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AN ACT relating to medicinal cannabis. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 218A IS CREATED TO 3
READ AS FOLLOWS: 4
For the purposes of Sections 1 to 29 of this Act, unless the context otherwise requires: 5
(1) "Bona fide practitioner-patient relationship" means a treating or consulting 6
relationship, during the course of which the practitioner has: 7
(a) Completed an initial in-person examination and assessment of the patient's 8
medical history and current medical condition; 9
(b) Consulted with the patient with respect to the possible therapeutic and 10
palliative properties of medicinal cannabis; 11
(c) Advised the patient of the possible risks and side effects associated with the 12
use of medicinal cannabis, including possible interactions between 13
medicinal cannabis and any other drug or medication that the patient is 14
taking at that time; and 15
(d) Established an expectation that he or she will provide follow-up care and 16
treatment to the patient; 17
(2) "Cannabis business" means a cultivator, dispensary, processor, producer, or a 18
safety compliance facility licensed under this chapter; 19
(3) "Cannabis business agent" means a principal officer, board member, employee, 20
volunteer, or agent of a cannabis business; 21
(4) "Cardholder" means: 22
(a) A registered qualified patient, designated caregiver, or visiting qualified 23
patient who has applied for, obtained, and possesses a valid registry 24
identification card issued by the department as required by this chapter; or 25
(b) A visiting qualified patient who has obtained and possesses a valid registry 26
identification card, or its equivalent, that was issued pursuant to the laws of 27 UNOFFICIAL COPY 23 RS BR 1003
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another state, district, territory, commonwealth, or insular possession of the 1
United States that allows the person to use cannabis for medicinal purposes 2
in the jurisdiction of issuance; 3
(5) "Cultivator" means an entity licensed under this chapter that cultivates, harvests, 4
and delivers raw plant material to another cultivator, dispensary, processor, 5
producer, or safety compliance facility; 6
(6) "Cultivator agent" means a principal officer, board member, employee, 7
volunteer, or agent of a cultivator; 8
(7) "Department" means the Department of Alcoholic Beverage and Cannabis 9
Control or its successor agency; 10
(8) "Designated caregiver" means a person who has registered as such with the 11
department as required by this chapter; 12
(9) "Dispensary" means an entity licensed under this chapter that acquires, 13
possesses, delivers, transfers, transports, sells, supplies, or dispenses medicinal 14
cannabis to cardholders; 15
(10) "Dispensary agent" means a principal officer, board member, employee, 16
volunteer, or agent of a dispensary; 17
(11) "Disqualifying felony offense" means: 18
(a) A felony offense that would classify the person as a violent offender under 19
KRS 439.3401; or 20
(b) A violation of a state or federal controlled substance law that was classified 21
as a felony in the jurisdiction where the person was convicted, except: 22
1. An offense for which the sentence, including any term of probation, 23
incarceration, or supervised release, was completed five (5) or more 24
years earlier; or 25
2. An offense that consisted of conduct for which Sections 1 to 29 of this 26
Act would likely have prevented a conviction, but the conduct either 27 UNOFFICIAL COPY 23 RS BR 1003
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occurred prior to the enactment of Sections 1 to 29 of this Act or was 1
prosecuted by an authority other than the Commonwealth of 2
Kentucky; 3
(12) "Enclosed, locked facility" means an indoor growing space such as a room, 4
greenhouse, building, or other indoor enclosed area that is maintained and 5
operated by a cultivator or producer and is equipped with locks and other security 6
devices that permit only authorized access by agents of the cultivator or producer, 7
as required by the department; 8
(13) "Gross receipts" means all amounts received in money, credits, property, or other 9
money's worth in any form, by a cannabis business; 10
(14) "Growth area" means the same as an enclosed, locked facility; 11
(15) "Marijuana" has the same meaning as in Section 32 of this Act; 12
(16) "Medicinal cannabis" means marijuana as defined in Section 32 of this Act 13
when cultivated, harvested, processed, produced, transported, dispensed, 14
distributed, sold, possessed, or used in accordance with Sections 1 to 29 of this 15
Act. The term "medicinal cannabis" includes medicinal cannabis products and 16
raw plant material; 17
(17) "Medicinal cannabis accessories" means any equipment, product, or material of 18
any kind which is used, intended for use, or designed for use in the preparing, 19
storing, using, or consuming medicinal cannabis in accordance with Sections 1 to 20
29 of this Act; 21
(18)_"Medicinal cannabis product" means any compound, manufacture, salt, 22
derivative, mixture, or preparation of any part of the plant Cannabis sp., its seeds 23
or its resin; or any compound, mixture, or preparation which contains any 24
quantity of these substances when cultivated, harvested, processed, produced, 25
transported, dispensed, distributed, sold, possessed, or used in accordance with 26
Sections 1 to 29 of this Act; 27 UNOFFICIAL COPY 23 RS BR 1003
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(19) "Minor" means a person less than eighteen (18) years of age; 1
(20) "Pharmacist" means the same as in KRS 315.010; 2
(21) "Practitioner" means a physician or an advanced practice registered nurse who 3
is authorized to prescribe controlled substances under KRS 314.042, who is 4
authorized by a state licensing board to provide written certifications pursuant to 5
Section 9 of this Act; 6
(22) "Processor" means an entity licensed under this chapter that acquires raw plant 7
material from a cultivator in order to prepare, trim, manipulate, blend, 8
manufacture, or otherwise modify the raw plant material, and package products 9
containing or derived from the raw plant material for sale to a licensed 10
dispensary; 11
(23) "Processor agent" means a principal officer, board member, employee, 12
volunteer, or agent of a processor; 13
(24) "Producer" means an entity licensed under this chapter that is permitted to 14
operate as and engage in the permitted activities of both a cultivator and 15
processor; 16
(25) "Producer agent" means a principal officer, board member, employee, volunteer, 17
or agent of a producer; 18
(26) "Qualified patient" means a person who has obtained a written certification from 19
a practitioner with whom he or she has a bona fide practitioner-patient 20
relationship; 21
(27) "Raw plant material" means the trichome-covered part of the female plant 22
Cannabis sp. or any mixture of shredded leaves, stems, seeds, and flowers of the 23
Cannabis sp. plant; 24
(28) "Registered qualified patient" means a qualified patient who has applied for, 25
obtained, and possesses a valid registry identification card or provisional 26
licensure receipt issued by the department; 27 UNOFFICIAL COPY 23 RS BR 1003
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(29) "Registry identification card" means a document issued by the department that 1
identifies a person as a qualified patient, visiting qualified patient, or designated 2
caregiver; 3
(30) "Safety compliance facility" means an entity licensed under this chapter that 4
provides at least one (1) of the following services: 5
(a) Testing medicinal cannabis produced by a cannabis business licensed under 6
this chapter; or 7
(b) Training cardholders and cannabis business agents; 8
(31) "Safety compliance facility agent" means a principal officer, board member, 9
employee, volunteer, or agent of a safety compliance facility; 10
(32) "Seedling" means a cannabis plant that has no flowers and is taller than eight 11
(8) inches; 12
(33) "Smoking" means the inhalation of smoke produced from the combustion of raw 13
plant material when ignited by a flame; 14
(34) "State licensing board" means any of the following: 15
(a) The Kentucky Board of Medical Licensure; and 16
(b) The Kentucky Board of Nursing; 17
(35) "Use of medicinal cannabis" or "medicinal use of cannabis" includes the 18
acquisition, administration, possession, transfer, transportation, or consumption 19
of medicinal cannabis or medicinal cannabis accessories by a cardholder in 20
accordance with Sections 1 to 29 of this Act. The terms "use of medicinal 21
cannabis" and "medicinal use of cannabis" do not include: 22
(a) Cultivation of marijuana by a cardholder; or 23
(b) The use or consumption of marijuana by smoking; 24
(36) "Visiting qualified patient" means a person who has registered as such through 25
the department as required under this chapter or who possesses a valid registry 26
identification card, or an equivalent document, that was issued pursuant to the 27 UNOFFICIAL COPY 23 RS BR 1003
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laws of another state, district, territory, commonwealth, or insular possession of 1
the United States that allows the person to use medicinal cannabis in the 2
jurisdiction of issuance; and 3
(37) "Written certification" means a document dated and signed by a practitioner, 4
that: 5
(a) States that in the practitioner's professional opinion the patient may receive 6
medical, therapeutic, or palliative benefit from the use of medicinal 7
cannabis; 8
(b) Specifies the medical condition or conditions for which the practitioner 9
believes that the patient may receive therapeutic or palliative benefit; and 10
(c) Affirms that the practitioner has a bona fide practitioner-patient 11
relationship with the patient. 12
SECTION 2. A NEW SECTION OF KRS CHAPTER 218A IS CREATED TO 13
READ AS FOLLOWS: 14
Notwithstanding any provisions of law to the contrary: 15
(1) The use of medicinal cannabis by a cardholder shall be considered lawful if done 16
in accordance with Sections 1 to 29 of this Act and any administrative regulations 17
promulgated thereunder; 18
(2) A registered qualified patient or visiting qualified patient shall not be considered 19
to be under the influence of cannabis solely because of the presence of 20
metabolites or components of cannabis that appear in insufficient concentration 21
to cause impairment; 22
(3) The acquisition, blending, cultivation, delivery, distribution, manufacturing, 23
manipulation, packaging for sale, preparation, possession, sale, testing, 24
transportation, or transfer of medicinal cannabis or medicinal cannabis 25
accessories by a cannabis business or cannabis business agent shall be 26
considered lawful if done in accordance with Sections 1 to 29 of this Act and any 27 UNOFFICIAL COPY 23 RS BR 1003
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administrative regulations promulgated thereunder; 1
(4) A practitioner shall not be subject to arrest, prosecution, or penalty in any 2
manner, or denied any right or privilege, including but not limited to a civil 3
penalty or disciplinary action by a state licensing board or by any other 4
occupational or professional licensing board, solely for providing written 5
certifications or for otherwise stating that, in the practitioner's professional 6
opinion, a patient may receive therapeutic or palliative benefit from the use of 7
medicinal cannabis, if done in accordance with Sections 1 to 29 of this Act; 8
(5) An attorney shall not be subject to arrest, prosecution, or penalty in any manner, 9
or denied any right or privilege, including but not limited to a civil penalty or 10
disciplinary action by the Kentucky Bar Association or by any other professional 11
licensing board, for providing an individual or cannabis business with legal 12
assistance related to activity that is no longer subject to criminal penalties under 13
state law pursuant to Sections 1 to 29 of this Act; 14
(6) A pharmacist shall not be subject to arrest, prosecution, or penalty in any 15
manner, or denied any right or privilege, including but not limited to a civil 16
penalty or disciplinary action by the Kentucky Board of Pharmacy or by any 17
other professional licensing board, for consulting with or providing information 18
with respect to the possible risks or side effects of medicinal cannabis, including 19
any potentially harmful or dangerous interactions between medicinal cannabis 20
and any other drug; and 21
(7) No person shall be subject to arrest, prosecution, or penalty in any manner, or 22
denied any right or privilege, including but not limited to a civil penalty or 23
disciplinary action by an occupational or professional licensing board, for 24
providing assistance or services, including but not limited to accounting services, 25
