Kentucky Cannabis & Substances Laws (2026)
A comprehensive legal reference for cannabis & substances in the state of Kentucky. This guide covers current statutes, penalties, and restrictions for 7 different categories.
CBD Products
LEGALKentucky permits hemp-derived CBD products with less than 0.3% Delta-9 THC under the Kentucky Industrial Hemp Program. The state requires licensing, testing, and labeling compliance for CBD products.
Possession
Legal to possess hemp-derived CBD products with less than 0.3% Delta-9 THC.
Sale
Sale is legal with proper licensing and compliance with testing and labeling requirements.
Penalties
N/A
Age Restriction
18+ to purchase CBD products.
Delta-8 THC
RESTRICTEDKentucky allows hemp-derived cannabinoids but prohibits Delta-8 THC products that exceed 0.3% delta-9 THC or are not properly licensed. The Kentucky Department of Agriculture regulates hemp products, and unlicensed Delta-8 products are considered illegal.
Possession
Possession of licensed hemp-derived Delta-8 products under 0.3% delta-9 THC is allowed.
Retail Sale
Sale requires state licensing; unlicensed Delta-8 products are illegal.
Penalties
Unlicensed sale or possession can result in fines or misdemeanor charges under KRS Chapter 218A.
Age Restriction
21+
Delta-9 THC Edibles
LEGALHemp-derived Delta-9 THC edibles (under 0.3% THC by dry weight) are legal in Kentucky under the 2018 Farm Bill. Kentucky established a medical cannabis program in 2023, and in 2026, new bills (HB9, SB223) were introduced to further regulate and tax cannabis-infused beverages and other hemp-derive...
Possession
Legal under 0.3% THC by dry weight
Retail Sale
Legal at retail and online
Penalties
Products exceeding 0.3% THC are treated as marijuana.
Age Restriction
21+ in most jurisdictions
Kratom
RESTRICTEDKratom is legal in Kentucky. There are no state statutes banning or regulating kratom. Possession and sale are permitted without restrictions or age limits.
Possession
Legal to possess without restriction.
Sale
Legal to sell and purchase without restriction.
Penalties
N/A
Age Restriction
None
Psilocybin / Magic Mushrooms
ILLEGALKentucky classifies psilocybin as a Schedule I controlled substance under Kentucky Revised Statutes (KRS) 218A.140. Possession, sale, and manufacture of psilocybin mushrooms are illegal statewide.
Possession
Illegal to possess any amount of psilocybin mushrooms.
Distribution
Illegal to sell or distribute psilocybin mushrooms.
Penalties
Felony charges with imprisonment and fines for possession and trafficking.
Age Restriction
None (illegal for all ages).
Recreational Marijuana
ILLEGALRecreational marijuana is illegal in Kentucky. No significant legislative changes since 2023.
Personal Possession
Illegal. Possession of 8 oz or less is a Class B misdemeanor (up to 45 days jail, $250 fine). Over 8 oz is a Class D felony. Kentucky passed a medical marijuana law in 2023 with sales expected in 2025.
Retail Purchase
Illegal for recreational purposes. Distribution is a Class D felony (1-5 years). Sale to a minor is a Class C felony.
Penalties
Under 8 oz: Class B misdemeanor, up to 45 days, $250 fine. Over 8 oz: Class D felony, 1-5 years. Over 5 lbs: Class C felony, 5-10 years.
Age Restriction
N/A
Salvia
ILLEGALSalvia divinorum is a controlled or banned substance in Kentucky. Kentucky enforces its ban on Salvia.
Possession
Illegal. Salvia divinorum is classified as a controlled substance in Kentucky. Possession is a criminal offense.
Sale
Illegal. Sale and distribution of salvia is prohibited in Kentucky.
Penalties
Misdemeanor or felony charges depending on state classification.
Age Restriction
N/A