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Hemp-derived drinks with intoxicating effects are on shelves in Kentucky — with surprisingly minimal regulation

LRC Public Information

Hemp-derived beverages with intoxicating properties are being sold in Kentucky with little in the way of regulation — compared to other psychoactive substances and drinks. Lawmakers are considering how they might go about regulating the relatively new products.

You might have already seen the drinks on sale at places like liquor or vape stores under labels such as "THC- or D9-infused" beverages.

Adam Klein with Floral Beverages, a seller, says the products occupy a gray area in the law, and businesses are actually seeking more regulation and clarity from the General Assembly.

"Where we are today, this is a new category. This is a new type of product that is out in the marketplace. It is growing quickly because there is consumer interest in this, but we just don't have quite the same safeguards that we need to keep people safe," he told a panel of legislators.

As for the effect the products produce, Klein described it this way.

"The level of THC in these 2.5 milligrams. That would be akin to like a beer, more or less... even maybe a little bit less than that. So you're talking two or three of these before you have any effects that you would feel," he explained.

There are some guardrails in place, however.

2023's HB 544 established minimum rules for intoxicating hemp-derived products — such age 21+ age restrictions, testing, and labeling requirements. But the regulations aren't on par with alcoholic beverages, and that's what concerned producers want to see, especially when it comes to the enforcement end.

The issue could be one that comes up in the next legislative session in 2025.

Josh James fell in love with college radio at Western Kentucky University's student station, New Rock 92 (now Revolution 91.7). After working as a DJ and program director, he knew he wanted to come home to Lexington and try his hand in public radio.