security services, or business consulting services, to any individual or cannabis 26
business related to activity that is no longer subject to criminal penalties under 27 UNOFFICIAL COPY 23 RS BR 1003
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state law pursuant to Sections 1 to 29 of this Act. 1
SECTION 3. A NEW SECTION OF KRS CHAPTER 218A IS CREATED TO 2
READ AS FOLLOWS: 3
(1) The Department of Alcoholic Beverage and Cannabis Control is hereby charged 4
with the implementation, operation, oversight, and regulation of the medicinal 5
cannabis program established in Sections 1 to 29 of this Act, and there is hereby 6
created within the department a Division of Medicinal Cannabis. The Division of 7
Medicinal Cannabis shall consist of a director and the necessary staff to fulfill its 8
statewide regulatory responsibilities. 9
(2) The department shall develop and implement a biennial accreditation process 10
based on evolving continuous quality improvement metrics to ensure best-practice 11
standards. The renewal of cannabis business licenses shall be contingent upon 12
successfully demonstrating certain minimal performance standards through the 13
accreditation process. 14
(3) (a) There is hereby established within the department a Board of Physicians 15
and Advisors which for administrative purposes shall be attached to the 16
department. 17
(b) The board shall consist of: 18
1. Seven (7) physicians or surgeons who are knowledgeable about the 19
medicinal use of cannabis and certified by the appropriate board in 20
one (1) of the following specialties: 21
a. Addiction medicine; 22
b. Anesthesiology; 23
c. Gastroenterology; 24
d. Obstetrics and gynecology; 25
e. Ophthalmology; 26
f. Optometry; 27 UNOFFICIAL COPY 23 RS BR 1003
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g. Infectious disease; 1
h. Neurology; 2
i. Oncology; 3
j. Pain management; 4
k. Pain medicine; 5
l. Pediatrics; 6
m. Physical Medicine and Rehabilitation; or 7
n. Psychiatry; 8
2. One (1) advanced practice registered nurse who is authorized to 9
prescribe controlled substances under KRS 314.042; 10
3. One (1) pharmacist licensed by the Kentucky Board of Pharmacy; and 11
4. Four (4) patient advocates. 12
(c) The commissioner of the department shall appoint members to the board. 13
Seven (7) of the members first appointed shall serve for a term of three (3) 14
years, and six (6) of the members first appointed shall serve for a term of 15
four (4) years. Thereafter, members of the board shall serve for a term of 16
four (4) years and shall be eligible for reappointment. A member of the 17
board whose term has expired may continue to serve until a successor has 18
been appointed. The commissioner and the director of the Division of 19
Medicinal Cannabis shall serve as nonvoting ex officio members of the 20
board. The commissioner shall select a chairperson from among the 21
physicians and surgeons appointed to the board. 22
(d) The board shall: 23
1. Review and recommend to the department protocols for determining 24
the amount of medicinal cannabis that shall constitute daily supply, an 25
uninterrupted ten (10) day supply, and an uninterrupted thirty (30) 26
day supply, as well as the amount of raw plant material that medicinal 27 UNOFFICIAL COPY 23 RS BR 1003
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cannabis products are considered equivalent to; 1
2. Review and recommend to the department protocols, evolving 2
continuous quality improvement metrics, and minimal performance 3
standards for the biennial accreditation process of licensed cannabis 4
businesses; 5
3. Review relevant scientific data related to the delta -9 6
tetrahydrocannabinol content limits established in subsection (2)(b) of 7
Section 19 of this Act and make recommendations to the General 8
Assembly regarding revisions to the limits as the board deems 9
appropriate; 10
4. Review relevant scientific data related to the various methods of use 11
and consumption of medicinal cannabis and make recommendations 12
to the General Assembly to approve or restrict certain methods as the 13
board deems appropriate; and 14
5. Perform other duties related to the medicinal use of cannabis upon 15
request by the commissioner of the department or the director of the 16
Division of Medicinal Cannabis. 17
(4) No later than December 1 of each year beginning in 2023, the department, in 18
consultation with the University of Kentucky College of Medicine shall submit an 19
annual report to the Legislative Research Commission. The report submitted by 20
the department shall, at a minimum, include: 21
(a) The number of applications and renewals received by the department for 22
registry identification cards for registered qualified patients, visiting 23
qualified patients, and designated caregivers, individually and collectively; 24
(b) The number of applications and renewals for registry identification cards 25
that were approved and denied by the department; 26
(c) The number of registry identification cards revoked by the department for 27 UNOFFICIAL COPY 23 RS BR 1003
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misconduct and the nature of the misconduct; 1
(d) The number of practitioners authorized to provide written certifications; 2
(e) The number of pharmacists authorized to provide consultation to 3
cardholders; 4
(f) The nature of the medical conditions for which practitioners have provided 5
written certifications; 6
(g) The number of applications and renewals received by the department for 7
cannabis business licenses; the number of cannabis business licenses issued 8
for each business type and tier; and the number of cannabis business 9
license applications and renewals that were denied by the department; 10
(h) The number of cannabis business agents employed by each type of cannabis 11
business; 12
(i) An assessment of: 13
1. The ability of cardholders in all areas of the state to obtain timely 14
affordable access to medicinal cannabis; 15
2. The evolving continuous quality improvement metrics and minimal 16
performance standards for the biennial accreditation process of 17
licensed cannabis businesses; 18
3. The effectiveness of the cultivators, processors, and producers licensed 19
under this chapter, individually and collectively, in serving the needs 20
of processors, dispensaries, and cardholders, the reasonableness of 21
their fees, whether they are generating any complaints or security 22
problems, and the sufficiency of the number operating to serve 23
processors, dispensaries, and cardholders in the Commonwealth; 24
4. The effectiveness of the dispensaries licensed under this chapter, 25
individually and collectively, in serving the needs of cardholders, 26
including the provision of educational and support services, the 27 UNOFFICIAL COPY 23 RS BR 1003
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reasonableness of their fees, whether they are generating any 1
complaints or security problems, and the sufficiency of the number 2
operating to serve cardholders in the Commonwealth; and 3
5. The effectiveness of the licensed safety compliance facilities licensed 4
under this chapter, individually and collectively, in serving the needs 5
of other cannabis businesses, including the provision of testing and 6
training services, the reasonableness of their fees, whether they are 7
generating any complaints or security problems, and the sufficiency of 8
the number operating to serve other cannabis businesses and 9
cardholders in the Commonwealth; 10
(j) The profits and expenditures by cannabis businesses, individually and 11
collectively; 12
(k) The amount of medicinal cannabis sold per month in the Commonwealth; 13
(l) The total amount of revenue for each calendar year and aggregated by prior 14
years generated from any cannabis business licensure and cardholder 15
application and renewal fees established by the department; 16
(m) The total cost of enforcement for the medicinal cannabis program at the 17
time of the report, by city, county, and overall; 18
(n) The sufficiency of the regulatory and security safeguards contained in 19
Sections 1 to 29 of this Act and adopted by the department through 20
administrative regulations to ensure that access to and use of medicinal 21
cannabis cultivated and processed in this state is provided only to 22
cardholders; 23
(o) Any recommended additions or revisions to Sections 1 to 29 of this Act or 24
administrative regulations promulgated thereunder, including those relating 25
to security, safe handling, labeling, and nomenclature; 26
(p) The results of any scientific research studies regarding the health effects of 27 UNOFFICIAL COPY 23 RS BR 1003
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cannabis; and 1
(q) Any other data requested by the Legislative Research Commission relating 2
to the medicinal cannabis program and Sections 1 to 29 of this Act. 3
(5) The department shall provide the University of Kentucky, College of Medicine 4
with all information necessary to allow collaboration with the department on the 5
preparation of this report. The University of Kentucky, College of Medicine may 6
also produce its own report regarding the medicinal cannabis program 7
established in Sections 1 to 29 of this Act which, if produced, shall be submitted 8
to the Legislative Research Commission upon completion. 9
(6) The information contained in the report described in subsection (4) of this section 10
shall be presented in a manner that does not disclose any identifying information 11
about cardholders or licensed cannabis businesses. 12
(7) Nothing in Sections 1 to 29 of this Act shall require the department to assume 13
duties in relation to the medicinal cannabis program that are more than 14
administrative in nature if federal law or a current and clear directive from the 15
federal government indicates that duties assumed by the department that are 16
more than administrative could result in federal prosecution or invalidation of 17
the medicinal cannabis program established in Sections 1 to 29 of this Act. 18
(8) If the department makes a determination that it is required by Sections 1 to 29 of 19
this Act to conduct duties that are more than administrative in nature, then it 20
shall continue to conduct duties that are administrative in nature and designate 21
or enter into a contract with a qualified nongovernmental entity to conduct any 22
duties required by Sections 1 to 29 of this Act that are more than administrative 23
in nature. The department may reimburse the state for any costs involved in 24
working with outside consultants to implement the program. 25
SECTION 4. A NEW SECTION OF KRS CHAPTER 218A IS CREATED TO 26
READ AS FOLLOWS: 27 UNOFFICIAL COPY 23 RS BR 1003
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(1) A registered qualified patient, except as provided in subsection (2) of this section, 1
shall not be subject to arrest, prosecution, or denial of any right or privilege, 2
including but not limited to a civil penalty or disciplinary action by a court or 3
occupational or professional licensing board, for the use of medicinal cannabis, 4
if the registered qualified patient does not possess more than: 5
(a) An amount of medicinal cannabis determined by the department to 6
constitute an uninterrupted thirty (30) day supply at his or her residence; 7
(b) An amount of medicinal cannabis in excess of a thirty (30) day supply at his 8
or her residence, in accordance with administrative regulations 9
promulgated pursuant to subsection (1)(c)6. of Section 28 of this Act; or 10
(c) An amount of medicinal cannabis determined by the department to 11
constitute an uninterrupted ten (10) day supply on his or her person, except 12
that an amount greater than a ten (10) day supply may be transported by a 13
registered qualified patient from a dispensary to his or her residence if the 14
medicinal cannabis is contained in a sealed package that requires at least a 15
two (2) step process for initial opening. 16
(2) A registered qualified patient who is under eighteen (18) years of age shall not be 17
permitted to possess, purchase, or acquire medicinal cannabis and shall only 18
engage in the use of medicinal cannabis with the assistance of a designated 19
caregiver who is the registered qualified patient's parent or legal guardian 20
responsible for providing consent for medical treatment. 21
(3) A visiting qualified patient shall not be subject to arrest, prosecution, or denial of 22
any right or privilege, including but not limited to civil penalty or disciplinary 23
action by a court or occupational or professional licensing board, for the use of 24
medicinal cannabis, if the visiting qualified patient does not possess more than an 25
amount of medicinal cannabis determined by the department to constitute an 26
uninterrupted ten (10) day supply on his or her person. 27 UNOFFICIAL COPY 23 RS BR 1003
