RELATES TO: KRS 260.850-260.869, 7 U.S.C. 5940
NECESSITY, FUNCTION, AND CONFORMITY: KRS 260.862(1)(a)
authorizes the department to promulgate administrative regulations for any
industrial hemp research pilot program in the Commonwealth of Kentucky. This
administrative regulation establishes classes or categories of industrial hemp
products that are prohibited for sale, transfer, or distribution to members of
the public.
Section 1. Products Not to
be Sold to Members of the Public.
(1) The
following hemp-derived products shall not be manufactured:
(a) Hemp cigarettes;
(b) Hemp cigars;
(c) Chew, dip, or other smokeless material
consisting of hemp leaf material or hemp floral material; and
(d) Hemp leaf material or floral material
teas.
(2) The following
hemp-derived products shall not be marketed, sold, or distributed to any person
in Kentucky who does not hold a license from the department, or any person
outside the Commonwealth (but within the United States) who is not authorized
by an institution of higher education, or state department of agriculture
pursuant to 7 U.S.C.
5940 and the laws of that state:
(a) Whole hemp buds;
(b) Ground hemp floral material;
(c) Ground hemp leaf material; and
(d) Any hemp product with a delta-9-THC
concentration in excess of zero and three-tenths (0.3) percent.
(3) If the department finds that
it is more likely than not that a person has manufactured, marketed, sold, or
distributed a hemp-derived product in violation of this administrative
regulation, the department shall assess a civil monetary penalty against that
person of not less than $100 and not more than $1,000 per violation, in
addition to possible termination of the grower licensing agreement or processor
or handler licensing agreement.
