Stakeholders ask for more Delta-9 THC regulations in Kentucky

FRANKFORT, Ky. (LRC PIO) — Delta-9 products are legal in Kentucky – if you’re at least 21 years old – but some hemp industry stakeholders want the products to be further regulated.

Rep. Ruth Ann Palumbo, D-Lexington, asks a question about hemp-derived intoxicating beverages during Thursday’s Interim Joint Committee.Photo byLRC Public Information

The Interim Joint Committee on Licensing, Occupations and Administrative Regulations discussed the issue Thursday. Jennifer Doering, general manager for Chas Seligman Distributing Co., said Delta-9 infused beverages need more regulations in Kentucky since they are intoxicating products.

“What we’re here to talk to you about is putting a little more regulation around these products because they are intoxicating and they don’t fall under the umbrella of the ABC,” Doering said.

In 2023, the Kentucky General Assembly passed legislation to put an age limit on hemp-derived products and to require testing and labeling requirements. The bill also gave the Cabinet for Health and Family Services the ability to develop administrative regulations for the products.

Joshua Mulberry, vice president of Kentucky for Heidelberg Distributing Co., said Kentucky’s current regulations are not adequate.

“There’s a registration process versus like a licensure, so there’s not as much checks and balances when it comes to what actually ends up in the marketplace,” Mulberry said. “So there are, unfortunately, examples of products that maybe aren’t registered or accounts that have not gone through the proper process.”

Bringing Kentucky law on intoxicating hemp-derived products into “parity” with rules on alcoholic beverages is something the legislature should consider, Mulberry said.

A licensing process, limiting the products to certain retailers and requiring more enforcement are some of the suggestions Mulberry and the other stakeholders made.

However, not everyone in the Kentucky hemp industry is on board with changing the current regulations. Hemp retailer and Kentucky Hemp Association board member Dee Dee Taylor said there is no reason hemp-derived beverages should be limited to liquor stores.

“The reason being is the cabinet has established regulations,” she said. “They have inspectors. I’ve already had one come out to my establishment.”

Lawmakers had many questions following the presentation. Rep. Ruth Ann Palumbo, D-Lexington, asked if the intoxicating hemp-derived products are sold in convenience stores.

Doering said convenience stores do sell the products but stock them next to alcoholic beverages.

Committee co-chair Sen. John Schickel, R-Union, wanted to know more about “reasonable regulations.”

Doering said Kentucky should move regulation for hemp-derived intoxicating beverages from the Cabinet from Health and Family Services to Alcoholic Beverage Control (ABC).

Rep. Al Gentry, D-Louisville, said he is open to finding ways to better regulate hemp products.

“I don’t know what the exact or the best way is to do that,” he said, adding he wants to know more about the intoxicating effects of these products.

Mulberry said the level of THC in one Delta-9 beverage is akin to a beer.

“You’re talking two or three of these before you have any effects that you would feel,” Mulberry said, adding some products have a higher level making them more intoxicating.

Not every hemp-derived product is intoxicating, committee co-chair Rep. Matthew Koch, R-Paris, said.

“We’re not talking about something that doesn’t have an intoxicating effect,” he said. “These very much do … These are in very much a gray area, I could say, right now. And what we’re talking about is how do we put these for consumer protection on the market.”