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(4) A designated caregiver shall not be subject to arrest, prosecution, or denial of any 1
right or privilege, including but not limited to civil penalty or disciplinary action 2
by a court or occupational or professional licensing board, for: 3
(a) Assisting a registered qualified patient to whom the designated caregiver is 4
connected through the department's registration process with the use of 5
medicinal cannabis if the designated caregiver does not possess more than: 6
1. An amount of medicinal cannabis determined by the department to 7
constitute an uninterrupted thirty (30) day supply at his or her 8
residence for each registered qualified patient to whom the caregiver 9
is connected through the department's registration process; 10
2. An amount of medicinal cannabis in excess of a thirty (30) day supply 11
at his or her residence for each registered qualified patient to whom 12
the caregiver is connected through the department's registration 13
process, in accordance with administrative regulations promulgated 14
pursuant to subsection (1)(c)6. of Section 28 of this Act; or 15
3. An amount of medicinal cannabis determined by the department to 16
constitute an uninterrupted ten (10) day supply on his or her person 17
for each registered qualified patient to whom the caregiver is 18
connected through the department's registration process, except that 19
an amount greater than a ten (10) day supply may be transported by a 20
designated caregiver from a dispensary to his or her residence if the 21
medicinal cannabis is contained in a sealed package that requires at 22
least a two (2) step process for initial opening; or 23
(b) Receiving compensation for reasonable costs associated with assisting a 24
registered qualified patient in the use of medicinal cannabis if the 25
designated caregiver is connected to the registered qualified patient through 26
the department's registration process. 27 UNOFFICIAL COPY 23 RS BR 1003
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(5) All medicinal cannabis possessed by a cardholder in accordance with subsections 1
(1), (3), and (4) of this section shall be kept in the original container in which the 2
cardholder received the medicinal cannabis from a dispensary. 3
(6) Notwithstanding subsections (1), (3), and (4) of this section and except as 4
provided in administrative regulations promulgated pursuant to subsection 5
(1)(c)6. of Section 28 of this Act: 6
(a) A registered qualified patient shall not be permitted to purchase more 7
medicinal cannabis than the amount determined by the department to 8
constitute an uninterrupted thirty (30) day supply of medicinal cannabis 9
during a given twenty-five (25) day period; 10
(b) A designated caregiver shall not be permitted to purchase more medicinal 11
cannabis than the amount determined by the department to constitute an 12
uninterrupted thirty (30) day supply of medicinal cannabis for each 13
registered qualified patient to whom the caregiver is connected through the 14
department's registration process during a given twenty-five (25) day 15
period; and 16
(c) A visiting qualified patient shall not be permitted to purchase more 17
medicinal cannabis than the amount determined by the department to 18
constitute an uninterrupted ten (10) day supply of medicinal cannabis 19
during a given eight (8) day period. 20
(7) A cardholder shall not be subject to arrest, prosecution, or denial of any right or 21
privilege, including but not limited to a civil penalty or disciplinary action by a 22
court or occupational or professional licensing board, for: 23
(a) Possession of cannabis that is incidental to the use of medicinal cannabis; 24
(b) Possession of medicinal cannabis accessories; or 25
(c) Transferring medicinal cannabis to a safety facility for testing. 26
(8) No person shall be subject to arrest, prosecution, or denial of any right or 27 UNOFFICIAL COPY 23 RS BR 1003
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privilege, including but not limited to a civil penalty or disciplinary action by a 1
court or occupational or professional licensing board, for: 2
(a) Selling medicinal cannabis accessories to a cardholder, who is over 3
eighteen (18) years of age, upon presentation of a valid registry 4
identification card issued by the department in accordance with Sections 11, 5
12, and 13 of this Act, or its equivalent issued pursuant to the laws of 6
another state, district, territory, commonwealth, or insular possession of the 7
United States that allows the person to use medicinal cannabis in the 8
jurisdiction of issuance; 9
(b) Being in the presence or vicinity of the use of medicinal cannabis as 10
allowed under Sections 1 to 29 of this Act; or 11
(c) Assisting a registered qualified patient or visiting qualified patient with 12
using or administering medicinal cannabis. For purposes of illustration and 13
not limitation, this includes preparing raw plant material or brewing tea for 14
a registered qualified patient or visiting qualified patient. It does not include 15
providing medicinal cannabis to a patient that the patient did not already 16
possess. 17
SECTION 5. A NEW SECTION OF KRS CHAPTER 218A IS CREATED TO 18
READ AS FOLLOWS: 19
(1) (a) Any medicinal cannabis, medicinal cannabis accessories, lawful property, 20
or interest in lawful property that is possessed, owned, or used in connection 21
with the medicinal use of cannabis or acts incidental to that use, shall not 22
be seized or forfeited. 23
(b) Sections 1 to 29 of this Act shall not prevent the seizure or forfeiture of 24
marijuana exceeding the amounts allowed under Section 4 of this Act or 25
administrative regulations promulgated pursuant to subsection (1)(c)6. of 26
Section 28 of this Act, nor shall it prevent seizure or forfeiture if the basis 27 UNOFFICIAL COPY 23 RS BR 1003
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for that action is unrelated to the medicinal use of cannabis in accordance 1
with Sections 1 to 29 of this Act and any administrative regulation 2
promulgated thereunder. 3
(2) Possession of, or application for, a registry identification card or cannabis 4
business license shall not constitute probable cause or reasonable suspicion, nor 5
shall it be used to support the search of the person, property, or home of the 6
person possessing or applying for the registry identification card or cannabis 7
business license. The possession of, or application for, a registry identification 8
card or cannabis business license shall not preclude the existence of probable 9
cause if probable cause exists on other grounds. 10
(3) (a) There shall be a presumption that a cardholder is engaged in the medicinal 11
use of cannabis, or in the case of a designated caregiver, assisting with the 12
medicinal use of cannabis, if the cardholder: 13
1. Possesses a valid registry identification card or, in the case of a 14
visiting qualified patient, an equivalent document issued pursuant to 15
the laws of another state, district, territory, commonwealth, or insular 16
possession of the United States that allows the person to use medicinal 17
cannabis in the jurisdiction of issuance; and 18
2. Possesses an amount of medicinal cannabis that does not exceed the 19
amount allowed under Section 4 of this Act or administrative 20
regulations promulgated pursuant to subsection (1)(c)6. of Section 28 21
of this Act. 22
(b) The presumption may be rebutted by evidence that conduct was unrelated to 23
the medicinal use of cannabis or was otherwise in violation of Sections 1 to 24
29 of this Act. 25
(4) No law enforcement officer employed by an agency which receives state or local 26
government funds shall expend any state or local resources, including the 27 UNOFFICIAL COPY 23 RS BR 1003
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officer’s time, to effect any arrest or seizure of medicinal cannabis, or conduct 1
any investigation, on the sole basis of activity the officer believes to constitute a 2
violation of the federal Controlled Substances Act, 21 U.S.C. sec. 801 et seq., if 3
the officer should have reason to believe that such activity is in compliance with 4
Sections 1 to 29 of this Act. 5
SECTION 6. A NEW SECTION OF KRS CHAPTER 218A IS CREATED TO 6
READ AS FOLLOWS: 7
(1) Sections 1 to 29 of this Act do not authorize any person to engage in, and shall 8
not prevent the imposition of any civil, criminal, or other penalties, including but 9
not limited to criminal prosecution or disciplinary action by the department or an 10
occupational or professional licensing board, for engaging in, the following 11
conduct: 12
(a) Operating, navigating, or being in actual physical control of any aircraft, 13
vehicle, vessel, or any other device known, or hereafter invented, that is 14
powered by machinery and that is or may be used to transport persons or 15
property while under the influence of medicinal cannabis; 16
(b) Consuming medicinal cannabis while operating, navigating, or being in 17
actual physical control of an aircraft, vehicle, vessel, or any other device 18
known, or hereafter invented, that is powered by machinery and that is or 19
may be used to transport persons or property; 20
(c) Possessing medicinal cannabis that is within the operator's arm's reach or 21
requires less than a two (2) step process to access while operating, 22
navigating, or being in actual physical control of an aircraft, vehicle, vessel, 23
or any other device known, or hereafter invented, that is powered by 24
machinery and that is or may be used to transport persons or property; 25
(d) Undertaking any task under the influence of medicinal cannabis, when 26
doing so would constitute negligence or professional malpractice; 27 UNOFFICIAL COPY 23 RS BR 1003
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(e) Possessing medicinal cannabis, or otherwise engaging in the use of 1
medicinal cannabis: 2
1. On the grounds of any preschool or primary or secondary school, 3
except as permitted in accordance with policies enacted pursuant to 4
subsection (4)(c) of Section 8 of this Act; 5
2. In any correctional facility; or 6
3. On any property of the federal government; 7
(f) Using marijuana, if that person is not a registered qualified patient or 8
visiting qualified patient; 9
(g) Using or consuming marijuana by smoking; or 10
(h) Cultivating marijuana unless that person is licensed by the department as a 11
cannabis cultivator or cannabis producer pursuant to Sections 16, 17, and 12
18 of this Act or is a cultivator or producer agent. 13
(2) The penalty for a violation of subsection (1)(a) or (b) of this section shall be the 14
same as those established for operating a motor vehicle under the influence of 15
alcohol or any other substance in KRS 189A.010. 16
(3) (a) An individual who violates subsection (1)(g) of this section shall not be 17
considered to be in possession of medicinal cannabis or engaged in the use 18
of medicinal cannabis and shall not benefit from the legal protections 19
afforded by Sections 1 to 29 of this Act. 20
(b) The odor or smell of cannabis shall not constitute evidence of use or 21
consumption of cannabis by smoking. 22
(c) If an individual uses or consumes marijuana by smoking while on any form 23
of public transportation, in any public place as defined in KRS 525.010, or 24
in any place of public accommodation, resort, or amusement as defined in 25
KRS 344.130: 26
1. The department may revoke the individual's registry identification 27 UNOFFICIAL COPY 23 RS BR 1003
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card; and 1
2. The individual may be subject to prosecution under Section 34 of this 2
Act. 3
(4) Nothing in Sections 1 to 29 of this Act supersedes statutory laws relating to 4
driving while under the influence of intoxicants. Sections 1 to 29 of this Act shall 5
not prevent the enforcement of current laws pertaining to driving while 6
intoxicated, including KRS 183.061, 189.520, 189A.010, and 235.240. 7
(5) As used in this section: 8
(a) "Aircraft" has the same meaning as in KRS 183.011; 9
(b) "Vehicle" has the same meaning as in KRS 189.010; and 10
(c) "Vessel" has the same meaning as in KRS 235.010. 11
SECTION 7. A NEW SECTION OF KRS CHAPTER 218A IS CREATED TO 12
READ AS FOLLOWS: 13
(1) Nothing in Sections 1 to 29 of this Act shall: 14
(a) Require an employer to permit or accommodate the use, consumption, 15
possession, transfer, display, transportation, distribution, sale, or growing of 16
medicinal cannabis in the workplace; 17
(b) Prohibit an employer from implementing policies promoting workplace 18
health and safety by: 19
1. Restricting the use of medicinal cannabis by employees; or 20
2. Restricting or prohibiting the use of equipment, machinery, or power 21
tools by an employee who is a registered qualified patient, if the 22
employer believes that the use of such equipment, machinery, or 23
