Kentucky Cannabis Regulations
Legal for Medical Use OnlyRegulatory Agency: Office of Medical Cannabis (OMC) ·
Cannabis Landscape Overview
Kentucky legalized medical cannabis in 2023 when Governor Andy Beshear signed SB 47 into law. The Kentucky Office of Medical Cannabis (OMC) was established to administer the program, with patient sales beginning in 2025. Kentucky's program allows patients with qualifying conditions—including cancer, chronic pain, epilepsy, multiple sclerosis, PTSD, and terminal illness—to access medical cannabis products through licensed dispensaries.
As of 2026, the program is in its early operational phase with licensed cultivators, processors, and dispensaries serving registered patients. Patients may possess up to a specified amount and must obtain a written certification from a licensed physician. Home cultivation is not permitted. The OMC maintains a patient registry and oversees all aspects of the supply chain from cultivation to point of sale.
Packaging Requirements
General Packaging Standards
- All cannabis products must be sold in child-resistant packaging meeting CPSC standards
- Packaging must be tamper-evident with a seal that clearly shows if the package has been opened
- Opaque packaging required—product must not be visible through the container
- Packaging may not use images, colors, or designs that are attractive to minors
- No resemblance to commercially available food, candy, or beverage products
Dispensary Exit Packaging
- Products must leave the dispensary in an opaque, child-resistant exit bag
- Exit bags must be sealed and labeled with the dispensary name
Labeling Requirements
Mandatory Label Information
- Product name and cannabis product type
- THC and CBD content per dose and per package
- Total net weight or volume
- Batch number and harvest/manufacture date
- Expiration date
- Name and license number of cultivator, processor, and dispensary
- Complete ingredient list for manufactured products
- Kentucky medical cannabis program symbol
Required Warnings
- "For use only by a registered qualified patient"
- "Keep out of reach of children"
- "May cause drowsiness or impairment—do not operate a vehicle or heavy machinery"
- "Not approved by the FDA for any medical condition"
Advertising Rules
Kentucky restricts advertising of medical cannabis to protect minors and prevent misleading claims. Licensees may not advertise on television, radio, or in publications where more than 30% of the audience is reasonably expected to be under 21. No advertising within 500 feet of schools, playgrounds, or youth centers. All advertising must include the licensee's name, license number, and a statement that cannabis is for registered patients only. Unsubstantiated health claims are prohibited. Digital advertising must incorporate age-gating.
Licensing Overview
The OMC issues licenses for cultivators, processors, dispensaries, and safety compliance facilities (testing labs). Kentucky sets license caps based on population and geographic distribution to ensure statewide access. Applicants must submit detailed business plans, demonstrate financial viability, pass criminal background checks, and comply with local zoning ordinances. License fees and annual renewal fees are set by the OMC. All licensees must participate in the state's seed-to-sale tracking system and submit to regular compliance inspections.
Cannabis Taxes in Kentucky (2026)
Kentucky cannabis businesses collect and remit multiple overlapping taxes. Below is a summary of the rates that apply to retail cannabis sales as of 2026. Regulatory agency: Kentucky Office of Medical Cannabis.
- Excise tax: No cannabis excise tax (medical program launched 2025)
- Sales tax: 6% state sales tax applies to medical cannabis
- Local cannabis tax: No additional local cannabis tax
- Medical exemption: Kentucky is medical-only as of 2026; all sales are to qualifying patients
- Effective combined rate: 6% medical
Kentucky medical sales began in 2025 following the 2023 enactment of SB 47.
Frequently Asked Questions
Is cannabis legal in Kentucky?
Kentucky legalized medical cannabis in 2023 through Senate Bill 47, with sales expected to begin in 2025. The program allows qualifying patients to access cannabis products through licensed dispensaries.
Recreational cannabis remains illegal in Kentucky. The state has long been a major hemp producer and was among the first to embrace hemp cultivation after the 2014 Farm Bill.
What are the packaging requirements in Kentucky?
Kentucky's medical cannabis program requires products in child-resistant, tamper-evident, and opaque packaging. Packaging must not appeal to minors or resemble commercially available candy or food.
All packaging must meet ASTM child-resistance standards and be designed to protect products from contamination.
What are the labeling requirements in Kentucky?
Kentucky medical cannabis labels must include THC and CBD content, a universal cannabis symbol, batch number, expiration date, health warnings, and the licensee name and number.
Labels must include dosing instructions, an ingredient list for processed products, and a "For Medical Use Only" designation.
What are the advertising restrictions in Kentucky?
Kentucky restricts medical cannabis advertising to media where a substantial majority of the audience is 21 or older. Ads may not target minors or make unsubstantiated health claims.
Billboard and broadcast advertising near schools is prohibited. All ads must include a state-mandated health warning.
How do I get a cannabis license in Kentucky?
Cannabis licenses in Kentucky are issued by the Cabinet for Health and Family Services. License types include cultivator, processor, producer, and dispensary.
Applications require detailed business plans, financial documentation, security plans, and background checks. The state has set limits on the number of licenses available.
Are promotional products allowed for cannabis businesses in Kentucky?
Kentucky's medical cannabis program restricts promotional materials. Branded merchandise must not appeal to minors and cannot be used as purchase incentives.
B2B branded products for trade shows and industry events are expected to be permissible. Custom packaging and branded accessories can support brand recognition within regulatory limits.
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