Kentucky’s 2025 Vape Legislation and THCa Enforcement: What You Need to Know

Written By Lucas Nelson

Kentucky’s vaping laws are in flux, with new proposals aiming to either undo last year’s restrictions or tighten enforcement further. At the same time, the state has begun quietly cracking down on THCa hemp products, leaving many retailers uncertain about their legal risks. With these rapid changes, what does the future hold for Kentucky’s vape and hemp industries?

(See the image above for Kentucky's official retail compliance guidelines.)

Kentucky’s 2025 Vape Laws: New Restrictions or Repeal?

Kentucky lawmakers are deeply divided on vaping policy. Some are advocating for more regulations, while others want to reverse recent restrictions. Here are the key bills shaping Kentucky’s vaping industry this year:

Will Kentucky’s 2024 Vape Law Be Suspended? (HB 62 & SB 269)

  • Sponsored by: Rep. Savannah Maddox and others (HB 62) / Sen. Aaron Reed (SB 269)

  • Summary: These bills seek to pause the implementation of Kentucky’s 2024 vaping regulations until the U.S. Supreme Court rules on FDA v. Triton, a case involving federal vape laws.

  • Impact: If passed, Kentucky’s strict new vape restrictions would be temporarily put on hold.

  • Status: Both bills are in committee (House Licensing & Occupations and Senate Licensing & Occupations).

House Bill 63: Could Kentucky’s Vape Law Be Repealed?

  • Sponsored by: Rep. Savannah Maddox and others

  • Summary: This bill would completely repeal Kentucky’s vape law, removing stricter licensing and sales regulations.

  • Impact: Would eliminate compliance burdens for vape retailers and reverse last year’s changes.

  • Status: In committee (House Licensing & Occupations).

Senate Bill 100: New Vape Licensing Requirements

  • Sponsored by: Sens. Whitney Westerfield and Stephen West

  • Summary: Requires all vape and tobacco retailers in Kentucky to obtain a state license, enforced by the Department of Alcoholic Beverage Control.

  • Impact: Would create statewide licensing for vape shops and impose new penalties for non-compliance.

  • Status: Passed in the Senate, awaiting House approval.

Juul Settlement Funds & Vape Prevention Programs (HB 187 & HB 218)

  • Sponsored by: Various lawmakers

  • Summary: These bills would allocate $14 million from a lawsuit against Juul to fund youth vaping prevention and law enforcement efforts.

  • Impact: Would finance anti-vaping education and potential enforcement crackdowns.

  • Status: Both are in the House Appropriations & Revenue Committee.

THCa Crackdown in Kentucky: What It Means for Retailers & Consumers

Kentucky is tightening its stance on THCa hemp products, introducing new limits that could significantly impact retailers and consumers. Here’s what you need to know:

New THCa Regulations in Kentucky

  • New THC Limits: All hemp products must contain 5% or less total THC post-decarboxylation (i.e., after being heated).

  • Effect: This effectively bans high-THCa hemp flower and concentrates, which often convert into high-THC products when smoked or vaporized.

(See the image above for Kentucky's official retail compliance guidelines.)

How Is Kentucky Enforcing the THCa Ban?

  • Regulatory Authority: The Cabinet for Health and Family Services is responsible for overseeing compliance, using its authority under 902 KAR 45:012E.

  • Retailer Obligations: Businesses must register and remove non-compliant THCa products, or face fines, product seizures, or criminal penalties.

What Retailers Need to Know

  • Retailer Permits Required: Businesses must register with the Cabinet for Health and Family Services.

  • Strict Security & Packaging Rules: Tamper-proof, child-resistant packaging is mandatory, and marketing must not appeal to minors.

  • Age Restriction Strictly Enforced: Sales to anyone under 21 are illegal.

Is Kentucky Already Enforcing the THCa Ban?

  • No major reported raids or lawsuits—yet.

  • Kentucky has a history of cracking down on hemp-derived THC (e.g., delta-8 raids in 2021).

  • Retailers selling high-THCa products should prepare for possible enforcement actions.

Will Kentucky’s THCa Ban Face Legal Challenges?

  • Other states like Virginia and Tennessee have faced legal battles over THCa bans.

  • If Kentucky enforces these rules aggressively, court challenges from the hemp industry are likely.

What’s Next? Key Issues to Watch

The vape industry and hemp retailers in Kentucky face major uncertainty as lawmakers and regulators push competing agendas. Here are the key developments to watch in 2025:

✔ Will lawmakers repeal or pause Kentucky’s strict 2024 vape law? (HB 62, HB 63, SB 269)
✔ Will new vape shop licensing and compliance rules take effect? (SB 100 could pass soon.)
✔ Will Kentucky begin aggressive enforcement of its THCa ban? (So far, enforcement has been light, but that could change.)

For now, vape retailers, hemp businesses, and consumers should stay informed and prepare for potential legal battles. If you have questions about compliance or regulatory risks, consulting an attorney before enforcement ramps up is a smart move.

Need Legal Guidance?

Our firm closely follows Kentucky’s vape and hemp regulations. If you need help navigating licensing requirements, compliance issues, or enforcement actions, contact us today at (859) 474-0001 for expert legal guidance.

Lucas Nelson
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