power tools by an employee who is a registered qualified patient poses 24
an unreasonable safety risk; 25
(c) Prohibit an employer from including in any contract provisions that 26
prohibit the use of medicinal cannabis by employees; 27 UNOFFICIAL COPY 23 RS BR 1003
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(d) Permit a cause of action against an employer for wrongful discharge or 1
discrimination; 2
(e) Except as provided in Section 8 of this Act, prohibit a person, employer, 3
corporation, or any other entity who occupies, owns, or controls a property 4
from prohibiting or otherwise regulating the use, consumption, possession, 5
transfer, display, transportation, sale, or growing of medicinal cannabis on 6
or in that property; or 7
(f) Prohibit an employer from establishing and enforcing a drug testing policy, 8
drug-free workplace, or zero-tolerance drug policy. 9
(2) An employee who is discharged from employment for consuming medicinal 10
cannabis in the workplace, working while under the influence of medicinal 11
cannabis, or testing positive for a controlled substance shall not be eligible to 12
receive benefits under KRS Chapter 341, if such actions are in violation of an 13
employment contract or established personnel policy. 14
(3) An employer shall not be penalized or denied any benefit under state law for 15
employing a cardholder. 16
SECTION 8. A NEW SECTION OF KRS CHAPTER 218A IS CREATED TO 17
READ AS FOLLOWS: 18
(1) A registered qualified patient or visiting qualified patient who uses medicinal 19
cannabis shall be afforded all the same rights under state and local law, 20
including those guaranteed under KRS Chapter 344, as the individual would 21
have been afforded if he or she were solely prescribed pharmaceutical 22
medications, as they pertain to drug testing required by any state or local law. 23
(2) A cardholder otherwise entitled to custody of or visitation time or parenting time 24
with a minor child shall not be denied that right, and there shall be no 25
presumption of abuse, neglect, or dependency, for conduct permitted under 26
Sections 1 to 29 of this Act unless the person's actions in relation to medicinal 27 UNOFFICIAL COPY 23 RS BR 1003
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cannabis created an unreasonable danger to the safety of the minor child as 1
established by clear and convincing evidence. 2
(3) (a) For the purposes of medical care, including organ transplants, a patient’s 3
authorized use of medicinal cannabis is the equivalent of the authorized use 4
of any other medication used at the direction of a practitioner, and shall not 5
constitute the use of an illicit substance or otherwise disqualify a patient 6
from needed medical care. 7
(b) A health facility as defined in KRS 216B.015 may develop policies to allow a 8
patient who is a registered qualified patient or visiting qualified patient to 9
use medicinal cannabis on the premises of the health facility. 10
(4) (a) A school shall not refuse to enroll, or otherwise penalize, a person solely for 11
his or her status as a cardholder, unless failing to do so would violate 12
federal law or regulations and cause the school to lose a monetary or 13
licensing-related benefit under federal law or regulations. 14
(b) A school shall not be penalized or denied any benefit under state law for 15
enrolling a cardholder. 16
(c) The board of each local public school district shall establish policies and 17
regulations to permit a pupil who is a registered qualified patient to 18
consume medicinal cannabis on school property as deemed necessary by the 19
pupil's parent or legal guardian. Policies and regulations enacted pursuant 20
to this paragraph shall require medicinal cannabis be administered by a 21
school nurse or under the supervision of appropriate school staff. 22
(5) (a) A landlord shall not refuse to lease to, or otherwise penalize, a person solely 23
for his or her status as a cardholder, unless failing to do so would violate 24
federal law or regulations and cause the landlord to lose a monetary or 25
licensing-related benefit under federal law or regulations. 26
(b) No landlord may be penalized or denied any benefit under state law for 27 UNOFFICIAL COPY 23 RS BR 1003
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leasing to a cardholder. 1
(c) A landlord shall not include in a rental agreement terms and conditions that 2
prohibit the use of medicinal cannabis by a cardholder. 3
SECTION 9. A NEW SECTION OF KRS CHAPTER 218A IS CREATED TO 4
READ AS FOLLOWS: 5
(1) Except as provided in subsection (11) of this section, a physician or an advanced 6
practice registered nurse who is authorized to prescribe controlled substances 7
under KRS 314.042 seeking to provide written certifications for the use of 8
medicinal cannabis shall apply to the same state licensing board that issued his or 9
her professional practice license, on a form prescribed by the state licensing 10
board, for authorization to provide written certifications for the use of medicinal 11
cannabis. 12
(2) (a) A state licensing board shall approve an application for authorization to 13
provide written certifications for the use of medicinal cannabis if the 14
application is complete and meets the requirements established in 15
administrative regulations promulgated by the state licensing board. 16
(b) A state licensing board shall not authorize an application for authorization 17
to provide written certifications for the use of medicinal cannabis if the 18
applicant has an ownership or investment interest in or compensation 19
agreement with a cannabis business licensed under this chapter. A state 20
licensing board may consult with the department to determine if an 21
applicant has an ownership or investment interest in or compensation 22
agreement with a cannabis business. 23
(3) Authorization to provide written certifications for the use of medicinal cannabis 24
granted under this section shall expire and may be renewed in accordance with 25
administrative regulations promulgated by a state licensing board. 26
(4) A practitioner authorized by a state licensing board to provide written 27 UNOFFICIAL COPY 23 RS BR 1003
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certifications for the use of medicinal cannabis may only provide a patient with a 1
written certification after the practitioner has: 2
(a) Established a bona fide practitioner-patient relationship with the patient; 3
(b) Diagnosed the patient, or confirmed a diagnosis provided by another health 4
care provider, with a medical condition for which the practitioner believes 5
that the patient may receive therapeutic or palliative benefit from the use of 6
medicinal cannabis; 7
(c) Reviewed a report of information from the electronic system for monitoring 8
controlled substances established in KRS 218A.202 related to the patient for 9
a period of time that covers at least the twelve (12) months immediately 10
preceding the date of the report; 11
(d) Consulted with the patient, or the patient's custodial parent or legal 12
guardian responsible for providing consent to treatment if the patient is a 13
minor child, with respect to the possible risks and side effects associated 14
with medicinal cannabis, including possible interactions between medicinal 15
cannabis and any other drug or medication that the patient is taking at that 16
time; and 17
(e) Obtained the consent of the patient's custodial parent or legal guardian 18
responsible for providing consent to treatment, if the patient is a minor 19
child. 20
(5) A bona fide practitioner-patient relationship may be established following a 21
referral from the patient's primary care provider and may be maintained via 22
telehealth. However, a bona fide practitioner-patient relationship shall not be 23
established via telehealth. 24
(6) (a) When issuing a written certification for the use of medicinal cannabis to a 25
patient, the practitioner shall use a form prescribed by the department. 26
(b) An initial written certification for the use of medicinal cannabis shall be 27 UNOFFICIAL COPY 23 RS BR 1003
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provided during the course of an in-person examination of the patient by 1
the practitioner. Subsequent written certifications, including for the purpose 2
of renewing a registry identification card, may be provided electronically or 3
during the course of a telehealth consultation. 4
(c) For the purpose of applying for a registry identification card, a written 5
certification provided under this section shall be valid for a period of not 6
more than ninety (90) days. The practitioner may renew a written 7
certification for not more than three (3) additional periods of not more than 8
ninety (90) days each. Thereafter, the practitioner may issue another 9
certification to the patient only after an in-person examination or an 10
examination conducted via telehealth of the patient by the practitioner. 11
(d) Within twenty-four (24) hours of providing a patient with a written 12
certification for the use of medicinal cannabis, a practitioner shall record 13
the issuance of the written certification in the electronic system developed 14
by the department pursuant to subsection (1)(a) of Section 28 of this Act. 15
(7) A practitioner shall not: 16
(a) Dispense medicinal cannabis; or 17
(b) Provide a written certification for the use of medicinal cannabis to a family 18
member or for himself or herself. 19
(8) Nothing in Sections 1 to 29 of this Act shall prevent a practitioner from being 20
sanctioned for: 21
(a) Issuing a written certification without first obtaining authorization to 22
provide written certifications from a state licensing board; 23
(b) Issuing a written certification to a patient with whom the practitioner does 24
not have a bona fide practitioner-patient relationship; 25
(c) Failing to properly evaluate a patient's medical history and current medical 26
condition prior to issuing a written certification; 27 UNOFFICIAL COPY 23 RS BR 1003
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(d) Otherwise failing to use good faith in his or her treatment of the patient; or 1
(e) Any other violation of this section. 2
(9) A state licensing board may suspend or revoke a practitioner's authorization to 3
provide written certification for the use of medicinal cannabis and practice 4
license for multiple violations or a serious violation of this section or 5
administrative regulations promulgated thereunder. 6
(10) The state licensing boards shall: 7
(a) No later than January 1, 2024, promulgate administrative regulations to 8
carry out this section, including but not limited to: 9
1. The procedures for applying for authorization to provide written 10
certifications; 11
2. The conditions that must be met to be eligible for authorization to 12
provide written certifications; 13
3. The process and procedures for renewing authorization to provide 14
written certifications; 15
4. Continuing education requirements for practitioners who are 16
authorized to provide written certifications; 17
5. The reasons for which authorization to provide written certifications 18
for the use of medicinal cannabis may be suspended or revoked; and 19
6. The minimal standards of care when providing written certifications; 20
(b) On a regular basis, provide the department with the names of all 21
practitioners authorized by the state licensing board to provide written 22
certifications; and 23
(c) Immediately provide the department with the name of any practitioner 24
whose authorization to provide written certifications is suspended or 25
revoked. 26
(11) This section does not apply to a practitioner who recommends treatment with 27 UNOFFICIAL COPY 23 RS BR 1003
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cannabis or a drug derived from cannabis under any of the following that are 1
approved by an investigational review board or equivalent entity, the United 2
States Food and Drug Administration, or the National Institutes for Health or 3
any of its cooperative groups or centers under the United States Department of 4
Health and Human Services: 5
(a) A research protocol; 6
(b) A clinical trial; 7
(c) An investigational new drug application; or 8
(d) An expanded access submission. 9
(12) As used in this section, "telehealth" has the same meaning as in KRS 211.332. 10
SECTION 10. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 11
TO READ AS FOLLOWS: 12
(1) Except as provided in subsection (2) of this section, prior to making an initial 13
purchase of medicinal cannabis in this state and at least annually thereafter, a 14
cardholder shall be required to complete a consultation with a pharmacist who is 15
licensed in Kentucky and is authorized by the Kentucky Board of Pharmacy to 16
provide medicinal cannabis consultation services to cardholders. The 17
consultation shall at a minimum cover the possible risk and side effects of 18
