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is cbd oil legal in kentucky

Is CBD oil legal? Here’s everything you need to know about CBD oil in Kentucky

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As multiple forms of medicine come to the forefront, here’s what you need to know about CBD oil that is helping multiple people’s ailments. Wochit

The use of CBD oil, which has been touted as a cure-all product for ailments ranging from arthritis to anxiety, is a growing trend across the nation, especially in Kentucky. And while some call it a medical miracle, others question whether it’s legal in the state because of its association with marijuana.

CBD oil is made by extracting CBD from the cannabis plant, then diluting it with a carrier oil, such as coconut or hemp seed oil, according to healthline.com. CBD is drawn from the flower of the hemp plant, and both hemp and marijuana are derived from cannabis sativa. It’s that connection to the cannabis plant that leads to a common question about the safety and legality of CBD oil: “Can you get high off CBD oil?”

The answer? In short, no, you can not get high from cannabidiol, more commonly known as CBD. CBD lacks the large amount of THC, or tetrahydrocannabinol, the crystalline compound that is the main active ingredient of cannabis or marijuana.

And while you can’t get high off the products, many do claim it helps lessen pain associated with everything from multiple sclerosis to epilepsy, to skin disorders like psoriasis.

CBD products for sale at Rainbow Blossom. May 28, 2019 (Photo: By Michael Clevenger/Courier Journal)

While growing or possessing marijuana is not legal in Kentucky, it is legal to grow hemp, with a license. In fact, hemp crops have been a driver of economic success for the state.

According to Kentucky Agriculture Commissioner Ryan Quarles, hemp brought in $57.75 million in gross product sales last year, up drastically from 2017, which saw $16.7 million in sales.

Some of those sales have been from local chains, like Rainbow Blossom, a series of health food stores in the Louisville area. But as the demand for CBD products rises, you’re more likely to find it on a store shelf where you’d least expect it. Walgreens welcomed CBD products into almost 1,500 stores earlier this year, and CVS also began selling the CBD products in 800 stores.

Soon you might be able to grab a CBD lotion or other beauty product off the shelf during your next Target run. Superstores like Target and Walmart have started “initial discussions” with CBD manufacturers, according to an April article on nypost.com.

The NY Post article also stated the chains, which include supermarkets such as Kroger, “are requesting samples of CBD products, along with lab results and pricing information.”

Now, Kroger announced it will begin selling CBD oil in its stores in 17 states — yes, Kentucky and Indiana are two of them.

“We will not be selling ingestible at this time,” Kroger’s Louisville division spokeswoman Erin Grant told the Cincinnati Enquirer. “We are offering our customers a highly-curated selection of topical products like lotions, oils, balms and creams that are infused with hemp-derived CBD.”

But don’t get too excited yet. Target said the company has no “immediate plans to carry.” Similarly, Walmart said it is “not carrying CBD products right now,” according to a “Today” show report.

It’s safe to say hemp and CBD oil aren’t going away anytime soon in Kentucky. But what is it? And is it legal? Or safe? Here’s our guide to help you learn everything you need to know about CBD oil in Kentucky:

CBD products for sale at Rainbow Blossom. May 28, 2019 (Photo: By Michael Clevenger/Courier Journal)

What is CBD oil?

CBD oil is made by extracting CBD from the cannabis plant, then diluting it with a carrier oil, such as coconut or hemp seed oil, according to healthline.com.

Is CBD oil legal in Kentucky?

As long as CBD is derived from industrial hemp, it is legal to own CBD oil under KRS 218A.010.

When the Agriculture Improvement Act of 2018 was signed into federal law, the U.S. Food and Drug Administration allowed for “the production and marketing of hemp” and other derivatives of cannabis with low amounts of THC, defined as less the 0.3%.

This percentage was previously set in the Agriculture Act of 2014, also known as the Farm Bill. The Farm Bill also removed hemp from the controlled substance list.

Hemp vs. weed: Can you get high off CBD oil?

In short, no, you can not get high from CBD, which is drawn from the flower of the hemp plant. Both hemp and marijuana come from the same plant, cannabis sativa. The difference between these lies in the amount of tetrahydrocannabinol (THC) in them.

