26RS HB 895

House Bill 895

Actions

Last Action	03/04/26: to Committee on Committees (H)
Title	AN ACT relating to the regulation of psychoactive substances.
Bill Documents	Introduced
Bill Request Number	1643
Sponsor	A. Gentry
Summary of Original Version	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.
Index Headings of Original Version	State Agencies - Department of Psychoactive Substances, hemp products, cannabis, and kratom, regulation Substance Use - Hemp products, cannabis, and kratom, Department of Psychoactive Substances, regulation Trade Practices And Retailing - Hemp products, cannabis, and kratom, Department of Psychoactive Substances, regulation Administrative Regulations And Proceedings - Department of Psychoactive Substances, hemp products, cannabis, and kratom, regulation Agriculture - Hemp products and cannabis, Department of Psychoactive Substances, regulation Boards And Commissions - Department of Psychoactive Substances, hemp products, cannabis, and kratom, regulation Cannabis - Hemp products and cannabis, Department of Psychoactive Substances, regulation Drugs And Medicines - Hemp products, cannabis, and kratom, Department of Psychoactive Substances, regulation Fees - Hemp products, cannabis, and kratom, Department of Psychoactive Substances, licensing Foods And Beverages - Cannabis-infused beverages, Department of Psychoactive Substances, regulation Licensing - Hemp products, cannabis, and kratom, Department of Psychoactive Substances, market participants Sales - Hemp products, cannabis, and kratom, Department of Psychoactive Substances, regulation State Agencies - Department of Agriculture, hemp program, modification State Agencies - Department of Alcoholic Beverage Control, cannabis-infused beverages, removal