Unraveling Kentucky's New Delta-8 and Intoxicating Cannabinoids Regulation

In an effort to further regulate the emerging cannabinoid industry, the Kentucky General Assembly has recently passed a house bill directing the Cabinet for Health and Family Services to promulgate regulations on Delta-8 Tetrahydrocannabinol (Delta-8 THC) and other intoxicating cannabinoids. The deadline for this regulatory action has been set for August 1, 2023, and it will bring significant changes to the way these products are produced, sold, and distributed within the Commonwealth.

To comprehend the impending regulation, it's important to first identify the scope of its applicability. The bill defines "Covered product" as any product containing Delta-8 THC or any other hemp-derived substance identified by the Cabinet for Health and Family Services as having intoxicating effects on consumers.

Now let's breakdown the main directives to be implemented:

1. Age Restrictions: The regulation introduces a minimum age requirement of 21 years for the sale, gift, transfer, or possession of covered products.

2. Retail Placement: Retailers are required to keep covered products behind the counter, preventing theft or easy access by minors.

3. Laboratory Testing and Approval Process: Covered products must undergo a laboratory testing and approval process for contaminants and phytochemicals, and they cannot be sold or distributed within Kentucky unless approved under this process.

4. Packaging and Labeling: Each covered product manufactured, marketed, sold, or distributed in Kentucky must adhere to specific packaging and labeling requirements. Among these, the label must include information such as the product's identity, the net quantity of contents, the ingredients, the name of the manufacturer or distributor, the total amount of each cannabinoid per serving or per container, suggested use instructions, and an expiration date.

5. Labeling for Small Containers: There are also specific rules for smaller containers. If a covered product has a total area of 12 square inches or less, it should bear the same information as described above, but the font size may be smaller than six points, albeit not less than 1/32 of an inch in height.

6. Tamper Evident Seal: All covered product containers must have a tamper-evident seal.

7. Prohibited Health Claims: The regulation forbids any explicit or implicit health claims on covered product packaging, labeling, or advertising material. Specifically, claims that the product can diagnose, treat, cure, or prevent any disease are strictly prohibited.

8. Testing Requirement Compliance: Lastly, Kentucky production facilities shipping covered products out-of-state must comply with the testing requirements of the destination state. If the destination state doesn't have any specific testing requirements for the covered products, then the facility must abide by Kentucky's requirements.

This impending regulation represents a significant step in ensuring that the emerging cannabinoids market in Kentucky is regulated effectively, with an emphasis on consumer safety and transparency. It demonstrates the government's commitment to overseeing this rapidly developing industry and ensuring that the benefits and risks of these products are appropriately balanced. However, businesses and individuals dealing with these products must be aware of these changes and prepared to comply when the regulation goes into effect on August 1, 2023.

If you have a cannabis business that sells hemp-extracted products and have any questions, give us a call at (859) 474-0001.