medicinal cannabis and any potential drug interactions between medicinal 19
cannabis and any other drug that the registered qualified patient or visiting 20
qualified patient is taking. 21
(2) A designated caregiver shall be permitted to complete the consultation required 22
by subsection (1) of this section on behalf of any registered qualified patient to 23
whom the designated caregiver is connected through the department's 24
registration process. 25
(3) A pharmacist who wishes to be authorized by the Kentucky Board of Pharmacy to 26
provide medicinal cannabis consultation services to cardholders or to enter into a 27 UNOFFICIAL COPY 23 RS BR 1003
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collaborative agreement with dispensaries, as required by Section 22 of this Act, 1
shall apply to the board on a form prescribed by the board. 2
(4) The Kentucky Board of Pharmacy shall promulgate administrative regulations 3
to: 4
(a) Establish the application and renewal process and fee for authorization to 5
provide medicinal cannabis consultation services and to enter into a 6
collaborative agreement with dispensaries; 7
(b) Establish continuing education and training requirements for pharmacists 8
who are authorized to provide medicinal cannabis consultation services and 9
to enter into a collaborative agreement with dispensaries; 10
(c) Define the standards of care for medicinal cannabis consultation services; 11
and 12
(d) Define the nature and scope of a collaborative agreement between a 13
pharmacist and a dispensary, including the process by which a pharmacist 14
and dispensary shall establish a collaborative agreement. The nature and 15
scope of the collaborative agreement shall not require a pharmacist to be 16
present at a dispensary. 17
(5) The department shall promulgate administrative regulations to establish: 18
(a) A fee for medicinal cannabis consultation services that shall not exceed 19
forty dollars ($40) per consultation; and 20
(b) A fee for collaborative agreements between a dispensary and a pharmacist. 21
(6) Members of the Kentucky Board of Pharmacy, its agents, its employees, and any 22
pharmacist authorized by the board to provide medicinal cannabis consultation 23
services to cardholders or to enter into a collaborative agreement with 24
dispensaries shall be immune from suit in any action, civil, or criminal, which is 25
based upon any act that is conducted in accordance with this section and 26
administrative regulations promulgated thereunder. 27 UNOFFICIAL COPY 23 RS BR 1003
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SECTION 11. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 1
TO READ AS FOLLOWS: 2
(1) Except as provided in subsection (5) of this section, no person shall possess, 3
purchase, acquire, or otherwise engage or assist in the use of medicinal cannabis 4
in Kentucky without first applying for and receiving a registry identification card 5
for registered qualified patients, designated caregivers, or visiting qualified 6
patients issued by the department. 7
(2) A person shall be eligible to apply for a registry identification card as a registered 8
qualified patient if he or she is a resident of Kentucky, has obtained a written 9
certification from a practitioner with whom he or she has a bona fide 10
practitioner-patient relationship, and has not been convicted of a disqualifying 11
felony offense. 12
(3) A person shall be eligible to apply for a registry identification card as a 13
designated caregiver if he or she is a resident of Kentucky, is at least twenty-one 14
(21) years of age, has not been convicted of a disqualifying felony offense, and 15
has agreed to assist no more than three (3) registered qualified patients with the 16
use of medicinal cannabis. 17
(4) A person shall be eligible to apply for a registry identification card as a visiting 18
qualified patient if he or she is not a resident of Kentucky or has been a resident 19
of Kentucky for less than thirty (30) days, is at least twenty-one (21) years of age, 20
has not been convicted of a disqualifying felony offense, and possesses a valid 21
registry identification card, or an equivalent document, issued pursuant to the 22
laws of another state, district, territory, commonwealth, or insular possession of 23
the United States that allows the person to use medicinal cannabis in the 24
jurisdiction of issuance. 25
(5) A person with a valid registry identification card, or its equivalent, that was 26
issued pursuant to the laws of another state, district, territory, commonwealth, or 27 UNOFFICIAL COPY 23 RS BR 1003
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insular possession of the United States that allows the person to use medicinal 1
cannabis in the jurisdiction of issuance may use that registry identification card, 2
or its equivalent, for all purposes established in Sections 1 to 29 of this Act and 3
shall not be required to apply for or receive a visiting qualified patient registry 4
identification card from the department. 5
(6) To apply for or renew a registry identification card, a qualified patient shall 6
submit the following, in accordance with administrative regulations promulgated 7
by the department: 8
(a) The name, address, and date of birth of the qualified patient, except that if 9
the applicant is homeless an address where the applicant may be reached 10
shall be provided to the department; 11
(b) A written certification issued by a practitioner within ninety (90) days 12
immediately preceding the date of an application; 13
(c) The name, address, and telephone number of the qualified patient's 14
practitioner; 15
(d) The name, address, and date of birth of not more than two (2) individuals 16
chosen by the qualified patient to be designated as a caregiver, if the 17
qualified patient chooses to designate a caregiver; 18
(e) A statement, signed by the qualified patient, pledging not to divert medicinal 19
cannabis to anyone who is not permitted to possess medicinal cannabis 20
pursuant to Sections 1 to 29 of this Act. The statement shall contain a listing 21
of potential penalties, including criminal prosecution, for diverting 22
medicinal cannabis; 23
(f) A statement, signed by the individuals chosen by the qualified patient to be 24
designated as a caregiver, if any, agreeing to be designated as the patient's 25
designated caregiver and pledging not to divert medicinal cannabis to 26
anyone other than the registered qualified patient to whom the caregiver is 27 UNOFFICIAL COPY 23 RS BR 1003
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connected through the department's registration process. The statement 1
shall contain a listing of potential penalties, including criminal prosecution, 2
for diverting medicinal cannabis; and 3
(g) The application or renewal fee for a registry identification card for a 4
qualified patient and the application or renewal fee for a registry 5
identification card for any designated caregiver chosen by the qualified 6
patient. 7
(7) To apply for or renew a registry identification card, a qualified patient who is 8
under eighteen (18) years of age shall, in addition to the information required 9
under subsection (6) of this section, submit a statement signed by the custodial 10
parent or legal guardian with responsibility for health care decisions for the 11
qualified patient attesting to the fact that the custodial parent or legal guardian 12
agrees to: 13
(a) Allow the qualified patient to use medicinal cannabis; 14
(b) Serve as the qualified patient's designated caregiver; and 15
(c) Control the acquisition, dosage, and frequency of use of medicinal cannabis 16
by the qualified patient. 17
(8) To apply for or renew a registry identification card, a visiting qualified patient 18
shall submit the following, in accordance with administrative regulations 19
promulgated by the department: 20
(a) The name, address, and date of birth of the visiting qualified patient, except 21
that if the applicant is homeless an address where the applicant may be 22
reached shall be provided to the department; 23
(b) A copy of his or her valid registry identification card or its equivalent that 24
was issued pursuant to the laws of the jurisdiction of the person’s residence; 25
(c) The application or renewal fee for a registry identification card for a 26
visiting qualified patient; and 27 UNOFFICIAL COPY 23 RS BR 1003
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(d) A statement, signed by the visiting qualified patient, pledging not to divert 1
medicinal cannabis to anyone who is not permitted to possess medicinal 2
cannabis pursuant to Sections 1 to 29 of this Act. The statement shall 3
contain a listing of potential penalties, including criminal prosecution, for 4
diverting medicinal cannabis. 5
(9) The application for qualified patients' registry identification cards shall ask 6
whether the patient would like the department to notify him or her of any clinical 7
studies needing human subjects for research on the medicinal use of cannabis. 8
The department shall notify interested patients if it is aware of studies that will be 9
conducted in the United States. 10
(10) A registered qualified patient applying to renew a registry identification card 11
issued by the department shall be required to submit to the department a written 12
certification issued by a practitioner within ninety (90) days immediately 13
preceding the date of a renewal application. 14
SECTION 12. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 15
TO READ AS FOLLOWS: 16
(1) The department shall establish, implement, and operate a registry identification 17
card program for registered qualified patients, visiting qualified patients, and 18
designated caregivers. 19
(2) Registry identification cards shall contain the following: 20
(a) The name of the cardholder; 21
(b) A designation of whether the cardholder is a registered qualified patient, 22
visiting qualified patient, or designated caregiver; 23
(c) The date of issuance and expiration date of the registry identification card; 24
(d) A random alphanumeric identification number of at least ten (10) 25
characters, containing at least four (4) numbers and at least four (4) letters, 26
that is unique to the cardholder; 27 UNOFFICIAL COPY 23 RS BR 1003
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(e) A bar code or other marking that can be scanned electronically; 1
(f) A photograph of the cardholder, if the department’s administrative 2
regulations require one; 3
(g) The telephone number and website address for the electronic verification 4
system developed by the department pursuant to subsection (1)(a) of Section 5
28 of this Act; 6
(h) If the cardholder is a designated caregiver, the random alphanumeric 7
identification number of the registered qualified patient the designated 8
caregiver is receiving the registry identification card to assist; and 9
(i) If the cardholder is under eighteen (18) years of age, a clear and obvious 10
designation or identifier indicating that the cardholder is under eighteen 11
(18) years of age. 12
(3) (a) Except as provided in this subsection, the expiration date for registry 13
identification cards shall be one (1) year after the date of issuance. 14
(b) If a practitioner states in the written certification that the qualified patient 15
would benefit from the use of medicinal cannabis until a specified earlier 16
date, then the registry identification card shall expire on that date. 17
(4) The department may, at its discretion, electronically store in the card all of the 18
information listed in subsection (2) of this section, along with the address and 19
date of birth of the cardholder, to allow it to be read electronically by law 20
enforcement agents and licensed cannabis businesses. 21
(5) A fee for registry identification card applications and renewals shall be 22
established by the department. 23
(6) (a) The department shall operate a provisional licensure receipt system for 24
registered qualified patients, designated caregivers, and visiting qualified 25
patients that shall be valid for forty-five (45) days, or until a permanent card 26
can be issued, as if it is a registry identification card issued pursuant to this 27 UNOFFICIAL COPY 23 RS BR 1003
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section and Sections 11 and 13 of this Act. This program shall be 1
implemented and operational simultaneously with the department's 2
implementation of the registry identification card program established in 3
this section. A provisional licensure receipt shall contain the following: 4
1. A temporary licensure number; 5
2. A barcode or other marking that can be scanned electronically; 6
3. The name of the applicant; 7
4. A designation of whether the cardholder is a registered qualified 8
patient, visiting qualified patient, or designated caregiver; 9
5. If the cardholder is under eighteen (18) years of age, a clear and 10
