What to Do if the Police Come to Your Dispensary or Smoke/Vape Shop (Kentucky 2025)

Written By Brad Clark

Short version: Kentucky law treats retail handling of hemp flower and certain hemp extracts like marijuana unless you’re licensed; “wholesaler says it’s legal” won’t save you. If law enforcement shows up, protect your rights without obstructing, lock down your documents and video, and call counsel immediately. We’ve defended several of these casesand we know how to navigate both the criminal and regulatory issues. If you want to get compliant, we’ve also advised several profitable stores and can get you there.

Why this matters now: a quick snapshot of KY enforcement (last 12 months)

  • Lexington (Aug. 6, 2025): LPD executed search warrants at four vape shops; seized ~620 lbs marijuana/hemp flower, >$210,000, firearms; four individuals charged with “Trafficking Hemp > 5 lbs (1st Offense).” Lexington Police press release • Local coverage: Herald‑Leader.

  • Bowling Green / Warren County (Apr. 1–2, 2025): Task force warrants at three shops; seizures included ~116 lbs plant material and 21,000+ rolled “blunts.” WBKO • WNKY.

  • Middlesboro, Bell County (Jun. 20, 2025): Search at “Happy Smoke Shop”; arrests for marijuana trafficking after controlled buys and ID‑check issues. WYMT • Sheriff’s statement: Bell Co. Sheriff (Facebook).

  • Franklin, Simpson County (Sept. 25, 2025): South‑Central KY DTF searched two shops; ~150 lbs “raw material” seized; investigation ongoing. WBKO • WNKY.

  • Russell Springs (Oct. 16, 2024): RSPD executed a warrant at Lucky 7 Smoke & Vape re: alleged illicit products. WJRS / Laker Country.

Trend: task forces and local PDs are using controlled buys, lab testing, and search warrants targeting “hemp” flower and high‑THC items sold at vape/smoke shops.

The black‑letter law (and why “but my wholesaler said…” won’t help)

  1. Unlicensed handling of hemp leaf or floral material is punished like marijuana.
    Ky. Rev. Stat. § 260.858(2) (2025) (unlicensed cultivation/handling/processing/marketing of living plants, viable seed, leaf or floral materials → same penalties as KRS ch. 218A).

  2. Retail sale to the public of “whole hemp buds” and ground flower/leaf is prohibited.
    302 Ky. Admin. Regs. 50:070 § 1(2)(a)–(d) (2025) (prohibits sale/marketing to the public of whole buds, ground floral, ground leaf, and any hemp product with >0.3% Δ‑9 THC).

  3. “Marijuana” is broad—hemp exceptions are narrow.
    Ky. Rev. Stat. § 218A.010(28)(a)–(b) (2025) (excludes industrial hemp only if held by a licensee; excludes “industrial hemp products” only if they contain no leaf or floral materials).

  4. Criminal exposure isn’t theoretical.
    Marijuana offenses remain charged under Ky. Rev. Stat. § 218A.1421 (2025) (trafficking), § 218A.1422 (2025) (possession), and § 218A.1423 (2025) (cultivation).

  5. Medical cannabis is a different universe—license required.
    Dispensaries may only dispense to registered cardholders. See 915 Ky. Admin. Regs. 1:070 § 2(1) (2025) and the program statutes in KRS ch. 218B (2025).

  6. Nicotine vapes changed in 2025.
    Kentucky now limits sales to FDA‑authorized or “safe‑harbor” vapor products. See 2024 Ky. Acts ch. 111 (H.B. 11) (eff. Jan. 1, 2025) and ABC’s HB 11 FAQ.

  7. Hemp‑derived cannabinoid products carry packaging/labeling and age‑21 rules.
    See 902 Ky. Admin. Regs. 45:190 (2025) and CHFS guidance on registration and the product registry (CHFS HDCP page).

If police walk in: a step‑by‑step playbook

Post this by the register/back office.

  1. Be courteous—and say this:
    “Officer, we’re happy to cooperate. I do not consent to any search beyond what your warrant authorizes, and I’d like to call my attorney before answering questions.”

