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UNOFFICIAL COPY 26 RS BR 1841
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AN ACT relating to hemp-derived vapor products. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 438 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Hemp-derived vapor product" means a vapor product containing delta -8 6
tetrahydrocannabinol or delta -9 tetrahydrocannabino l that is derived from 7
hemp, as defined in KRS 260.850; 8
(b) "Retailer" means any person who sells hemp -derived vapor products to a 9
consumer for any purpose other than resale; and 10
(c) 1. "Vapor product" means any noncombustible product that employs a 11
heating element, battery, power source, electronic circuit, or other 12
electronic, chemical, or mechanical means, regardless of shape or size 13
and including the component parts and accessories th ereto, that can 14
be used to deliver vaporized hemp or other substances to users 15
inhaling from the device. 16
2. "Vapor product" includes but is not limited to vape pens, disposable 17
vapes, pod systems, pod mods, or similar products or devices and every 18
variation thereof, regardless of whether marketed as such, and any 19
vapor cartridge or other container of a liquid solution or other 20
material that is intended to be used with or in vape pens, disposable 21
vapes, pod systems, pod mods, or other similar products or devices. 22
(2) (a) A retailer shall notify a consumer placing an order for any hemp -derived 23
vapor product that the shipment or delivery shall not be completed unless 24
the recipient of the shipment or delivery provides a valid identification 25
document at the time of the shipment or delivery verifying that the recipient 26
is at least twenty-one (21) years of age. 27
UNOFFICIAL COPY 26 RS BR 1841
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(b) All hemp -derived vapor product containers shipped or delivered to a 1
consumer shall be conspicuously labeled with the words: "CONTAINS 2
HEMP-DERIVED VAPOR PRODUCTS: SIGNATURE OF PERSON AGE 3
21 OR OLDER REQUIRED FOR DELIVERY". 4
(3) At the time of delivery, the recipient of the shipment or delivery shall present to 5
the individual delivering the package a valid identification document. Prior to 6
transferring posse ssion of the package, the individual delivering the package 7
shall visually inspect the document and verify the identity of the recipient and, by 8
visual examination or by using age verification technology, that the recipient is at 9
least twenty-one (21) years of age. 10
(4) Before transferring possession of the package, the individual delivering the 11
package shall obtain the signature of the recipient of the shipment or delivery. 12
The individual who receives and signs for the hemp -derived vapor product is not 13
required to be the consumer who purchased the hemp-derived vapor product. 14
(5) A retailer or common or private carrier that fails to comply with this section 15
shall: 16
(a) For the first offense, be guilty of a violation punishable by a fine of one 17
thousand five hundred dollars ($1,500); and 18
(b) For each subsequent offense, be guilty of a violation punishable by a fine of 19
three thousand dollars ($3,000). 20
(6) (a) A consumer who intentionally causes an unlawful shipment or delivery 21
under this section shall: 22
1. For the first offense, be guilty of a violation punishable by a fine of 23
seven hundred fifty dollars ($750); and 24
2. For each subsequent offense, be guilty of a violation punishable by a 25
fine of one thousand five hundred dollars ($1,500). 26
(b) The retailer and the c ommon or private carrier shall not be liable for a 27
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BR184100.100 - 1841 - XXXX 1/23/2026 10:53 AM Jacketed
violation of this subsection. 1
(7) If a common or private carrier is unable to complete delivery under this section, 2
the hemp-derived vapor products shall be returned to the retailer. 3