obvious designation or identifier indicating that the cardholder is 11
under eighteen (18) years of age; 12
6. The effective date of the receipt; 13
7. The expiration date of the receipt; 14
8. An indication that the cardholder fee has been paid; 15
9. An indication that the application has been submitted and is 16
apparently complete; and 17
10. The name of the certifying practitioner. 18
(b) The licensure receipt system shall be designed so that this provisional 19
licensure receipt shall be produced by the application website upon 20
completion of an application that includes a practitioner recommendation 21
and payment of the cardholder fee. To reduce application errors and 22
processing time, a recommending practitioner or a dispensary may offer a 23
service that allows an applicant to use a computer and printer on the 24
premises of the practitioner's office or dispensary to complete an 25
application and receive a provisional licensure receipt pursuant to this 26
subsection. 27 UNOFFICIAL COPY 23 RS BR 1003
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(c) Notwithstanding any other provision of Sections 1 to 29 of this Act, a valid 1
provisional licensure receipt issued pursuant to this subsection shall convey 2
to the individual whose name appears on the provisional licensure receipt 3
all of the same rights and privileges as a registry identification card issued 4
pursuant to this section and Sections 11 and 13 of this Act and shall be 5
accepted by a cannabis business in place of a registry identification card. 6
SECTION 13. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 7
TO READ AS FOLLOWS: 8
(1) Except as provided in subsections (2) to (5) of this section, the department shall: 9
(a) Acknowledge receipt of an application within fifteen (15) days of receipt, 10
and approve or deny an application or renewal within thirty (30) days of 11
receiving a completed application or renewal application; and 12
(b) Issue registry identification cards to a qualified patient and any individual 13
designated by the qualified patient as a designated caregiver, or a visiting 14
qualified patient within five (5) days of approving the application or 15
renewal. An individual designated as a caregiver shall be issued a 16
designated caregiver registry identification card for each registered 17
qualified patient to whom he or she is connected through the department's 18
registration process. 19
(2) The department shall not issue a registry identification card to a qualified patient 20
who is younger than eighteen (18) years of age unless: 21
(a) The custodial parent or legal guardian with responsibility for health care 22
decisions for the qualified patient consents in writing to: 23
1. Allow the qualified patient's use of medicinal cannabis; 24
2. Serve as the qualified patient's designated caregiver; and 25
3. Control the acquisition of the medicinal cannabis, the dosage, and the 26
frequency of the use by the qualified patient; and 27 UNOFFICIAL COPY 23 RS BR 1003
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(b) The designated caregiver application for the custodial parent or legal 1
guardian with responsibility for health care decisions for the qualified 2
patient is approved. 3
(3) The department may deny an application or renewal for a qualified patient’s or 4
visiting qualified patient's registry identification card for any reason that the 5
department, in the exercise of sound discretion, deems sufficient, including but 6
not limited to if the applicant: 7
(a) Did not provide the information or materials required by Section 11 of this 8
Act; 9
(b) Previously had a registry identification card revoked; 10
(c) Provided false or falsified information; or 11
(d) Does not meet the eligibility requirements established in Section 11 of this 12
Act. 13
(4) The department may deny an application or renewal for a designated caregiver's 14
registration card for any reason that the department, in the exercise of sound 15
discretion, deems sufficient, including but not limited to if the applicant: 16
(a) Is already registered as a designated caregiver for three (3) registered 17
qualified patients; 18
(b) Does not meet the eligibility requirements established in Section 11 of this 19
Act; 20
(c) Did not provide the information or materials required by Section 11 of this 21
Act; 22
(d) Previously had a registry identification card revoked; 23
(e) Provided false or falsified information; 24
(f) Was previously convicted of a disqualifying felony offense; or 25
(g) Has applied as a designated caregiver for a qualified patient whose 26
application or renewal for a registry identification card was denied. 27 UNOFFICIAL COPY 23 RS BR 1003
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(5) The department may deny an application or renewal for a visiting qualified 1
patient's registration card for any reason that the department, in the exercise of 2
sound discretion, deems sufficient, including but not limited to if the applicant: 3
(a) Did not provide the information or materials required by Section 11 of this 4
Act; 5
(b) Previously had a registry identification card revoked; 6
(c) Provided false or falsified information; or 7
(d) Does not meet the eligibility requirements established in Section 11 of this 8
Act. 9
(6) The department may conduct a criminal background check of any applicant if the 10
criminal background check is conducted solely to determine whether the 11
applicant was previously convicted of a disqualifying felony offense. 12
(7) The department shall notify the registered qualified patient who has designated 13
someone to serve as his or her designated caregiver if the individual designated as 14
a caregiver is denied a registry identification card. 15
(8) The department shall notify the applicant in writing of the denial and reasons by 16
registered or certified mail at the address given in the application or supplement. 17
The applicant may, within thirty (30) days after the date of the mailing of the 18
department's notice, file a written request for an administrative hearing on the 19
application. The hearing shall be conducted on the application in compliance 20
with the requirements of KRS Chapter 13B. 21
(9) Final orders of the department after administrative hearings shall be subject to 22
judicial review. Jurisdiction and venue for judicial review are vested in the 23
Circuit Court of the county in which the appealing party resides. 24
SECTION 14. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 25
TO READ AS FOLLOWS: 26
(1) Cardholders shall be required to make the following notifications to the 27 UNOFFICIAL COPY 23 RS BR 1003
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department: 1
(a) A cardholder shall notify the department of any change in his or her name 2
or address; 3
(b) A registered qualified patient shall notify the department within thirty (30) 4
days if he or she ceases to suffer from the medical condition for which a 5
practitioner provided a written certification; 6
(c) A registered qualified patient shall notify the department if he or she wishes 7
to terminate a designated caregiver relationship with an individual who has 8
been designated as his or her caregiver; 9
(d) A designated caregiver shall notify the department within thirty (30) days if 10
he or she becomes aware that a registered qualified patient to whom the 11
caregiver is connected through the department's registration process has 12
died or has ceased to suffer from the medical condition for which a 13
practitioner provided a written certification; and 14
(e) If a cardholder loses his or her registry identification card, he or she shall 15
notify the department within ten (10) days of becoming aware the card has 16
been lost. 17
(2) When a cardholder notifies the department of items listed in paragraph (b) or (d) 18
of subsection (1) of this section, the cardholder shall, within ten (10) days of 19
notification, return any unused medicinal cannabis products to a licensed 20
dispensary for destruction. 21
(3) When a cardholder notifies the department of items listed in paragraph (a), (c), or 22
(e) of subsection (1) of this section, but remains eligible under Sections 1 to 29 of 23
this Act, the department shall issue the cardholder a new registry identification 24
card with a new random ten (10) character alphanumeric identification number. 25
If the department issues a new registry identification card to a registered 26
qualified patient, the department shall also issue a new registry identification 27 UNOFFICIAL COPY 23 RS BR 1003
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card with a new ten (10) character alphanumeric number to the registered 1
qualified patient's designated caregiver. New registry identification cards issued 2
under this subsection shall be issued by the department within ten (10) days of 3
receiving the updated information. 4
(4) If a registered qualified patient ceases to be a registered qualified patient or 5
changes his or her designated caregiver, the department shall promptly notify the 6
designated caregiver in writing. The designated caregiver's protections under 7
Sections 1 to 29 of this Act as to that registered qualified patient shall expire 8
fifteen (15) days after notification by the department. 9
(5) If a practitioner who provided a written certification notifies the department in 10
writing either that the registered qualified patient has died, ceased to suffer from 11
the medical condition for which a practitioner provided a written certification, or 12
that the practitioner no longer believes the patient might receive therapeutic or 13
palliative benefit from the use of medicinal cannabis, the department shall 14
promptly notify the registered qualified patient in writing. The registered 15
qualified patient's protections under Sections 1 to 29 of this Act shall expire 16
fifteen (15) days after notification by the department, and the registered qualified 17
patient shall have fifteen (15) days to dispose of or donate his or her medicinal 18
cannabis to a dispensary. 19
SECTION 15. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 20
TO READ AS FOLLOWS: 21
(1) Any cardholder who sells, distributes, or dispenses medicinal cannabis to a 22
person who is not permitted to possess or use medicinal cannabis under Sections 23
1 to 29 of this Act shall have his or her registry identification card revoked and 24
shall be subject to other penalties, including but not limited to criminal 25
prosecution under this chapter and KRS 138.870 to 138.889. 26
(2) The department may revoke the registry identification card of any cardholder 27 UNOFFICIAL COPY 23 RS BR 1003
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who knowingly commits multiple violations or a serious violation of Sections 1 to 1
29 of this Act. 2
(3) The department shall provide notice of revocation, fine, or other penalty by 3
mailing, via certified mail, the same in writing to the cardholder. The cardholder 4
may, within thirty (30) days after the date of the mailing of the department's 5
notice, file a written request for an administrative hearing regarding the 6
revocation, fine, or other penalty. The hearing shall be conducted in compliance 7
with the requirements of KRS Chapter 13B. 8
(4) Final orders of the department after administrative hearings shall be subject to 9
judicial review. Jurisdiction and venue for judicial review are vested in the 10
Circuit Court of the county in which the appealing party resides. 11
SECTION 16. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 12
TO READ AS FOLLOWS: 13
(1) No person shall cultivate, process, produce, possess, test, transfer, transport, or 14
sell medicinal cannabis or otherwise operate a cannabis business in this state 15
without first obtaining a license under this section. 16
(2) The department shall create separate licenses, initial licensure fees, and licensure 17
renewal fees allowing persons to operate a cannabis business, pursuant to 18
Sections 1 to 29 of this Act and any administrative regulations promulgated 19
thereunder, as: 20
(a) A Tier I cannabis cultivator; 21
(b) A Tier II cannabis cultivator; 22
(c) A Tier III cannabis cultivator; 23
(d) A Tier IV cannabis cultivator; 24
(e) A cannabis dispensary; 25
(f) A cannabis processor; 26
(g) A cannabis producer; or 27 UNOFFICIAL COPY 23 RS BR 1003
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(h) A cannabis safety compliance facility. 1
(3) (a) Except as provided in paragraph (b) of this subsection, a cannabis business 2
shall be required to apply for and obtain from the department a separate 3
license for each location it intends to operate. 4
(b) A cannabis business licensed as a producer may operate cultivation and 5
processing activities at separate locations, but shall not operate more than 6
one (1) cultivation and one (1) processing facility. 7