The Agriculture Act of 2014 stated hemp may contain 0.3% of THC. Marijuana, however, contains 42 times more THC than hemp.

CBD products for sale at Rainbow Blossom. May 28, 2019 (Photo: By Michael Clevenger/Courier Journal)

Can you grow hemp in Kentucky?

Yes, but you’ll need a license. The Kentucky Department of Agriculture requires a license be issued to any person growing, handling or processing industrial hemp derived plants, seeds, leaf or floral materials.

Without a license issued by the department, growers could face the same penalties as those who violate policies related to marijuana.

Can CBD oil be manufactured in Kentucky?

CBD oil can be manufactured in Kentucky. The licenses issued by the Kentucky Department of Agriculture apply to both growing hemp and processing products like CBD oil.

Questions regarding whether CBD oil can be manufactured in the state are often raised because Indiana’s law okays the sale of hemp-related products, it doesn’t explicitly mention manufacturing CBD oil.

Is CBD oil safe? Is it addictive?

Though many users and some health professionals tout the successes and benefits of CBD products, a lot of facts remain unknown, but it isn’t addictive. This is due to the lack of THC in CBD oil. Though rare, the content of THC in marijuana can cause addiction.

In a previous Courier Journal report, James Patrick Murphy, former president of the Greater Louisville Medical Society, noted that of 175 patients who tried CBD oil spray or pills, 90% reported benefits including fewer migraines, tension headaches and more tolerable leg or back pain.

Some of Murphy’s patients also reported more restful sleep and less anxiety following use. However, Murphy said a small number of his patients stopped taking it after experiencing dizziness. Some didn’t experience any relief from their severe pain of migraines.

It is recommended to speak to a doctor before taking any over-the-counter medication or supplement, especially if you have a preexisting condition.

CBD products for sale at Rainbow Blossom. May 28, 2019 (Photo: By Michael Clevenger/Courier Journal)

Will CBD oil help or hurt my anxiety?

Because CBD oil is fairly new, there haven’t been any confirmed studies on whether it hurts or helps anxiety. Some patients have reported less anxiety or depression after use, including more restful sleep.

How will CBD oil affect my heart? Will it affect my medications?

Murphy warned that CBD treatment may not be for everyone, including those with heart conditions or those who take blood thinners.

CBD can potentially interact with any pharmaceuticals you’re taking because of its inhibition on cytochrome P450, a family of liver enzymes. According to Project CBD, cytochtome P450 metabolizes the drugs we consume. CBD can temporarily deactivate these enzymes, which would alter how the drugs are consumed.

Does CBD oil show up on a drug test?

If a drug screening only tests “positive or negative” for THC and not the amount, there’s a chance your CBD oil intake could cause you to fail the drug test.

Reach intern Laurel Deppen at [email protected] Follow her on Twitter at @Laurel_Deppen.

“Hemp, Hemp, Hooray”

WHAT: “Hemp, Hemp, Hooray: A Celebration of Kentucky Cannabis,” will allow attendees to speak with hemp farmers, producers and industry representatives to learn about the plant’s history, growing methods and what it does to the body, a press release for the event stated.

WHERE: Rainbow Blossom, 3728 Lexington Road

More shops in Louisville are selling CBD oil. But is it legal? Here's everything you need to know about the newest trend to hit the market.

Is CBD oil legal in Kentucky?

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Contents

  1. What is CBD?
  2. Why is CBD sometimes illegal?
  3. Kentucky CBD laws
  4. Where to buy CBD in Kentucky
  5. How to read CBD labels and packaging

Hemp is a crop that connects Kentucky’s past with its future. In the 18th century, Kentucky was one of the largest suppliers of hemp in the United States until the 1930s, when both hemp and cannabis were criminalized. Following the 2014 Farm Bill, Kentucky reinstated hemp as a crop and has since developed a robust industrial hemp pilot program.

