1. Introductory Summary
In response to the emergence of hemp-derived synthetic THC products like Delta-8 and Delta-10 THC, Kentucky has implemented a regulatory framework for controlled access. Initially addressed by executive order, Kentucky formalized its approach in 2023 through House Bill 544, which allows for the regulated sale of Delta-8 THC products under specific safety and labeling standards. This framework reflects Kentucky’s emphasis on consumer safety, balancing accessibility with rigorous compliance measures.
2. Regulation of Synthetic THC Products
Under House Bill 544, Kentucky permits the sale of synthetic THC products, including Delta-8 THC, with strict conditions. These regulations include age restrictions (21+), mandatory labeling, and testing requirements to ensure product safety. The Cabinet for Health and Family Services is responsible for overseeing these requirements, ensuring that all products sold comply with the state’s safety and transparency standards.
3. THC Potency and Certificate of Analysis (COA) Requirements
While Kentucky does not impose specific THC potency limits beyond federal standards for hemp-derived products, House Bill 544 requires that all products include a certificate of analysis (COA). The COA must verify product composition, including THC potency, and ensure that products meet federal THC limits and are free from harmful contaminants. This serves as a safeguard for potency and ingredient transparency for consumer safety.
4. Public Health Measures
Kentucky’s regulatory approach prioritizes public health through:
- Age Restrictions: Sales are restricted to individuals 21 and older.
- Testing and Labeling: Products must undergo third-party testing, with COAs confirming safety and potency.
- Packaging Standards: Strict requirements are in place to prevent access by minors and include labeling that clearly indicates intoxicating effects.
These measures are enforced by the Cabinet for Health and Family Services, reflecting Kentucky’s focus on controlled, safe access to hemp-derived intoxicants.
5. Effective Date of Regulations
House Bill 544 was signed into law by Governor Andy Beshear in March 2023, with regulatory requirements taking effect on August 1, 2023. This includes enforcement of age restrictions, labeling, testing requirements, and packaging standards for Delta-8 THC products.
6. Licensing Requirements and Fees
Retailers selling Delta-8 THC products in Kentucky are required to register with the Cabinet for Health and Family Services. Each product sold must have an accompanying COA. While the bill does not establish a specific licensing fee structure for Delta-8 retailers, compliance with COA requirements may involve additional costs for testing and certification.
7. Regulatory Body
The Cabinet for Health and Family Services is designated as the regulatory authority responsible for enforcing Kentucky’s Delta-8 regulations under House Bill 544. This includes overseeing product testing, labeling, age restrictions, and packaging standards.
8. Testing Standards
Kentucky mandates third-party testing for all Delta-8 THC products, documented in a COA. This testing verifies that products meet federal THC limits, are free of contaminants, and are accurately labeled. Products lacking a valid COA cannot be legally sold in Kentucky.
9. Enforcement Capabilities
The Cabinet for Health and Family Services is empowered to enforce Kentucky’s Delta-8 regulations, monitoring compliance among retailers. Non-compliant retailers face potential penalties, with the state exercising strict oversight of Delta-8 THC sales.
10. Social Equity Provisions
House Bill 544 does not include social equity provisions or offer licensing advantages for communities disproportionately affected by past cannabis-related enforcement.