(4) (a) A cannabis business license issued under this section and Sections 17 and 8
18 of this Act shall be valid for one (1) year from the date of issuance. The 9
department shall notify each licensee ninety (90) days prior to the date the 10
license expires to allow the licensee to begin the renewal procedure 11
promulgated by the department pursuant to Section 28 of this Act. 12
(b) The renewal of a cannabis business license shall be contingent upon 13
successful achievement of minimal performance standards established by 14
the department as part of the biennial accreditation process established by 15
the department pursuant to Section 3 of this Act. 16
(5) The department shall approve a license holder's sale of a license issued pursuant 17
to this section and Sections 17 and 18 of this Act if the purchaser and any new 18
facilities meet the requirements of Sections 1 to 29 of this Act. 19
SECTION 17. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 20
TO READ AS FOLLOWS: 21
(1) The department shall create a uniform application form for the cannabis 22
business licenses established in Section 16 of this Act. 23
(2) When applying for a license, the applicant shall submit the following in 24
accordance with the department's administrative regulations: 25
(a) The proposed legal name of the cannabis business; 26
(b) The proposed physical address of the cannabis business and the global 27 UNOFFICIAL COPY 23 RS BR 1003
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positioning system coordinates for any proposed cultivation activities; 1
(c) The name, address, and date of birth of each principal officer and board 2
member of the cannabis business; 3
(d) Any instances in which a business or not-for-profit entity that any of the 4
prospective board members managed or served on the board of was 5
convicted, fined, censured, or had a registration or license suspended or 6
revoked in any administrative or judicial proceeding; and 7
(e) Any information required by the department to evaluate the applicant 8
pursuant to the competitive application process described in Section 18 of 9
this Act. 10
(3) If a cannabis business license application is approved: 11
(a) The cannabis business shall, before it begins operations, submit its complete 12
physical address and the global positioning system coordinates for any 13
cultivation activities if a physical address or the global positioning system 14
coordinates for any cultivation activities had not been finalized when it 15
applied; and 16
(b) The department shall issue a copy of the license that includes the business’s 17
identification number. The department shall also provide each licensed 18
dispensary with contact and access information for the cardholder 19
verification system. 20
SECTION 18. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 21
TO READ AS FOLLOWS: 22
(1) The department shall: 23
(a) Acknowledge receipt of an application for a cannabis business license 24
within fifteen (15) days of receipt; and 25
(b) Provide notification to the cannabis business license applicant as to whether 26
the application for a cannabis business license has been approved or denied 27 UNOFFICIAL COPY 23 RS BR 1003
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within forty-five (45) days of receiving a completed application. 1
(2) The department may deny an application for a cannabis business license for any 2
reason that the department, in the exercise of sound discretion, deems sufficient, 3
including but not limited to: 4
(a) The applicant failed to submit the materials required by Section 17 of this 5
Act, including if the applicant’s plans do not satisfy the security, oversight, 6
or recordkeeping administrative regulations promulgated by the 7
department; 8
(b) The applicant falsifies information on the licensure application; 9
(c) The applicant would not be in compliance with local cannabis business 10
prohibitions enacted pursuant to Section 26 of this Act; 11
(d) The applicant does not meet the requirements of Section 19 of this Act; 12
(e) One (1) or more of the prospective principal officers or board members: 13
1. Has been convicted of a disqualifying felony offense, the provisions of 14
KRS 335B.020 and 335B.030 notwithstanding; 15
2. Has served as a principal officer or board member for a cannabis 16
business that has had its license revoked; 17
3. Is younger than twenty-one (21) years of age; or 18
4. Is a practitioner who has been authorized by a state licensing board to 19
provide patients with a written certification; or 20
(f) 1. For a safety compliance facility, one (1) or more of the prospective 21
principal officers or board members is a principal officer or board 22
member of a cultivator, processor, producer, or dispensary licensed to 23
operate in Kentucky. 24
2. For a cultivator, processor, producer, or dispensary, one (1) or more 25
of the prospective principal officers or board members is a principal 26
officer or board member of a safety compliance facility licensed to 27 UNOFFICIAL COPY 23 RS BR 1003
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operate in Kentucky. 1
(3) (a) The department shall not be required to issue more cannabis business 2
licenses than market pressures dictate, except that the department shall not 3
place a limit on the number of licenses issued for safety compliance 4
facilities. 5
(b) If the department receives a greater number of cannabis business license 6
applications in any cannabis business category than it deems necessary to 7
meet the demonstrated or anticipated needs for current or anticipated 8
cardholders, the department shall use an impartial and numerically scored 9
competitive application process developed by the department to evaluate 10
cannabis business license applications. The competitive application process 11
shall, at a minimum, consider the following criteria: 12
1. The suitability of the proposed location or locations, including 13
compliance with any local zoning laws and the geographic 14
convenience to patients throughout the Commonwealth should the 15
applicant be approved; 16
2. The principal officers' and board members’ relevant experience, 17
including any training or professional licensing related to medicine, 18
pharmaceuticals, natural treatments, botany, or medicinal cannabis 19
cultivation and preparation, and their experience running any other 20
business or not-for-profit entity; 21
3. The proposed cannabis business's plan for operations and services, 22
including: 23
a. Staffing and training plans; 24
b. A plan to provide employees with a safe, healthy, and 25
economically sustainable working environment; 26
c. Whether it has sufficient capital to operate; and 27 UNOFFICIAL COPY 23 RS BR 1003
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d. The ability to assist with the provision of an adequate supply of 1
medicinal cannabis to the cardholders in its locality, area 2
development district, or the state; 3
4. The sufficiency of the applicant’s plans for recordkeeping; 4
5. The sufficiency of the applicant’s plans for safety, security, and the 5
prevention of diversion, including proposed locations and security 6
devices employed; 7
6. The applicant’s plan for making medicinal cannabis available on an 8
affordable basis to registered qualified patients who are veterans, or 9
who are enrolled in Medicaid or receiving Supplemental Security 10
Income or Social Security disability insurance; 11
7. The applicant’s plan for safe and accurate packaging and labeling of 12
medicinal cannabis, including the applicant’s plan for ensuring that 13
all medicinal cannabis is free of contaminants; and 14
8. The absence of violations by the applicant or one (1) or more of its 15
principal officers of any local, state, or federal tax, criminal, public 16
safety, food safety, discrimination, workplace safety, employment, or 17
other laws relevant to the operation of its business. 18
(4) Notwithstanding subsection (1)(b) of this section, if the department utilizes the 19
competitive application process described in subsection (3) of this section, the 20
department shall provide notification to the cannabis business license applicant 21
as to whether the application for a cannabis business license has been approved 22
or denied within ninety (90) days of receiving a completed application. 23
(5) Notwithstanding subsection (3)(a) of this section: 24
(a) No later than one (1) year after the effective date of this section, if a 25
sufficient number of cannabis business license applications has been 26
submitted to the department, the department shall: 27 UNOFFICIAL COPY 23 RS BR 1003
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1. Approve and issue at least: 1
a. Fifteen (15) cannabis cultivator licenses; 2
b. Twenty-five (25) cannabis dispensary licenses; 3
c. Five (5) cannabis processor licenses; and 4
d. Three (3) cannabis producer licenses; and 5
2. Approve and issue a cannabis business license for at least one (1) 6
cannabis dispensary in each of the area development districts as 7
established in KRS 147A.050 on the effective date of this section; and 8
(b) After reviewing a report issued pursuant to Section 3 of this Act, if the 9
department determines that additional cannabis businesses are needed to 10
meet the needs of cardholders either within an area development district or 11
throughout the state, the department shall expand the number of cannabis 12
business licenses issued within an area development district, city, or county 13
and shall issue an appropriate number of cannabis business licenses to 14
ensure that the needs of cardholders can be adequately met. 15
(6) The department shall notify the applicant in writing of a license denial and 16
reasons by registered or certified mail at the address given in the application or 17
supplement. Except for license denials based upon subsection (3)(a) of this 18
section, the applicant may, within thirty (30) days after the mailing of the 19
department's notice, file a written request for an administrative hearing on the 20
application. The hearing shall be conducted on the application in compliance 21
with the requirements of KRS Chapter 13B. 22
(7) Final orders of the department after administrative hearings shall be subject to 23
judicial review as provided in KRS 13B.140. Jurisdiction and venue for judicial 24
review are vested in the Circuit Court of the county in which the applicant's 25
business would be located. 26
SECTION 19. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 27 UNOFFICIAL COPY 23 RS BR 1003
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TO READ AS FOLLOWS: 1
(1) A cannabis business licensed under this chapter shall: 2
(a) Comply with Sections 1 to 29 of this Act and any administrative regulations 3
promulgated thereunder by the department; 4
(b) Conduct a criminal background check into the criminal history of each 5
person seeking to become a principal officer, board member, agent, 6
volunteer, or employee before that person begins work. A cannabis business 7
shall not employ, accept as a volunteer, or have as a board member, 8
principal officer, or agent any person who: 9
1. Was convicted of a disqualifying felony offense; or 10
2. Is under twenty-one (21) years of age; 11
(c) Implement appropriate security measures to deter and prevent the theft of 12
medicinal cannabis and unauthorized entrance into areas containing 13
medicinal cannabis; 14
(d) Demonstrate sufficient capital such that it can establish its business and 15
meet the needs for its type of cannabis business; 16
(e) Display its license on the premises at all times; and 17
(f) Only acquire, possess, cultivate, manufacture, deliver, transfer, transport, 18
supply, or dispense medicinal cannabis: 19
1. For the purposes of distributing medicinal cannabis to cardholders 20
who possess a valid registry identification card issued by the 21
department, or for visiting qualified patients, an equivalent document 22
issued in another jurisdiction; and 23
2. From a cannabis business licensed under this chapter. 24
(2) A cannabis business licensed under this chapter shall not: 25
(a) Be located within one thousand (1,000) feet of an existing elementary or 26
secondary school or a day-care center; 27 UNOFFICIAL COPY 23 RS BR 1003
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(b) Acquire, possess, cultivate, process, manufacture, deliver, transfer, 1
transport, supply, dispense, or sell: 2
1. Raw plant material with a delta-9 tetrahydrocannabinol content of 3
more than thirty-five percent (35%); 4
2. Medicinal cannabis products intended for oral consumption as an 5
edible, oil, or tincture with more than ten (10) milligrams of delta-9 6
tetrahydrocannabinol per serving; 7
3. Any medicinal cannabis product not described in subparagraph 1. or 8
2. of this paragraph with a delta-9 tetrahydrocannabinol content of 9
more than seventy percent (70%); or 10
