On January 28, 2025, the Kentucky Office of Medical Cannabis (OMC) issued a technical advisory clarifying that it is prohibited to include hemp as an ingredient (including hemp extract) in medical cannabis products.
Kentucky law expressly excludes hemp and hemp-derived products from the definitions of “medicinal cannabis” and “medicinal cannabis product.” Instead, hemp is regulated by Kentucky’s Department of Agriculture (cultivation) and Department of Public Health (retail) and is not subject to the same regulatory requirements as medical cannabis, including the state’s track-and-trace system.
In the published guidance, OMC notes that botanically derived terpenes (not derived from hemp/cannabis) may be used in the creation, development, and production of medical cannabis products sold in Kentucky, provided licensees comply with all applicable regulations, including proper documentation in the state’s seed-to-sale tracking system and on product packaging.
Additionally, the advisory states that licensed cultivators and processors may conduct both medical cannabis and hemp operations at the same licensed location, provided they comply with regulatory requirements. This includes maintaining a written plan to ensure the activities remain strictly separated.
If your business has questions about permissible ingredients in medical cannabis products, or assistance with developing a compliance plan to keep medical cannabis and hemp operations in the same location separate, please reach out.
