August 18, 2023

USHR Submits Comments On Kentucky’s Draft Regulations For Delta-8 THC Products

If you’ve been following our industry updates, you’ll recall that Kentucky recently became the first state to establish regulations for the sale of adult hemp-derived cannabinoid products, such as delta-8 THC. This came as a result of HB 544, which we celebrated as strong legislation that would ensure intoxicating hemp products are regulated and kept out of the hands of minors. 

While diligently crafted, the emergency regulation poses a number of concerns that could severely stifle the industry. After careful consideration and collective input from stakeholders and consumers, the U.S. Hemp Roundtable submitted formal comments regarding the new regulations to the Kentucky Department for Public Health (KDPH).

As our comments state, we fear that under a literal reading of the regulation’s definition of “adult-use cannabinoid,” products with any amount of THC would be treated akin to delta-8, regardless of whether the product is actually intoxicating. This would sweep in thousands of popular non-intoxicating hemp-derived products such as CBD and full-spectrum hemp extracts. Such a reading would have a devastating impact on Kentucky’s hemp farmers and its non-intoxicating hemp product industry. We strongly recommend adjustments to ensure appropriate treatment of non-impairing products.

Additionally, we provided feedback on the regulation’s proposed manufacturing, testing, packaging, labeling, and retail sales requirements for all hemp-derived cannabinoid products.

“We look forward to continuing a close working relationship with the Kentucky Department of Public Health and are hopeful our ongoing engagement will result in a regulatory framework that protects non-intoxicating hemp products while strictly regulating adult-use cannabinoids,” said U.S. Hemp Roundtable General Counsel, Jonathan Miller.  

All written comments are due to the KDPH by September 30th and a public hearing is scheduled for September 25th. If you are a hemp industry stakeholder or consumer in Kentucky, we encourage you to submit your own comments below! 

Check out these previous updates on Kentucky Delta-8 Regulations

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