  2. Ask: “Do you have a warrant?”

    • If yes: Request a copy and read the scope (address, time, areas to be searched, items sought). Don’t obstruct; politely note any overreach.

    • If no: You may decline consent to search. Don’t block officers; just don’t consent.

  3. Call counsel immediately.
    Designate a manager who does nothing else until counsel is on the line.

  4. Keep cameras rolling; preserve footage.
    Save all footage for the day to two devices. No deletions.

  5. Designate one staff liaison; send everyone else home.
    Avoid chatter. No staff interviews without counsel present. No statements about products, COAs, or labs.

  6. Documents: produce only what you must.
    If there’s a warrant, produce what it authorizes. Anything more is a strategic decision—ask counsel first.

  7. Get receipts.
    Request a property inventory for every seized item (SKU/batch/COA lot; serials; cash counts).

  8. After officers leave:

    • Write a timeline memo (who/what/when) while fresh.

    • Pull invoices, COAs, batch records, age‑verification logs.

    • Don’t post on social or contact suppliers without counsel.

    • Expect follow‑up (undercover buys, lab reports, ABC).

Why this script works: It preserves your rights while demonstrating professionalism. Courts don’t reward obstruction—but they do take rights‑waivers seriously.

“But my wholesaler said it’s hemp and legal.” Read the fine print.

Bottom line: THCa “hemp flower,” pre‑rolls, and similar items remain legally risky at retail—and are the precise products drawing warrants and seizures across Kentucky this year (see news above). There are arguments that there are issues with the state prohibition on flower products that make it unconstitutional. We can make those arguments for you.

If you operate a licensed medical dispensary (KRS ch. 218B)

A compliance starter‑kit we implement for clients

  1. Product matrix (green/yellow/red): what can be sold at retail vs. license‑only materials (e.g., no whole buds/ground flower/leaf). 302 Ky. Admin. Regs. 50:070.

  2. Document binder: invoices/COAs tied to SKU + batch; proof of 21+ controls; daily ID logs; staff training records; placement requirements. 902 Ky. Admin. Regs. 45:190.

  3. Vape inventory check (nicotine): maintain FDA‑authorized/safe‑harbor list and purge others; keep manufacturer certifications and ABC notices. 2024 Ky. Acts ch. 111 (H.B. 11).

  4. Crisis SOP: who calls counsel, who deals with officers, camera retention steps, no‑consent script, and seizure‑receipt checklist.

  5. Mystery‑shop your own store: ID checks; “ask‑before‑answering” staff scripts; signage.

Common mistakes we see (please don’t make them)

  • Keeping “hemp buds” on shelves because a vendor shared a Farm Bill memo. (Kentucky’s state prohibitions control your retail risk.) 302 Ky. Admin. Regs. 50:070.

  • Talking during a search. Staff blurts like “the distributor said it’s under 0.3%” end up in the report.

  • Handing over your whole compliance binder when the warrant seeks only “vegetative material and currency.” Ask counsel first.

  • Deleting or letting video auto‑overwrite (many systems auto‑purge in 7–14 days).

  • Assuming “no charges yet” means you’re clear. Forensic THC testing and grand jury review can take weeks. (See Franklin/WBKO link above.)

We’ve defended these cases—and we help stores get compliant

We’ve handled multiple Kentucky vape/smoke‑shop and hemp‑retail investigations and know the playbook from controlled buys to lab reports to indictment strategy. We also advise profitable retailers on what to stock, how to document, and how to train staff to reduce risk while keeping margins healthy. For background, see our prior Journal posts:

If law enforcement contacts you or appears at your door: call (859) 474‑0001 or email brad@kycannabislawgroup.com.

If you are worried about compliance, or subject to a search warrant, call us today at (859) 474-0001.

Disclaimer

This article is for informational purposes and is not legal advice. Reading it does not create an attorney‑client relationship. Laws and enforcement priorities change; consult counsel about your specific situation.

Brad Clark
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Medical Marijuana Licensee Info as of June 3, 2025