The cap is 5mg per 12 ounce serving. If a product contains 2.5 mg or less of adult-use cannabinoids, such as THC, per serving and has a 15:1 ratio or greater of non-intoxicating cannabinoids to adult-use cannabinoids it can be sold to the general public without regulation.

The state has an in-state permit program and an out-of-state registration/product registration structure. Fees are $1,000 for out-of-state producers importing into the state. Product registration is where most of the information will be provided: https://redcap.chfs.ky.gov/surveys/?s=Y39LYTYADX3YNHFD.

Hemp beverages must go through the three-tier system. Tier separation is required, meaning manufacturers cannot hold distributor or retailer licenses, and vice versa. Some limited self-distribution allowed with quarterly reporting. Licsensing, including DTC, can be found here: https://abcportal.ky.gov/BelleExternal/.

Y. Product registration is required.

New product registrations must be filed if there is a change in formula, change in serving size or directions for use, or a change to the label. Here is the registry: https://redcap.chfs.ky.gov/surveys/?s=Y39LYTYADX3YNHFD

The state has started to require excipient disclosure during the product label registration process. The state has confirmed this in conversations with us that the target is the emulsions given the potential risk of allergen disclosure issues.

State label guidance: https://www.chfs.ky.gov/agencies/dph/dphps/fsb/Documents/Incorrect_CorrectCannabinoidContainingProductLabels.pdf

See also 902 KAR 045:190 and KRS 217.037.

Labeling restrictions: (a) Any cartoon images; (b) Likeness to images, characters, or phrases that are popularly used to advertise to children; (c) Likeness to or imitation of any commercially available candy, snack, baked good, or beverage packaging or labeling; (d) The terms "candy" or "candies", or any variation in the spelling of these words; or (e) The logo of the department or cabinet, or any seal, flag, crest, coat of arms, or other insignia that could reasonably mislead any person to believe the product has been endorsed, manufactured, or used by any state, county, or municipality or any agency thereof, excluding the use of seals associated with state or federal programs used in accordance with state or federal law and regulations. Cartoon is defined as any drawing or other depiction of an object, person, animal, creature, or any similar caricature that satisfies any of the following criteria: (a) The use of comically exaggerated features; (b) The attribution of human characteristics to animals, plants or other objects, or the similar use of anthropomorphic technique; or (c) The attribution of unnatural or extra-human abilities, such as imperviousness to pain or injury, X-ray vision, tunneling at very high speeds, or transformation.

Labeling must include: For hemp-derived cannabinoid ingestible and inhalable products, potency shall be labeled as milligrams per serving for total tetrahydrocannabinol and the primary cannabinoid marketed, as applicable; and milligrams per package for total tetrahydrocannabinol and the primary cannabinoids marketed; and (b) Other hemp-derived cannabinoids labeled milligrams per gram (mg/g) per serving, excluding cosmetics, and milligrams per package, if listed on the label.

CAN BE BEHIND QR CODE:

These statements are: (a) "Warning: Contains THC"; (b) "This product is intended for use by adults 21 years and older. Keep out of reach of children"; (c) "There may be health risks associated with the consumption of this product"; (d) "There may be additional health risks associated with the consumption of this product for those who are pregnant, nursing, or plan to become pregnant"; (e) "The intoxicating effects of this product may be delayed by two or more hours"; (f) "May cause drowsiness or impairment. Do not drive a motor vehicle or operate machinery while using this product"; and (g) "Use of this product may result in a positive drug screen".