Kentucky Representative Alan Gentry, a Democrat from Louisville representing District 46, has introduced HB895, a bill that would create a “Department of Psychoactive Substances” that will regulate legal psychoactives like kratom and hemp byproducts.
Kentucky’s HB895 shares a nearly identical regulatory philosophy with Czech Republic’s Psychomodulatory Substances program (primarily established through the Psychomodulatory Substances Act of 2024): transitioning from a “legal gray area” or prohibition to a strictly regulated market for low-risk psychoactive substances like plain leaf kratom and low-THC cannabis.
Like the Czech program that centralized control under a new State Agency for Psychoactive Substances in August 2025 that handles import permits and maintains a registry of approved products, HB895 proposes establishing the Department of Psychoactive Substances within the Public Protection Cabinet. This department would have centralized jurisdiction over cannabis, kratom, and designated hemp products. It would also assume control over cannabis-infused beverages from the Department of Alcoholic Beverage Control. Like the Czech program, HB895 would use high licensing fees to manage market participants, and place regulatory requirements on retail establishments selling psychoactive products. Both programs also require lab testings of products, restrict sales to minors, and place restrictions on advertising.
Gentry has introduced several bills aimed at reducing the impact of the criminal justice system on non-violent offenders, including “Ban the Box” legislation that prevents employers from inquiring about criminal history, and cannabis decriminalization . HB895 fits into this pattern by moving psychoactive substances from a prohibition to a regulatory model, which prevents adult users from being criminalized for simple possession.
By establishing a Regulated Products Control Board and mandatory laboratory testing standards, Gentry is likely attempting to address the “legal gray area” of products currently sold in gas stations and smoke shops for the purposes of public safety.
As a member of the Licensing and Occupations Committee, Gentry likely introduced HB895 to streamline multiple fragmented enforcement agencies. For instance, the Department of Alcoholic Beverage Control (ABC) regulates cannabis-infused beverages, while the Department of Agriculture handles hemp, and the Department for Public Health manages hemp-derived cannabinoids. Under a single Department of Psychoactive Substances, the bill seeks to improve efficiency and enforcement.
Given Gentry’s background as an entrepreneur and his membership on the Economic Development & Workforce Investment Committee, he may view the formal regulation of substances like kratom and adult-use cannabis as a way to generate state revenue through licensing fees and taxes while creating new business opportunities within a legal framework.
Gentry has introduced a suite of related bills this session, including a constitutional amendment for adult-use cannabis (HB199), medical cannabis enhancements (HB401), and a reduction in hemp license fees (HB896). Introducing HB895 appears to be the capstone of a strategic effort to provide a comprehensive, modern regulatory framework for all psychoactive substances in Kentucky.