As Congress considers a looming ban that could pull CBD products from shelves, farmers and business owners in Kentucky say the highly restrictive regulations could kill the already-burdened industry.
September’s continuing resolution to fund the federal government delayed the 2025 hemp ban, which prohibits medicinal cannabidiol, or CBD, products with more than 0.4 milligrams of THC, or tetrahydrocannabinol.
For Appalachian Smoke owner Justin Darnell, the ban would be the “first nail in the coffin” for his business, which also sells kratom and nicotine products out of its Salyersville storefront.
The CBD products he offers, some or many of which would be prohibited under the change, allow relief options to a wide range of patients.
“A lot of people use the delta products to help alleviate pain, to help them sleep, joint pain, headaches, back pain, help sleep, help reduce anxiety, like me,” Darnell told WEKU. “People use them as harm reduction. I think most of the products at Appalachian Smoke are a great alternative to harder substances.”
Darnell said about 30% of his business relies on the sale of hemp products. State regulations already dictate what he can stock, and the shop owner said he would like fewer government hurdles for those seeking alternative methods of relief.
Kentuckians have been farming hemp since at least the 1770s, and it’s now a licensed crop in the state with an industry valued at more than $330 million in 2025, according to one industry group.
While politicians on both sides of the aisle have vocally championed the state’s hemp industry, it has faced setbacks in recent years.
None of the licenses for cannabis cultivation rolled out under Kentucky’s medical marijuana program went to the state’s hemp farmers. Several criticized the state lottery process, claiming they were shut out of the licensing despite being best equipped to quickly stand up cannabis growing operations.
At a news conference earlier this month, Democratic Gov. Andy Beshear called on the state’s congressional delegation to act and prevent the ban from taking effect in December.
“I hope that Congress gets its act together and does not crater our hemp industry,” Beshear said Sept. 3. “There are plenty of uses for hemp, we see them all over Kentucky. This is an industry and a crop that is important to us.”
Small hemp business owners and farmers agree. Darnell’s smoke shop has been so successful, he’s been able to open a coffee shop nearby.
“To reduce sales by that much would reduce the hours of the employees,” Darnell said of the potential effects of the ban. “I might lose some employees because they're going to be losing hours, commission, bonuses, so potentially one or multiple people could be out of work.”
Farmer Laura Freeman grows hemp in Winchester at her longtime operation, Mt. Folly. Her daughter, Alice, encouraged Freeman, who has been in agriculture since the 80s, to pursue a hemp license for the business.
“I said, ‘Alice, do you mean you're going to grow rope?’ And she said, ‘No, there’s definitely a fiber program, but we're going to get into the grain program,’ and so I signed the paper, and we were in the hemp grain business,” Freeman said of taking the leap.
Their operations have since grown beyond grain to full-spectrum CBD, and while the ban would not affect other parts of her farming operation, Freeman said it could cut down her hemp business to about 25% of what it is now. Despite this, she doesn’t wholesale oppose regulation.
“To me, it was pretty black and white: You got to have regulation,” Freeman said. “It's got to be close to the plant, which is 2 milligrams, milligram and a half (of THC), something like that.”
It’s unclear if Congress is willing to reconsider the ban, however. In July, U.S. Rep. Andy Barr sponsored a bill that would regulate the industry in a less sweeping fashion. That legislation remains in the House Committee on Ways and Means.
Appalachian Smoke’s Darnell said those looking to hollow out the medicinal market for hemp-derived products misunderstand what it offers individuals with ailments and chronic pain.
“Have some empathy,” he said. “Understand that while these products might not be for you, they are for a lot of people, and they do help a lot of people.”
