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kentucky

kentucky marijuana laws 

After several weeks of frustrating delays, the Kentucky House Judiciary Committee finally held a vote on a medical cannabis bill on March 6, 2019, with less than a week remaining in the legislative session. The result was overwhelming — a 16-1 vote in favor of HB 136. ​

 

In 2014, Kentucky Gov. Steve Beshear signed S.B. 124 into law. This bill intended to provide individuals suffering from intractable seizure disorders with access to cannabidiol (CBD) derived from marijuana. All individuals are permitted to possess and use CBD oil derived from hemp. Medical approval is required to possess and use CBD oil derived from marijuana.

 

Kentucky laws do not allow for the cultivation or manufacturing of medical marijuna. An industrial hemp license can be acquired through the Kentucky Department of Agriculture.

 

The Kentucky Department of Agriculture (KDA) is conducting an Industrial Hemp Research Pilot Program as authorized by KRS 260.850-260.869, and 7 U.S.C.§ 5940 (also known as Section 7606 of the 2014 Farm Bill).  No person can grow, handle, broker, or process industrial hemp in Kentucky without a license issued by the KDA. 

  1. Key Dates

Hemp Grower License Applications accepted for 5 months with deadline of March 15, 2020.

 

  1. Application Fees/Start up costs

There are no licenses available at this time for medical marijuana.

 

KDA Industrial Hemp pilot program fees are:

  • $200 for paper applications (nonrefundable; does NOT apply to Licensing Fee) Not required for on-line applications

  • License fees for hemp grower in $400.00

  • Processor/Handler license fees:

  • Handlers - $500 annual fee An example of a “handler” includes any private lab

  • or service provider, such as a seed cleaner.

  • Fiber Processor - $500 annual fee

  • Grain Processor - $500 annual fee

  • Floral Material Processor - $3,000 annual fee

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  1. Available License Types

There are no licenses available at this time for medical marijuana.

 

Individuals and businesses who would like to be considered for a license to grow, handle, process, or market hemp must submit the appropriate license application to KDA Hemp Program. 

  1. Qualifying Conditions

S.B. 124 provided individuals suffering from intractable seizure disorders with safe, legal access to cannabidiol (CBD) derived from marijuana. Patients must obtain a written order for CBD from a physician practicing at a hospital or associated clinic affiliated with a Kentucky public university having a college or school of medicine. 

  1. History 

In 2013, Kentucky passed Senate Bill 50, which permitted industrial hemp cultivation programs to begin in Kentucky. In 2014, Gov. Steve Beshear signed Senate Bill 124 into law, intended to allow individuals suffering from intractable seizure to access CBD oil derived from marijuana.  In January 2019, state lawmakers introduced House Bill 136 to legalize medical marijuana in the state. The bill failed to pass before Kentucky’s 2019 General Assembly session adjourned.

 

Kentucky laws do not allow for the cultivation or manufacturing of medical marijuana. An industrial hemp license can be acquired through the Kentucky Department of Agriculture. The KDA is conducting an Industrial Hemp Research Pilot Program as authorized by KRS 260.850-260.869, and 7 U.S.C.§ 5940 (also known as Section 7606 of the 2014 Farm Bill).  No person can grow, handle, broker, or process industrial hemp in Kentucky without a license issued by the KDA. 

 

Other State Information:

  1. Estimated market size i.e. population and financial 

  2. The market for industrial hemp and CBD derived from hemp is growing in Kentucky.  The 2018 Processor Production Reports revealed that licensed hemp processors paid Kentucky growers $17.75 million last year and the creation of 281 new full-time jobs. The licensed processors also reported capital investments of $23.4 million and gross product sales of $57.75 million for 2018. 

 

In 2015, over 900 acres were planted and about 500 were successfully harvested.  In 2016 KDA had reports of over 2,300 acres planted and about 2,000 acres harvested. The 2017 growing season saw another increase in hemp acreage in Kentucky with more than 3,200 acres planted. In 2018, licensed growers planted 6,700 acres and harvested about 6,000 acres.

  1. Amount/types of licenses issued/available

The KDA maintains a list of active hemp license holders in the State. Adult use/medical/CBD only/ALL/none

There is currently no legislation legalizing adult-use marijuana. 

 

All individuals are permitted to possess and use cannabidiol (CBD) oil derived from hemp.

 

Medical approval is required to possess and use CBD oil derived from marijuana, and no medical marijuana dispensaries or cultivation is permitted by the state. Secretary of State Alison Lundergan Grimes got involved with the medical cannabis effort in late 2017, when she joined a working group with legislators and advocates to help advance the issue, and U.S. Senator Rand Paul added his support for the effort in March 2018. Gov. Matt Bevin was elected governor in 2015 after he expressed support for medical cannabis on the campaign trail. Although he has not shown much leadership on the issue, he has repeatedly said that he will sign a medical cannabis bill if it reaches his desk.

Estimated market size

The Substance Abuse and Mental Health Services Administration estimates that Kentucky has 107,144 marijuana smokers with a $142 million marijuana market size.

how to start a marijuana business kentucky

If you are just starting your marijuana business, the next best step is to start a Business Plan to help educate your team and be ready to apply for a marijuana business license. If you are ready to apply for a Marijuana Business License in Kentucky, please Contact us or call our offices to set an appointment to get started. You can also select another State Opportunity, or fill out our Contact Form to discuss potential strategies such as Investment or Partnership Opportunities. 

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