Is THCA legal in Kentucky? Kentucky hemp, delta-8 and kratom laws

The law in Kentucky

Kentucky defines hemp in KRS 260.850 as the plant and everything from it with no more than 0.3 percent delta-9 THC on a dry weight basis. Its definition of marijuana leaves out hemp products that hold no living plants, viable seeds, leaf or floral material, and CBD products made from hemp.

The products themselves are regulated by the Cabinet for Health and Family Services. HB 544 of 2023 told the cabinet to regulate delta-8 THC and other hemp-derived substances, and its rules in Chapter 45 of Title 902 of the Kentucky Administrative Regulations now cover definitions, registration, lab work and retail sale.

1. March 23, 2023HB 544 is signed, directing the cabinet to regulate delta-8 and hemp-derived substances.
2. July 15, 2024Kentucky's kratom law takes effect: age 21, labels and a 7-OH cap.
3. November 18, 2024Cabinet rules on product definitions, registration and lab reports take effect.
4. February 5, 2025Retail rules take effect: permits, age 21 and the 0.3% total delta-9 THC cap.
5. April 14, 2026The Legislature overrides a partial veto of HB 757, which bans kratom sales.
6. December 11, 2026The federal limit of 0.4 mg total THC per container begins.
7. July 1, 2027The kratom sales ban takes effect.

Total THC and the 2.5 mg line

The cabinet's rules use total THC as federal hemp rules define it: the acid form times 0.877, plus the neutral form. No hemp product may hold more than 0.3 percent total delta-9 THC.

The rules then split products in two:

• Non-intoxicating. No more than 2.5 mg of an intoxicating cannabinoid per serving, and at least 15 parts non-intoxicating cannabinoid, such as CBD, to 1 part intoxicating.
• Adult-use. Anything else with intoxicating properties.

Every batch goes to an ISO 17025 lab, and labels give milligrams per serving and per package, within 80 to 120 percent of the stated figure.

1. CBD Isolate Gummies, 150mg, LemonLazarus Naturals$0.013/mg
2. Strongest Broad Spectrum CBD Oil 12000mgNeurogan$0.017/mg
3. Clarity Broad Spectrum OilNuLeaf Naturals$0.030/mg
4. CBD Gummies with Melatonin for SleepCBDfx$0.037/mg
5. Organic THC-Free CBD Tincture (Unflavored)Joy Organics$0.052/mg
6. Enhanced Broad Spectrum CapsulesMedterra$0.053/mg

Age, permits and the registry

Adult-use products may not be sold, given or transferred to anyone under 21. Non-intoxicating and cosmetic products carry no age rule.

A store that sells adult-use products needs a cabinet permit, $2,000 a year, and may not be within 1,000 feet of a school. A store that sells only non-intoxicating products needs no permit. Either way, every product sold in Kentucky must be on the cabinet's registry: the cabinet says products that are not registered may not be sold.

Retailers may ship adult-use products to consumers 21 and older, in packages marked Adult-use only, with an adult signature at delivery. An out-of-state seller shipping to Kentucky consumers must register with the cabinet.

CBD in food and drinks

KRS 217.039, in force since March 25, 2025, requires Kentucky makers of ingestible or cosmetic CBD products to hold a food or cosmetic manufacturing permit, keep a certificate of analysis from an accredited lab and label each product with a QR code or link to it. A 2025 law, SB 202, capped cannabis-infused drinks at 5 mg of intoxicating cannabinoids per 12 ounce serving and handed their sale to the Department of Alcoholic Beverage Control. The cabinet says intoxicating cannabinoids may not be added to food at a restaurant.

Kratom, kava, amanita and spores

Kratom is legal for adults 21 and older under KRS 217.2202, with a cap on 7-hydroxymitragynine at 2 percent of alkaloids and no synthetic alkaloids. HB 757 of 2026, passed over a partial veto on April 14, 2026, rewrites that section to bar processors and retailers from selling any kratom, kratom extract or kratom product, from July 1, 2027. Since March 12, 2026, a cabinet rule schedules 7-hydroxymitragynine concentrated above 400 parts per million.

We found no Kentucky statute or rule naming kava, amanita muscaria or mushroom spores.

The federal change on December 11

From December 11, 2026, the federal definition counts total THC including THCA and limits a finished hemp-derived cannabinoid product to 0.4 mg per container. Kentucky's own rules apply beside it. Read the federal page and What's changing on December 11.