Non-psychoactive CBD was first legalized in Kentucky in 2014 for eligible patients under SB 124. The bill made no provision for the sale or production of CBD outside medical contexts. In 2017, hemp-derived CBD products with 0.3% THC or less became legal for all consumers in Kentucky.

Kentucky has no medical cannabis program at present. Adult-use cannabis is illegal. The possession of small amounts of cannabis has been decriminalized in Jefferson County and Louisville.

What is CBD?

CBD is a non-intoxicating cannabinoid found in cannabis and the second-most prominent in the plant after THC, which is largely responsible for producing an intoxicating high. CBD can be sourced either from marijuana or hemp plants and has a wide range of potential therapeutic benefits.

CBD oil dropper

CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. Photo by: Gina Coleman/Weedmaps

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CBD oil dropper

To date, researchers have identified a number of potential applications linked to CBD, including anti-inflammatory, analgesic, anti-anxiety, and anti-seizure properties. Further, the chemical has shown promise in treating numerous health conditions, including seizure disorders, mood disorders such as depression, anxiety, and psychosis, chronic pain, and many more.

Most raw cannabis strains on the market today contain small amounts of CBD, especially compared with THC. But since the cannabinoid has gained considerable attention for its wide range of purported therapeutic benefits, more high-CBD strains have recently been cultivated.

Why is CBD sometimes illegal?

All types of cannabis, including hemp strains that don’t produce enough THC to cause intoxication, were considered illegal under the Federal Controlled Substances Act of 1970. The law categorized all cannabis as Schedule 1, which defined the plant as a highly addictive substance with a high potential for abuse and no accepted medical use.

The 2018 Farm Bill re-classified hemp as an agricultural commodity and made its cultivation federally legal. Further, the act removed some forms of cannabis from Schedule 1 status by creating a legal distinction between hemp and marijuana. Hemp is cannabis with less than 0.3% THC, and marijuana refers to cannabis with more than 0.3% THC. This distinction in federal law effectively legalized CBD that is derived from cannabis with less than 0.3% THC, as long as it has been cultivated according to federal and state regulations.

The 2018 Farm Bill legislation does not mean that CBD derived from hemp is universally legal throughout the United States. According to the Farm Bill, the Food and Drug Administration (FDA) has the power to regulate CBD product labeling, including therapeutic claims and the use of CBD as a food additive.

The FDA has declared that even hemp-derived CBD may not legally be added to food and beverages, or marketed as a dietary supplement. Although the organization has begun to re-evaluate some of its stances on legal CBD products, the FDA has not revised its regulations. The agency also has been strict in its position against any labeling that could be perceived as a medical claim about CBD.

In addition to the federal regulation of CBD, the Farm Bill also gave states the option to regulate and prohibit the cultivation and commerce of CBD. States may also regulate CBD in food, beverages, dietary supplements, and cosmetic products independently, even before the FDA finalizes its policies.

Kentucky CBD laws

Kentucky residents may legally purchase and consume hemp-derived CBD products on the provision that the product contains no more than 0.3% THC or other cannabinoids. Hemp-derived CBD cannot be sold in flower form.

In 2014, hemp cultivation was legalized with the passage of the 2014 Farm Bill. In that same year, 2014, Gov. Steve Beshear signed SB 124, a law that allowed eligible patients to access hemp-derived cannabidiol (CBD) products with a physician’s written order. CBD derived from cannabis is illegal in Kentucky for medicinal purposes. Two bills proposing the creation of a medicinal cannabis framework were passed over in 2015.

The 2014 Farm Bill catalyzed the creation of Kentucky’s industrial hemp pilot program, with regulations drafted and overseen by the Kentucky Department of Agriculture (KDA). In 2017, Kentucky lawmakers passed HB 333, which broadly legalized the consumption and retail sale of hemp and hemp-derived CBD products that contain 0.3% THC or less.

In April 2018, Kentucky legislators published HCR35 in 2018 before the Farm Bill was signed into law, urging the FDA to remove hemp from the definition of marijuana and its Schedule 1 classification. When the 2018 Farm Bill passed, Kentucky lawmakers approved HB 197 to align the state’s definition of industrial hemp with that of the federal government.

