New Laws on THC-Infused Beverages and Data Rights in Kentucky

THC-infused beverages displayed in a retail store

Louisville, December 30, 2025

Effective January 1, 2026, Kentucky will implement new laws regulating THC-infused beverages and enhancing consumer rights over online data. The regulations will restrict sales of cannabis-infused beverages to licensed retail stores and introduce limits on THC content. Additionally, the Kentucky Consumer Data Protection Act will empower residents with greater control over their online personal information.

Louisville, Kentucky: New Laws on THC-Infused Beverages and Online Data Rights Take Effect January 1, 2026

Louisville, Kentucky – Starting January 1, 2026, several new laws will be implemented in Kentucky, impacting the sale of THC-infused beverages and enhancing consumer rights over online data.

THC-Infused Beverage Regulations

Under Senate Bill 202, Kentucky has established a comprehensive regulatory framework for cannabis-infused beverages (CIBs). Key provisions include:

  • Sales Restrictions: CIBs can only be sold by the package at licensed retail stores. Sales by the drink at bars, restaurants, and events are prohibited after January 1, 2026. Previously, sales by the drink were permitted at fairs and festivals until this date.
  • Product Limits: Each CIB must contain no more than 5 milligrams of intoxicating adult-use cannabinoids per 12 ounces.
  • Licensing Requirements: Manufacturers, distributors, and retailers must obtain specific licenses from the Kentucky Department of Alcoholic Beverage Control (ABC).
  • Direct-to-Consumer Shipping: Manufacturers can ship CIBs directly to consumers, provided they have a CIB Shipping license from ABC. Shipments are limited to ten cases per customer per month.

Consumer Data Privacy Enhancements

The Kentucky Consumer Data Protection Act, effective in 2026, grants residents greater control over their personal information online. Provisions include:

  • Access and Control: Consumers can request access to, correction of, and deletion of their personal data held by businesses.
  • Opt-Out Rights: Individuals can opt out of targeted advertising, the sale of their personal data, and certain automated decision-making processes.
  • Business Obligations: Companies must provide accessible methods for consumers to exercise these rights.

Background Context

Senate Bill 202, signed into law in March 2025, aimed to regulate the emerging market of cannabis-infused beverages in Kentucky. The legislation established a three-tier distribution system similar to that of alcohol, involving manufacturers, distributors, and retailers. It also imposed an excise tax on CIBs and set product potency limits to ensure consumer safety.

The Kentucky Consumer Data Protection Act reflects a growing national trend toward enhancing consumer privacy rights in the digital age. By granting individuals more control over their personal information, the law seeks to promote transparency and trust between consumers and businesses operating online.

Conclusion

As of January 1, 2026, Kentucky will usher in significant changes to its regulatory landscape concerning THC-infused beverages and consumer data privacy. These new laws not only aim to promote safety and consumer rights but also reflect the commitment of Kentucky to adapt to evolving market conditions. Engaging in these discussions is crucial for local entrepreneurs and consumers alike as they navigate this dynamic landscape. Supporting local businesses and advocating for responsible regulatory practices will be essential to fostering a vibrant Louisville economy.

Frequently Asked Questions (FAQ)

What is Senate Bill 202?

Senate Bill 202 is a Kentucky law that establishes regulations for cannabis-infused beverages, including sales restrictions, product limits, licensing requirements, and direct-to-consumer shipping provisions.

When do the new laws take effect?

The new laws, including those related to THC-infused beverages and consumer data privacy, will take effect on January 1, 2026.

What are the sales restrictions for THC-infused beverages?

After January 1, 2026, THC-infused beverages can only be sold by the package at licensed retail stores. Sales by the drink at bars, restaurants, and events are prohibited.

What are the product limits for THC-infused beverages?

Each THC-infused beverage must contain no more than 5 milligrams of intoxicating adult-use cannabinoids per 12 ounces.

What are the licensing requirements for THC-infused beverages?

Manufacturers, distributors, and retailers must obtain specific licenses from the Kentucky Department of Alcoholic Beverage Control (ABC) to produce, distribute, and sell THC-infused beverages.

Can manufacturers ship THC-infused beverages directly to consumers?

Yes, manufacturers can ship THC-infused beverages directly to consumers, provided they have a CIB Shipping license from ABC. Shipments are limited to ten cases per customer per month.

What is the Kentucky Consumer Data Protection Act?

The Kentucky Consumer Data Protection Act is a law that grants residents greater control over their personal information online, including rights to access, correct, delete, and opt out of certain data practices.

When does the Kentucky Consumer Data Protection Act take effect?

The Kentucky Consumer Data Protection Act will take effect on January 1, 2026.

What rights do consumers have under the Kentucky Consumer Data Protection Act?

Consumers can request access to, correction of, and deletion of their personal data held by businesses. They can also opt out of targeted advertising, the sale of their personal data, and certain automated decision-making processes.

Key Features Summary

Feature Description
Sales Restrictions CIBs can only be sold by the package at licensed retail stores; sales by the drink are prohibited.
Product Limits Must contain no more than 5mg adult-use cannabinoids per 12 ounces.
Licensing Requirements Specific licenses needed from the Kentucky Department of ABC.
Direct-to-Consumer Shipping Ten cases per customer per month allowed with appropriate license.
Consumer Data Rights Access, correction, deletion, and opt-out rights over personal data.

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