(1) Notwithstanding any other provision of law to the contrary, it is lawful for a licensee, or his or her agent, to cultivate, handle, or process hemp or hemp products in the Commonwealth.
(2) It is unlawful for a person who does not hold a license issued by the department, or who is not an agent of a licensee, to cultivate, handle, process, or market living hemp plants or viable seeds, leaf materials, or floral materials derived from hemp. Penalties for persons who cultivate, handle, process, or market living hemp plants or viable seeds, leaf materials, or floral materials derived from hemp without a license are the same as those penalties that are applicable to persons who violate KRS Chapter 218A, relating to marijuana.
(3) It is unlawful for a person who does not hold a license issued by the department, or who is not an agent of a licensee, to possess hemp extract material having a delta-9 tetrahydrocannabinol concentration in excess of three-tenths of one percent (0.3%). Penalties for persons who possess such hemp extract materials without a license are the same as those penalties that are applicable to persons who violate KRS Chapter 218A, relating to marijuana.
(4) Nothing in this chapter authorizes any person to violate any federal or state law or regulation. Effective: February 10, 2020 History: Amended 2020 Ky. Acts ch. 1, sec. 5, effective February 10, 2020. -- Created 2017 Ky. Acts ch. 45, sec. 3, effective March 20, 2017.
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 2019–2021 · leading case:
United States v. Mallory, 372 F. Supp. 3d 377 (2019).
United States v. Mallory, 372 F. Supp. 3d 377 (2019).
“" Ky. Rev. Stat. § 260.858(2). In this case, however, the United States contends that Defendants violated the CSA because they obtained the seeds without a DEA registration number and, thus, were not authorized under the CSA's definition of "marihuana" to manufacture,…”
United States v. Mark Lundy (6th Cir. 2021).
“This was unlawful, see Ky. Rev. Stat. Ann. § 260.858 , and met the terms of Subsection (b)(6)(B).”
Onyx & Rose, LLC v. T1 Payments, LLC (W.D. Ky. 2019).
“See KRS 260.858(3) (“It is unlawful for a person who does not hold a license issued by the department, or who is not an agent of a licensee, to cultivate, handle, process, or market living industrial hemp plants or viable seeds, leaf materials, or floral materials derived from…”
United States v. Mallory (S.D.W. Va 2019).
“” Ky. Rev. Stat. § 260.858(2). In this case, however, the United States contends that Defendants violated the CSA because they obtained the seeds without a DEA registration number and, thus, were not authorized under the CSA’s definition of “marihuana” to manufacture,…”
Ky. Rev. Stat. § 260.858(2): 2 cases
United States v. Mallory, 372 F. Supp. 3d 377 (2019).
“" Ky. Rev. Stat. § 260.858(2). In this case, however, the United States contends that Defendants violated the CSA because they obtained the seeds without a DEA registration number and, thus, were not authorized under the CSA's definition of "marihuana" to manufacture,…”
United States v. Mallory (S.D.W. Va 2019).
“” Ky. Rev. Stat. § 260.858(2). In this case, however, the United States contends that Defendants violated the CSA because they obtained the seeds without a DEA registration number and, thus, were not authorized under the CSA’s definition of “marihuana” to manufacture,…”
Ky. Rev. Stat. § 260.858(3): 1 case
Onyx & Rose, LLC v. T1 Payments, LLC (W.D. Ky. 2019).
“See KRS 260.858(3) (“It is unlawful for a person who does not hold a license issued by the department, or who is not an agent of a licensee, to cultivate, handle, process, or market living industrial hemp plants or viable seeds, leaf materials, or floral materials derived from…”
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