In 2014, Kentucky removed cannabidiol from its legal definition of marijuana, meaning that the production and sale of hemp and hemp oil products were now legal. Kentucky law specifically states that CBD-oil is legal provided that the CBD was prescribed by a Kentucky physician practicing at a hospital or clinic associated with a Kentucky school of medicine. This means that both hemp-derived and cannabis-derived CBD oil is legal.
The law is totally silent on how CBD oil can be obtained. This means that any patients who are recommended CBD oil from their physician must travel to a state that both allows the sale of CBD and will recognize the physician’s authorization. Even though there are these laws, many stores in Kentucky still sell CBD products OTC. The exact legality of this practice is still unclear because of the conflicting and contradictory laws surrounding CBD at state and federal levels. Again, many employers in Kentucky have mandatory drug screenings and CBD use can make drug tests turn up positive.