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1_CBD Kentucky

CBD in Kentucky
Is it Legal? Where to Buy?

Yes, CBD Oil is Legal in Kentucky.

However, the laws might seem confusing to an extent, but CBD Oil sale and purchase as well as its usage is, as it stands today are “Legal”, though further clarifications and simplification are expected from the state.

1_Is CBD oil legal in Kentucky

Is CBD Oil Legal
in Kentucky?

Yes, CBD Oil is Legal in Kentucky.

However, the laws might seem confusing to an extent, but CBD Oil sale and purchase as well as its usage is, as it stands today are “Legal”, though further clarifications and simplification are expected from the state.

1_What’s legal, What’s not KY

What's Legal, What's Not!

1_ Kentucky administration made it legal for the sale and consumption of CBD products via House Bill 3

In December 2017 after a long struggle to make CBD oil legal, Kentucky administration made it legal for the sale and consumption of CBD products via House Bill 333

1_ CBD and its derivatives as well as medical cannabis are both legal and are openly being sold in the

The products should contain only 0.3% THC content and should be derived from industrial hemp. They however left a backdoor open in the legal language that makes CBD products ‘legal’ only if the FDA approves it. 

They also in the same document HB 333, tried to mix up other opiates which are Schedule I drugs and highly addictive with CBD products thus watering down the recommendations while showing support in a diplomatic manner.

1_An earlier passed Kentucky Senate Bill 124 in 2014 excludes industrial hemp from the definition of m

An earlier passed Kentucky Senate Bill 124 in 2014 excludes industrial hemp from the definition of marijuana. This was done after approved rounds of testing as per the US FDA standards but had made cannabidiol a prescription based product. 

This basically meant that to procure say a bottle of CBD oil one needed to be registered as a medical patient with a need to use CBD oil as per the recommendation of a physician from a state research hospital.

These two legal documents though on the outside show the support much required to sell and use CBD products by the public. But for any normal person to use CBD and its various products for health benefits or just to taste them, is still quite a journey in state. For starters, CBD is legal in the state but not until the Food and Drug Administration of the federal government approves it as well. 

Also by mixing up CBD and other serious kinds of drugs that are Schedule I items, the focus of the legal document goes towards these more serious threats to human life rather than towards the health benefits of CBD. Also, one needs to first find the state research hospital which are only three in the entire state and hence not easily approachable by all and sundry. And then one has to get a physician to recommend you as a patient before one can get registered and start using CBD products.

Hemp based CBD products and supplements are known to have trace amounts of THC and the law approves a limit of 0.3% THC content in any of the legal CBD products. This THC is the compound that produces the high when someone takes marijuana for instance but at such low concentrations in say CBD oil, it only produces the health benefits. The testing procedures and methods are still imprecise and there is a high chance of someone getting a false positive for THC when all they ingest are some of the CBD products.

This problem was faced by a Powell County EMT, Shauna Staton who took a drug test that failed and showed trace amounts of THC in her system. She was taking CBD only to help her with pain relief but her employer fired her immediately on the basis of the failed test. Staton protested these allegations and won her appeal to get her job back. But this incident brought to the fore the risk that people might face who take CBD products even for medical purposes.

1_This bill SB 83 has been nicknamed Shauna’s Law which is being designed to protect workers who take

A bill to take care of such instances of risk to workers is in the Kentucky General Assembly since January 2019. This bill SB 83 has been nicknamed Shauna’s Law which is being designed to protect workers who take CBD, especially in drug free workplaces. 

The employers will be mandated to allow their employees an appeal if:

  1. The employee has used only legally approved industrial hemp derived CBD products.
  2. The employee can provide a receipt of purchase of the product.
  3. The test results are less than the legally allowed 0.3% THC.

This bill will protect workers who need CBD for various purposes like pain relief, sleep disorders, etc. and also educates the public on the much required knowledge about the difference between marijuana and hemp as well as their products. This bill when passed will be the first of its kind in the state that protects the rights of workers and could serve as a model for the other states to follow suit and provide similar protection to its citizens at the workplace.

Many advocates for Shauna’s Law have stressed upon the importance of this bill as CBD oil is legal at the federal level. But in Kentucky, hemp plants are still classified under controlled substances. And to confuse this matter further, CBD products are legal in Kentucky. Throughout the state of Kentucky, CBD oil and its various products can be purchased from various retailers and many people use it for various health related reasons. And the “fear of failing a drug test” is a very rationale fear especially for those who work at places with a zero tolerance towards a failed drug test. This will also provide much needed immunity to people who want to try it for a while as a health supplement rather than as a patient.

Even though the 2018 Farm Bill has removed industrial hemp from its list of controlled substances, no person is allowed in the state of Kentucky to grow, process or handle hemp plants, or its seeds, leaves, floral material, etc. without a hemp license from the Kentucky Department of Agriculture. The penalties in such cases are harsh and the same as the penalties applicable to a person who violates Kentucky Revised Statutes Chapter 218A that related to marijuana.

 

This same piece of legislation Chapter 218A however terms hemp derived CBD products as legal. Even licence holders who are anxious to start research in these early stages of the law are advised to take a breather as these laws can change at any moment. There is a lot of uncertainty at the federal level as to which parts of the hemp plant are lawful and be allowed to be processed, handled and sold.

1_Where to buy CBD oil in Kentucky-

Where to buy CBD oil
in Kentucky?

1_CBD oil if hemp based and containing less than 0.3% THC content is quite easily available in most re

The legal ramblings aside, CBD oil if hemp based and containing less than 0.3% THC content is quite easily available in most retail stores, health shops, vape shops etc. all over Kentucky. 

Some of the prominent places in Kentucky to find quality CBD products are Green Remedy - a hemp-extracted CBD wholesale health market, A&A Smoker’s Outlet, Bluegrass Hemp Oil in Lexington and many more.

1_Horrors of Buying CBD locally

Horrors of Buying CBD locally

Until the law cleans up their act and provide more robust frameworks to use and sell CBD products as well as their cultivation and handling, it is a grey area which could land anyone in trouble. Also considering the strict limit of 0.3% THC imposed on CBD products, it is advisable to source your CBD online rather than taking the risk of buying it locally.

1_How to get CBD Oil Online in Kentucky

Buying CBD Oil Online
in Kentucky

Buying online is faster, convenient and a lot easier than driving around looking for a store, parking, carrying it home, etc. Do please check the credentials of the company in terms of the quality of the product and their capability to deliver to your address and that the CBD product has less than 0.3% THC. A third party check by a laboratory is a good indicator of the product’s quality. Other than that you can get good deals online which will also allow you to obtain CBD oil at a cheaper price.

Final Thoughts on CBD Oil in Kentucky

While the State could have been more helpful, using CBD shouldn’t be a problem. That coupled with the range benefits it brings, CBD is definitely worth going for. However, do check for the 0.3% THC limit on the bottle before buying.