In November 2022, Kentucky Gov. Andy Beshear signed two executive orders, one to allow Kentuckians with qualifying medical conditions to legally purchase and use cannabis, and another to regulate the sale of delta-8 THC.
The executive order to regulate delta-8 came after the Boone Circuit Court entered into a permanent injunction in August 2022, prohibiting state police from placing any criminal enforcement action on individuals who possess products that contain delta-8 THC.
In Beshear’s executive order, he declared that delta-8 is a derivative of hemp and is legal in the state. However, he added that a regulatory structure must be in place for delta-8 products, Cannabis Business Times reported.
“Right now, there are no checks on how it is packaged and sold. We must establish a regulatory structure to ensure that delta-8 is sold and purchased safely in the commonwealth,” Beshear said in a press release.
And Beshear is following up on his November statement: He signed House Bill 544 into law March 23, which requires individuals to be 21 years or older to purchase delta-8 and also requires retailers to keep such products covered behind the counter to prevent these products from being stolen or getting in the hands of children, according to the bill text.
The measure also implements several packaging, labeling and testing regulations for delta-8, such as products must be tested for contaminants, and product packaging cannot make any health claims and must have a tamper-evident seal. Product labels also must list the ingredients, manufacturer or distributor, instructions to ingest, serving size, and more, according to the bill.
Kentucky is also on track to legalize medical cannabis this year, as the Senate approved Senate Bill 47 March 16 in a 26-11 vote. The Republican-sponsored measure “would establish a medical cannabis program and permit practitioners to grant their patients access to medical cannabis if they think they could benefit from it. S.B. 47 outlines a specific list of qualifying conditions, including cancer, multiple sclerosis, chronic pain, epilepsy, chronic nausea and post-traumatic stress disorder,” CBT reported.