There is no specific legislation in Kentucky regarding the use of CBD in food or beverages.

Licensing requirements for CBD

The Kentucky Department of Agriculture (KDA) is responsible for the management and oversight of the state’s hemp program. The 2020 growing season will see Kentucky shift from its research pilot program to full commercial hemp production under its USDA approved state hemp plan.

Only license holders registered with the KDA can grow hemp. Home cultivation of hemp without a license, or of cannabis with greater than 0.3% THC content, is illegal. Those interested in applying for a license to grow hemp must supply a criminal background check. To qualify for a license, the applicant must have no felony convictions or drug-related misdemeanors dated within the past ten years.

cannabis seeds closeup

Farmers participating in the program must use seeds provided by an educational institution with a DEA license and use varieties expected to be low in THC. Photo by: Gina Coleman/Weedmaps

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cannabis seeds closeup

Farmers participating in the program must use seeds provided by an educational institution with a DEA license and use varieties expected to be low in THC. The state tests a sample of each licensed farmer’s hemp crop. The lab test results must confirm that the final product contains no more than 0.3% THC content. Growers and processors are required by law to save their lab test results to ensure their availability to the KDA and law enforcement officials for a minimum of three years.

Kentucky CBD possession limits

The possession of any amount of CBD is legal in Kentucky on the condition that the product contains less than 0.3% THC by weight.

CBD derived from cannabis is illegal, even for medical patients. Possession of up to eight ounces of cannabis can lead to 45 days in prison and a $250 fine, while a subsequent offense of fewer than eight ounces may result in a felony charge, 1 to 5 years in prison, and a maximum $10,000 fine. Cannabis possession of more than eight ounces results in increased imprisonment.

Where to buy CBD in Kentucky

Kentucky residents can legally purchase hemp-derived CBD products in stores and online, as long as the product contains no more than 0.3% THC. Consumers can find CBD products at CBD-specific stores and grocers such as Whole Foods or Walgreens.

When purchasing from a brick and mortar shop, particularly if the store specializes in CBD, you can typically receive guidance from an employee. Explain what you’re looking for, your reasons for consuming CBD, and they can point you in the right direction.

When it comes to online sales, CBD is most frequently found on brand-specific websites. You can also find verified CBD brands on Weedmaps. Reputable brands will generally provide you with essential product details, including the form of the CBD (such as oil, capsules, topicals, tinctures, etc.), the quantity of CBD the product contains, the other chemicals or ingredients present in the product, and more.

CBD and weed

To meet federal legal criteria, CBD oil must contain no more than 0.3 percent THC. Photo by: Gina Coleman/Weedmaps

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CBD and weed

While many online checkout systems support US-based CBD sellers, some companies like Paypal consider CBD a “restricted business” and don’t support online sales. Confirm the websites’ checkout system before purchasing CBD online.

How to read CBD labels and packaging

The 2018 Farm Bill shifted the oversight of hemp and hemp-derived products from the U.S. Department of Justice (DOJ) to the U.S. Food and Drug Administration (FDA). The FDA does not presently allow CBD-infused food, drinks, or dietary supplements to be sold, and hasn’t yet provided regulations for hemp-derived CBD products.

Still, the agency warns that regulations in flux still require companies to make legitimate claims on their labels. Buyers should nonetheless approach CBD products with caution. A CBD product should clearly state what kind of CBD is used. Full-spectrum CBD oil means the extract contains cannabis-derived terpenes and trace amounts of cannabinoids such as THC. Broad-spectrum also includes other cannabis compounds but has had THC removed during the processing phase. CBD isolate is a pure crystalline powder containing only CBD.

Most reputable CBD producers typically include the following information on their CBD product labels:

  • Amount of active CBD per serving.
  • Supplement Fact panel, including other ingredients.
  • Net weight.
  • Manufacturer or distributor name.
  • Suggested use.
  • Full-spectrum, broad-spectrum, or isolate.
  • Batch or date code.

Is CBD oil legal in Kentucky? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? Kentucky CBD laws Where to