243.401 Department to regulate distribution and retail sale of cannabis-infused

345 words·~2 min read·/ky/243-401

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

beverages -- Conditions for sale -- Sales to persons under age 21 prohibited --

Permitted activities by manufacturers -- Shipping and delivery.

(a)The distribution and retail sale of cannabis-infused beverages shall be

regulated solely by the Department of Alcoholic Beverage Control. The

department shall adopt and exclusively enforce the administrative regulations

of the Department for Public Health relating to the distribution and retail sale

of cannabis-infused beverages until such time as the Department of Alcoholic

Beverage Control promulgates its own administrative regulations on the

subject on or before July 1, 2026.

(b)The distribution and retail sale of packaged cannabis-infused beverages shall

be regulated by the department. On or before July 1, 2026, the department

shall promulgate administrative regulations in accordance with KRS Chapter

13A to establish the rules and procedures for this distribution and retail sale.

(c)A local administrator shall only have authority over the distribution and retail

sale of cannabis-infused beverages in its territory to the extent expressly

authorized by KRS Chapters 241 to 244.

(2)Cannabis-infused beverages shall only be available for retail sale:

(a)By the package;

(b)In wet territory; and

(c)By the holder of both a quota retail package license and a cannabis-infused

beverage retail package license.

(3)A person under twenty-one

(21)years of age shall not purchase or consume

cannabis-infused beverages. All restrictions and offenses related to minors and

alcoholic beverages in KRS Chapters 241 to 244 shall also apply in the same

manner to minors and cannabis-infused beverages.

(4)If approved as a cannabis-infused beverage manufacturer by the Department for

Public Health, that manufacturer may:

(a)Self-distribute cannabis-infused beverages in the same manner as distilled

spirits; and

(b)Ship cannabis-infused beverages under a direct shipper license in the same

manner that a direct shipper license allows the shipment of alcoholic

beverages. A direct shipper licensee may sell or ship to a consumer all types

of alcoholic beverages and cannabis-infused beverages that the licensee is

authorized to sell.

(5)Cannabis-infused beverages may be shipped and delivered in the same manner as

alcoholic beverages.