Bill regulating cannabis-infused drinks passes in Kentucky Senate: Here’s what it would change

FRANKFORT, Ky. (FOX 56) — A bill that would regulate cannabis-infused beverages passed on Friday in the Kentucky Senate.

On Friday, senators voted to advance Senate Bill 202 in a 29-6 decision.

The bill spells out what qualifies as a “cannabis-infused beverage” and sets the limit on the level of cannabinoids a drink can contain to five milligrams. Sen. Julie Raque Adams R-Louisville, who sponsored SB 202, said there are several cannaboid products with non-intoxicating properties that the bill does not limit.

“These cannabis-infused beverages are the result of a loophole in the 2018 federal farm bill that reauthorized the growing of hemp in our country,” Sen. Adams said. “It didn’t take long for someone to quickly figure out you can extract the THC and that’s the delta-9 and put it in a whole host of products.”

The legislature reportedly calls on the University of Kentucky Cannabis Center to research the production, testing, distribution, sale, and consumer effects of cannabis-infused drinks on the community.

Critics of SB 202 said it makes sense for THC and cannabis-infused drinks to be regulated, but questions emerged about the bill’s effect on Kentucky’s economy.

“I think that most everyone would agree there’s got to be regulations in place,” Said Sen. Cassie Chambers Armstrong, D-Louisville, who voted against the bill. “I’m all for that. I think they should be regulated, taxed and made sure that we continue to put sections in place that only adults are getting these beverages.”

Cannabis advocates in the Commonwealth, such as members of Kentucky NORML, said that hemp beverages are currently regulated and approved by the Cabinet for Health and Family Services (CHFS) under state law. Under SB 202, however, the drinks would fall under the authority of the Department of Alcoholic Beverage Control (ABC).

“Banning these products isn’t just bad policy—it’s an economic gut punch to farmers, small businesses, and local economies across the state,” said Matthew Bratcher, Executive Director of Kentucky NORML, Government Relations Committee member of Hemp Beverage Alliance, and State Regulations Committee for the National Cannabis Industry Association.

Sen. Gary Boswell, R-Owensboro, said products with THC that go over the federal limit should be confiscated.

“If you give them an inch, they’ll take a mile. Suddenly, the products that exceed the federal law on THC content have flooded our market,” Sen. Boswell said. “I believe that all these illegal products should be confiscated. No bill’s perfect.”

Next, SB 202 will head to the Kentucky House of Representatives for debate.