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Bill > HB895


KY HB895

KY HB895
AN ACT relating to the regulation of psychoactive substances.


summary

Introduced
03/04/2026
In Committee
03/11/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

Establish KRS Chapter 239 and create new sections to establish the Department of Psychoactive Substances; define terms; make the department responsible for the oversight, regulation, and enforcement of cannabis, kratom, and designated hemp products; grant the department jurisdiction over regulated products and regulated adult-use products, which are a type of regulated products that include lawful products with psychoactive effects meant for human consumption; set out the functions, powers, and duties of the department, including the creation of a Regulated Products Control Board; establish hemp and kratom divisions within the department and the categories for licensure; authorize the department to promulgate administrative regulations, limit numbers of licenses, and set licensing fees; establish procedures for license denial, suspension, and revocation, and other disciplinary matters; prohibit use of regulated adult-use products by anyone under 21; move control over cannabis-infused beverages and direct shippers of regulated adult-use products from the Department of Alcoholic Beverage Control to the Department of Psychoactive Substances; create the Kentucky hemp fund and the Department of Psychoactive Substances fund; establish laboratory and testing standards and procedures; exempt designated persons from prosecution or discipline, including attorneys who represent those affiliated with regulated adult-use products; amend KRS 12.020 and 12.252 to place the Department of Psychoactive Substances in the Public Protection Cabinet; amend KRS 217.039 to move regulation of hemp-derived cannabinoids and manufacturers of cannabis-infused beverages to the Department of Psychoactive Substances from the Department for Public Health; amend KRS 2.015, 138.870, 218A.010, 218B.010, 218B.015, 218B.090, 260.852, 260.858, 260.862, 260.8635, and various sections of KRS Chapters 241 to 244 to conform; require the Department of Agriculture, Department for Public Health, and Department of Alcoholic Beverage Control to transfer relevant licensee data to the Department of Psychoactive Substances; repeal KRS 243.401, 243.403, and 243.405.

AI Summary

This bill establishes the Department of Psychoactive Substances to oversee, regulate, and enforce laws related to cannabis, kratom, and designated hemp products. The department will be responsible for licensing, setting product standards, and ensuring compliance with regulations for "regulated products" and "regulated adult-use products," which are defined as products intended for human consumption with psychoactive effects. The bill also moves the regulation of cannabis-infused beverages and direct shippers of regulated adult-use products from the Department of Alcoholic Beverage Control to the new Department of Psychoactive Substances. It sets age restrictions, prohibiting the use of regulated adult-use products by individuals under 21, and establishes various licensing categories, fees, and procedures for denial, suspension, and revocation of licenses. Additionally, the bill creates the Kentucky hemp fund and the Department of Psychoactive Substances fund, outlines laboratory and testing standards, and provides exemptions from prosecution for certain individuals, such as attorneys representing those involved with regulated adult-use products. The Department of Psychoactive Substances will be placed within the Public Protection Cabinet, and relevant data will be transferred from other state agencies.

Committee Categories

Labor and Employment

Sponsors (1)

Last Action

to Licensing, Occupations, & Administrative Regulations (H) (on 03/11/2026)

bill text


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