In Kentucky, recreational cannabis is illegal, medical cannabis is legal, and delta-8 THC is legal.
Last verified October 24, 2026 · Last major change October 2026
Illegal. Illegal; Kentucky has not decriminalized possession. 2026 bills to legalize possession (HB 198) or put legalization on the ballot (HB 199) received no hearing.
Legal. Program took effect Jan 2025 and sales began Dec 2025; 26 dispensaries were open on Oct 16, 2026. Smoking and home growing are banned. A rule effective Oct 20, 2026 says 15 more conditions, such as ALS and Crohn's disease, can qualify.
Dispensaries sell raw flower (labeled not for smoking), vape cartridges for patients 21 and older, concentrates and gummies; the law also allows oils, tinctures, capsules, topicals and patches. Smoking and home growing are not allowed. Limits: Raw plant material: at most 35% THC. Other products: at most 70% THC. Edibles, oils and tinctures: at most 10 mg THC per serving. 30-day supply: 112 g raw plant, 28 g concentrate, or 3,900 mg THC in infused products; a practitioner may recommend more.
Hemp products may not exceed 0.3% delta-9 THC. Intoxicating hemp products such as delta-8 must be registered and tested and sold only to adults 21+, and retailers need a state permit.
Legal. Delta-8, delta-10, HHC and THCP products may be sold to adults 21+ by retailers holding a state permit, if the products are registered and tested; hemp flower may not be sold at retail.
Possession of marijuana is a Class B misdemeanor with up to 45 days in jail and a $250 fine; possessing 8 ounces or more is evidence of intent to sell.
In danger. Federal law excludes cannabinoids the plant cannot produce naturally (such as THC-O) from hemp on Nov. 12, 2026, and converted cannabinoids such as delta-8 made from CBD, plus hemp products over 0.4 mg total THC per container, on Dec. 11, 2026, covering the delta-8 products Kentucky permits retailers to sell.
In danger on this tracker: In a state where recreational cannabis is not legal, an enacted law, court ruling or enforcement action is removing THC products adults can legally buy today.