Kentucky SB 223: AN ACT proposing an amendment to Section 145 of the Constitution of Kentucky relating to restoration of rights.

Bill Text

UNOFFICIAL COPY 26 RS SB 223/GA
Page 1 of 24
SB022310.100 - 1523 - XXXX 3/20/2026 11:17 AM GA
AN ACT relating to the regulation of cannabis-infused beverages. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 243 IS CREATED TO 3
READ AS FOLLOWS: 4
The holder of a cannabis-infused beverage distributor's license may, in wet territory: 5
(1) Sell and serve cannabis-infused beverages to consumers at bars, restaurants, 6
fairs, and festivals; and 7
(2) With a sampling license, serve complimentary samples of cannabis-infused 8
beverages to consumers on licensed premises and at bars, restaurants, fairs, and 9
festivals, not to exceed twelve (12) ounces per person, per day. 10
SECTION 2. A NEW SECTION OF KRS CHAPTER 243 IS CREATED TO 11
READ AS FOLLOWS: 12
(1) The department may issue a nonquota cannabis-infused beverage drink license 13
as a supplemental license as set forth in this section. 14
(2) (a) A nonquota cannabis-infused beverage drink license may be issued by the 15
department as a supplemental license for a retail drink licensee listed in 16
paragraph (b) of this subsection, if the licensed premises is located within: 17
1. A wet territory; or 18
2. Any precinct that has authorized the sale of alcoholic beverages under 19
KRS 242.1242. 20
(b) A nonquota cannabis-infused beverage drink license shall authorize the 21
licensee to sell cannabis-infused beverages by the drink and may be issued 22
as a supplemental license to a cannabis-infused beverage manufacturer 23
permitted by the Department for Public Health or the holder of a: 24
1. Quota retail drink license; 25
2. Nonquota type 1 retail drink license; 26
3. Nonquota type 2 retail drink license; 27

UNOFFICIAL COPY 26 RS SB 223/GA
Page 2 of 24
SB022310.100 - 1523 - XXXX 3/20/2026 11:17 AM GA
4. Nonquota type 3 retail drink license; 1
5. Nonquota type 4 retail drink license; 2
6. Special temporary license; 3
7. Special Sunday retail drink license; 4
8. Caterer’s license; 5
9. Entertainment destination center license; 6
10. Limited restaurant license; 7
11. Limited golf course license; or 8
12. Qualified historic site license. 9
(c) Licensees identified in paragraph (b) of this subsection shall purchase 10
cannabis-infused beverages only from licensed cannabis-infused beverage 11
distributors or cannabis-infused beverage manufacturers authorized to self-12
distribute. 13
(3) A nonquota retail cannabis-infused beverage package license may be issued by 14
the department as a supplemental license to a retailer that holds a permit to 15
operate a hemp retail establishment issued by the Cabinet for Health and Family 16
Services, provided the retailer derives at least seventy percent (70%) of its revenue 17
from hemp products and meets the criteria outlined in subsection (2)(a) of this 18
section. 19
Section 3. KRS 243.0307 is amended to read as follows: 20
(1) A sampling license may be issued to the holder of: 21
(a) A quota retail drink license; 22
(b) A quota retail package license; 23
(c) A nonquota retail malt beverage package license; 24
(d) An NQ1 license; 25
(e) An NQ2 license; 26
(f) An NQ4 retail malt beverage drink license;[ or] 27

UNOFFICIAL COPY 26 RS SB 223/GA
Page 3 of 24
SB022310.100 - 1523 - XXXX 3/20/2026 11:17 AM GA
(g) A distiller's license; 1
(h) A cannabis-infused beverage retail package license; or 2
(i) A nonquota cannabis-infused beverage drink license. 3
(2) A sampling license shall authorize the licensee to allow customers to sample, free 4
of charge, distilled spirits, wine,[ and] malt beverages, and cannabis-infused 5
beverages under the following conditions: 6
(a) Except as provided in Sections 1 and 2 of this Act, sampling shall be 7
permitted only on licensed premises and by licensees holding a sampling 8
license, during regular business hours; 9
(b) A distillery shall provide samples as authorized by KRS 243.0305; 10
(c) All other licensees shall limit a customer to: 11
1. One (1) ounce of distilled spirits samples per day; 12
2. Six (6) ounces of wine samples per day;[ or] 13
3. Twelve (12) ounces of malt beverage samples per day; or 14
4. Twelve (12) ounces of cannabis-infused beverage samples per day;[ 15
and] 16
(d) A brewer, microbrewery, or out-of-state malt beverage supplier may conduct 17
a sampling of malt beverages as permitted by this section at the licensed 18
premises of a retailer licensee holding a sampling license; and 19
(e) A cannabis-infused beverage manufacturer permitted by the Department for 20
Public Health or the holder of a cannabis-infused beverage distributor's 21
license may conduct a sampling of cannabis-infused beverages as permitted 22
by this section at the licensed premises of a retailer licensee holding a 23
cannabis-infused beverage retail package license or a nonquota cannabis-24
infused beverage drink license. 25
(3) Retailers holding a sampling license shall: 26
(a) Notify the Department of Alcoholic Beverage Control at l