Cornbread Hemp, emphasized concerns about the potential confusion arising from dual regulation by two different agencies—the Department of Agriculture and the Cabinet for Health and Family Services. The diverse regulatory landscape, coupled with the different political affiliations of overseeing entities, poses challenges that the industry seeks to address.

This emergency rule represents the third set of amendments, underscoring the dynamic nature of regulatory responses to the evolving hemp-derived product landscape. The rule is set to remain in effect until April 27, 2024, allowing the industry and regulatory authorities time to assess its impact. The final version of the regulation is slated for approval in the spring by the General Assembly's Administrative Regulations Review Subcommittee. This approval will determine the rule's enduring implications and its contribution to establishing a balanced and effective regulatory framework for hemp-derived cannabinoid products in Kentucky.

Kentucky's hemp industry faces the challenge of navigating regulations imposed by two distinct agencies—the Department of Agriculture and the Cabinet for Health and Family Services. The potential for confusion and contradictions arising from dual oversight underscores the need for clear communication and collaboration between regulatory entities.

Looking Ahead

As the regulatory landscape for hemp-derived cannabinoid products undergoes shifts and refinements, individuals seeking reliable alternatives may find solace in exploring the realm of medical marijuana. The structured and regulated nature of medical marijuana programs provides a viable avenue for individuals looking for therapeutic solutions.

While hemp-derived products face ongoing regulatory complexities, medical marijuana programs offer a regulated and structured framework for individuals seeking the therapeutic benefits of cannabinoids. The appeal of medical marijuana lies in its tailored approach to addressing various health challenges, from chronic pain management to alleviating symptoms associated with specific medical conditions.

For individuals considering marijuana for medical purposes, obtaining a medical marijuana card is a crucial step. Beyond legal compliance, the card signifies a commitment to responsible and informed marijuana use for therapeutic reasons. It aligns with state regulations, ensuring that individuals can access medical marijuana products within a structured and controlled framework.


As Kentucky implements emergency rules to regulate hemp-derived cannabinoid products, the industry and regulatory bodies face a period of adaptation and refinement. The collaborative effort to address industry concerns and establish a balanced regulatory framework reflects a commitment to consumer safety and industry growth.

In navigating the evolving landscape of cannabinoid regulations, individuals are encouraged to explore alternatives like medical marijuana. The structured programs, coupled with the therapeutic benefits of marijuana, position it as a reliable choice for those seeking well-regulated and effective solutions.

To stay informed about the changing landscape of hemp-derived products and medical marijuana programs, individuals are urged to schedule appointments with certified healthcare professionals. This proactive step not only aligns with a commitment to holistic well-being but also contributes to ongoing discussions about the role of medical marijuana in shaping the future of healthcare in Kentucky.

Get Ready for Medical Marijuana in Kentucky

Medical marijuana will be legal in Kentucky in 2025! However, Kentuckians who qualify can receive a pardon for using medical marijuana purchased from other states, so get a recommendation as legal protection!

Cannabis is a natural, safe alternative medicine without the harsh side effects of many prescription drugs. If you think you could benefit from medical marijuana, you probably qualify!

Schedule an online evaluation with one of our knowledgeable, compassionate doctors or contact us at (833) 781-6360. Why wait longer than you must for the relief you've been missing?

You'll meet with your doctor virtually via a telemedicine appointment using your smartphone or computer, and together, you'll discuss your condition and decide if medical marijuana is right for you.

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