The War on Hemp: Kentucky Claims a Battle, but the War Rages On in Virginia and Beyond
A Recent Win in Kentucky Hemp Regulations Offers Lessons for Ongoing Battles in Virginia and Other States
Greetings, dedicated reader, I have another victory to report for this ongoing “War on Hemp” series. Today we're diving into some intriguing developments out of Kentucky that could serve as a pivotal example for states like Virginia, where the hemp battle is still very much alive.
Before we dig in, if you need to catch up, check out last weeks post here , and make sure you’re subscribed of course, because there is plenty more battles and victories to come.
This Battle Victory Goes to the Commonwealth of Kentucky
This legislative session Kentucky passed and enacted HB 544, leading to emergency regulations concerning adult hemp-derived cannabinoid products, including Delta-8. While these regulations were presented as necessary, it's worth questioning the true intent, or especially given similar moves all across the USA that seem to favor major stakeholders over the little guys.
We needed a Hero, several of them, but only a few stepped up to the plate with the time, resources, and connections to make a change. That hero in this battle was the U.S. Hemp Roundtable, who engaged in constructive dialogue with the Kentucky Department for Public Health (KDPH) and were able to successfully advocate for meaningful changes.
What Transpired in Kentucky
The U.S. Hemp Roundtable had multiple discussions with KDPH and submitted formal comments. Their advocacy led to the adoption of most of their recommendations, which include:
A hemp-derived product must contain no more than 2.5mg of an adult-use cannabinoid per serving, along with a 25 to 1 non-intoxicating to adult-use cannabinoid ratio, to qualify as non-intoxicating. This is a significant shift from the previous guidelines, where any amount of THC could have been classified as adult-use.
The age restriction of 21 or older now applies only to adult-use cannabinoid products.
The prohibition against adding caffeine to hemp-derived products has been lifted.
Other non-intoxicating cannabinoids can now be added to ingestible products sold at food service establishments.
Individuals aged 18 to 21 can work in a hemp processing or manufacturing facility if supervised by someone 21 or older.
Special packaging and adult-signature requirements for adult-use products have been eliminated.
Implications for Virginia and Beyond
The developments in Kentucky could serve as a valuable blueprint for states like Virginia, where similar regulatory battles are underway. The Kentucky example demonstrates the power of collective advocacy and how it can lead to more balanced and reasonable regulations. Given the pending legal cases in Virginia, the time is ripe for applying these lessons.
Areas for Further Advocacy
While these changes are a step in the right direction, there are still areas that require attention. For instance, the 25 to 1 ratio is not universally accepted as ideal, and the addition of alcohol to the list of prohibited substances raises new questions. However, another opportunity to submit comments to KDPH is on the horizon, so the advocacy work continues.
The fight is far from over.
While Kentucky may have won this battle, the war on hemp rages on. It's up to us—the advocates, the activists, and the underdogs—to keep pushing for fair regulations that don't just serve the interests of major stakeholders.
The struggle continues, and we're not backing down.
Find out where your elected reps are siding with for this war on hemp at the US Hemp Roundtable advocacy portal here.