Status: In Kentucky, all individuals may possess and use CBD Hemp oil. Limited individuals with medical approval may possess CBD oil derived from marijuana.
|CBD Program||Medical Program||Recreational Program||Are Applications Open?|
|Legal||Not legal||Not legal||closed|
Number of Kentucky Marijuana Business Licenses Licenses Available
Kentucky CBD Program License Guidelines
HB 124 provides:
- a patient can become a patient simply by obtaining a written order for CBD from a physician practicing at a hospital or associated clinic affiliated with a Kentucky public university having a college or school of medicine or
- one can also be a patient in Kentucky by participating in a clinical trial or in an expanded access program, in which case the patient receives a drug or substance approved for the use of those participants by the United States Food and Drug Administration
- patients may only legally obtain and possess CBD if they have been given a written order from an eligible physician
The History of Kentucky Marijuana Business Licenses Marijuana
Kentucky passed SB 50 into law in 2013. This bill allowed for industrial hemp cultivation programs to begin in Kentucky. It redefined industrial hemp, making it completely unrelated to marijuana. This bill was quite important to the national hemp movement as it wasn’t until a year later that the national government enacted the 2014 Farm Bill. This national piece of legislation redefined industrial hemp on a national scale, which is why hemp products like CBD are available, at least online, in every state.
In 2014, Kentucky Gov. Steve Beshear also signed S.B. 124 into law, a bill intended to provide individuals suffering from intractable seizure disorders with safe, legal access to cannabidiol (CBD) derived from marijuana.
In January 2019, a bipartisan group of Kentucky lawmakers introduced House Bill 136 to legalize a medical marijuana program for the state. However, the medical marijuana legislation failed to pass before Kentucky’s 2019 General Assembly concluded on March 29, 2019.
In January 2020, House Bill 136 was re-filed in the Kentucky General Assembly to legalize medical marijuana. The bill offers a list of qualifying medical conditions for which marijuana can be prescribed, such as terminal illness and epilepsy, but doesn’t limit prescribing to those conditions and allows physicians to prescribe marijuana to their patients as long as they have a “bona fide” relationship. The Kentucky House of Representatives overwhelmingly passed the bill February 20, 2020, however a final hearing for House Bill 136 was canceled when news of the COVID-19 pandemic broke so that state lawmakers could focus on coronavirus relief packages and a state budget deal. The state’s legislative session ended on April 15, 2020.
In January 2021, the Kentucky General Assembly re-considered House Bill 136. However, the bill did not pass before the end of the state’s legislative session. Lawmakers plan to bring it up again in 2022.