4. Any medicinal cannabis product that contains vitamin E acetate; 11
(c) Permit a person under eighteen (18) years of age to enter or remain on the 12
premises of a cannabis business; 13
(d) Permit a person who is not a cardholder to enter or remain on the premises 14
of a cannabis business, except in accordance with subsection (6) of this 15
section; 16
(e) Employ, have as a board member, or be owned by, in part or in whole, a 17
practitioner who has been authorized by a state licensing board to provide 18
patients with a written certification; or 19
(f) Advertise medicinal cannabis sales in print, broadcast, online, by paid in-20
person solicitation of customers, or by any other advertising device as 21
defined in KRS 177.830, except that this paragraph shall not prevent 22
appropriate signs on the property of a licensed cannabis business, listings in 23
business directories including phone books, listings in trade or medical 24
publications, or sponsorship of health or not-for-profit charity or advocacy 25
events. 26
(3) The operating documents of a cannabis business shall include procedures for its 27 UNOFFICIAL COPY 23 RS BR 1003
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oversight and procedures to ensure accurate recordkeeping and inventory 1
control. 2
(4) When transporting medicinal cannabis on behalf of a cannabis business that is 3
permitted to transport it, a cannabis business agent shall have: 4
(a) A copy of the cannabis business license for the business that employs the 5
agent; 6
(b) Documentation that specifies the amount of medicinal cannabis being 7
transported and the date on which it is being transported; and 8
(c) The cannabis business license number and telephone number of any other 9
cannabis business receiving or otherwise involved in the transportation of 10
the medicinal cannabis. 11
(5) The cultivation of medicinal cannabis for cannabis businesses licensed in this 12
state shall only be done by cultivators and producers licensed under this chapter 13
and shall only take place in an enclosed, locked facility which can only be 14
accessed by cultivator agents working on behalf of the cultivator or producer at 15
the physical address or global positioning system coordinates provided to the 16
department during the license application process. 17
(6) A person who is at least eighteen (18) years of age but not a cardholder may be 18
allowed to enter and remain on the premises of a cannabis business if: 19
(a) The person is present at the cannabis business to perform contract work, 20
including but not limited to electrical, plumbing, or security maintenance, 21
that does not involve handling medicinal cannabis; or 22
(b) The person is a government employee and is at the cannabis business in the 23
course of his or her official duties. 24
SECTION 20. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 25
TO READ AS FOLLOWS: 26
(1) Cannabis businesses shall be subject to reasonable inspection by the department 27 UNOFFICIAL COPY 23 RS BR 1003
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pursuant to the department's procedures or administrative regulations. The 1
department may inspect any licensed cannabis business premises without having 2
to first obtain a search warrant. 3
(2) The department may, on its own motion or on complaint, after investigation and 4
opportunity for a public hearing at which the cannabis business has been 5
afforded an opportunity to appear and be heard pursuant to KRS Chapter 13B, 6
suspend or revoke a cannabis business license for multiple violations or a serious 7
violation of Sections 1 to 29 of this Act or any administrative regulations 8
promulgated thereunder by the licensee or any of its agents. A suspension shall 9
not be for a period of time longer than six (6) months. 10
(3) The department shall provide notice of suspension, revocation, fine, or other 11
penalty, as well as the required notice of the hearing, by mailing, via certified 12
mail, the same in writing to the cannabis business at the address on the license. 13
The cannabis business may, within thirty (30) days after the date of the mailing of 14
the department's notice, file a written request for an administrative hearing 15
regarding the suspension, revocation, fine, or other penalty. The hearing shall be 16
conducted in compliance with the requirements of KRS Chapter 13B. 17
(4) Final orders of the department after administrative hearings shall be subject to 18
judicial review. Jurisdiction and venue for judicial review are vested in the 19
Circuit Court of the county in which the cannabis business is physically located. 20
(5) A cultivator may continue to cultivate and possess cannabis plants during a 21
suspension, but it shall not transfer or sell medicinal cannabis during a 22
suspension. 23
(6) A dispensary may continue to possess its existing medicinal cannabis inventory 24
during a suspension, but it shall not acquire additional medicinal cannabis, or 25
dispense, transfer, or sell medicinal cannabis during a suspension. 26
(7) A processor may continue to process and possess its existing medicinal cannabis 27 UNOFFICIAL COPY 23 RS BR 1003
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inventory during a suspension, but it shall not acquire additional medicinal 1
cannabis, or dispense, transfer, or sell medicinal cannabis products during a 2
suspension. 3
(8) A producer may continue to cultivate, process, and possess cannabis plants and 4
its existing medicinal cannabis inventory during a suspension, but it shall not 5
acquire additional medicinal cannabis, or dispense, transfer, or sell medicinal 6
cannabis during a suspension. 7
(9) A safety compliance facility may continue to possess medicinal cannabis during a 8
suspension, but it shall not receive any new medicinal cannabis, test or otherwise 9
analyze medicinal cannabis, or transfer or transport medicinal cannabis during a 10
suspension. 11
SECTION 21. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 12
TO READ AS FOLLOWS: 13
(1) A cultivator or cultivator agent acting on behalf of a cultivator shall not be 14
subject to prosecution under state or local law, to search or inspection except by 15
the department pursuant to Section 20 of this Act, or to seizure or penalty in any 16
manner, or be denied any right or privilege, including but not limited to civil 17
penalty or disciplinary action by a court or business licensing board, for acting 18
pursuant to Sections 1 to 29 of this Act and the department's administrative 19
regulations for: 20
(a) Acquiring, possessing, planting, cultivating, raising, harvesting, trimming, 21
or storing cannabis seeds, seedlings, plants, or raw plant material; 22
(b) Delivering, transporting, transferring, supplying, or selling raw plant 23
material or related supplies to other licensed cannabis businesses in this 24
state; or 25
(c) Selling cannabis seeds or seedlings to similar entities that are licensed to 26
cultivate cannabis in this state or in any other jurisdiction. 27 UNOFFICIAL COPY 23 RS BR 1003
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(2) Cultivators and cultivator agents acting on behalf of a cultivator shall: 1
(a) Only deliver raw plant material to a licensed processor, licensed producer, 2
licensed safety compliance facility, or licensed dispensary for fair market 3
value; 4
(b) Only deliver raw plant material to a licensed dispensary, processor, or 5
producer after it has been checked by a safety compliance facility agent for 6
cannabinoid contents and contaminants in accordance with administrative 7
regulations promulgated by the department; 8
(c) Not supply a dispensary with more than the amount of raw plant material 9
reasonably required by a dispensary; and 10
(d) Not deliver, transfer, or sell raw plant material with a delta-9 11
tetrahydrocannabinol content of more than thirty-five percent (35%) to a 12
licensed dispensary, processor, or producer. 13
(3) (a) A Tier I cultivator shall not exceed an indoor growth area of two thousand 14
five hundred (2,500) square feet. 15
(b) A Tier II cultivator shall not exceed an indoor growth area of ten thousand 16
(10,000) square feet. 17
(c) A Tier III cultivator shall not exceed an indoor growth area of twenty-five 18
thousand (25,000) square feet. 19
(d) A Tier IV cultivator shall not exceed an growth area of fifty thousand 20
(50,000) square feet. 21
SECTION 22. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 22
TO READ AS FOLLOWS: 23
(1) A dispensary or dispensary agent acting on behalf of a dispensary shall not be 24
subject to prosecution under state or local law, to search or inspection except by 25
the department pursuant to Section 20 of this Act, to seizure or penalty in any 26
manner, or be denied any right or privilege, including but not limited to a civil 27 UNOFFICIAL COPY 23 RS BR 1003
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penalty or disciplinary action by a court or business licensing board, for acting 1
pursuant to Sections 1 to 29 of this Act and the department's administrative 2
regulations for: 3
(a) Acquiring or possessing medicinal cannabis from a cultivator, processor, or 4
producer in this state; 5
(b) Acquiring or possessing medicinal cannabis accessories or educational 6
material; 7
(c) Supplying, selling, dispensing, distributing, or delivering medicinal 8
cannabis, medicinal cannabis accessories, and educational material to 9
cardholders or other dispensaries; 10
(d) Selling cannabis seeds to similar entities that are licensed to cultivate 11
cannabis in this state or in any other jurisdiction; or 12
(e) Acquiring, accepting, or receiving medicinal cannabis products from a 13
cardholder, except that a dispensary may not offer anything of monetary 14
value in return for medicinal cannabis received from a cardholder. Any 15
medicinal cannabis received by a dispensary under this paragraph or 16
pursuant to Section 14 of this Act shall be destroyed by the dispensary or its 17
agents and shall not be sold, dispensed, or distributed to another 18
cardholder. 19
(2) A dispensary or dispensary agent acting on behalf of a dispensary shall: 20
(a) Maintain records that include specific notations of the amount of medicinal 21
cannabis being dispensed to a cardholder and whether it was dispensed 22
directly to a registered qualified patient or visiting qualified patient, or to a 23
registered qualified patient's designated caregiver. Each entry shall include 24
the date and time the medicinal cannabis was dispensed. The data required 25
to be recorded by this paragraph shall be entered into the electronic system 26
developed by the department pursuant to subsection (1)(a) of Section 28 of 27 UNOFFICIAL COPY 23 RS BR 1003
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this Act in accordance with administrative regulations promulgated by the 1
department for the record of medicinal cannabis dispensing; 2
(b) Only dispense or sell medicinal cannabis after it has been checked by a 3
safety compliance facility agent for cannabinoid contents and contaminants 4
in accordance with administrative regulations promulgated by the 5
department; 6
(c) Only dispense or sell medicinal cannabis to a registered qualified patient, 7
visiting qualified patient, or designated caregiver after making a diligent 8
effort to verify: 9
1. That the registry identification card, or its equivalent for a visiting 10
qualified patient, presented to the dispensary is valid, including by 11
checking the verification system, if it is operational, or other 12
department-designated databases; 13
2. That the person presenting the registry identification card, or its 14
equivalent for a visiting qualified patient, is at least eighteen (18) 15
years of age and is the person identified on the registry identification 16
card, or its equivalent, by examining at least one (1) other form of 17
government-issued photo identification; 18
3. That the person presenting the registry identification card, or its 19
equivalent for a visiting qualified patient, has consulted with a 20
pharmacist as required by Section 10 of this Act; and 21
4. The amount of medicinal cannabis the person is legally permitted to 22
purchase at the time of verification pursuant to subsection (4) of 23
Section 4 of this Act by checking the electronic system developed by 24
the department pursuant to subsection (1)(a) of Section 28 of this Act, 25
if it is operational, or other department-designated databases; 26
(d) Not acquire, possess, dispense, sell, offer for sale, transfer, or transport: 27 UNOFFICIAL COPY 23 RS BR 1003
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1. Raw plant material with a delta-9 tetrahydrocannabinol content of 1
more than thirty-five percent (35%); 2
2. Medicinal cannabis products intended for oral consumption as an 3
edible, oil, or tincture with more than ten (10) milligrams of delta-9 4
tetrahydrocannabinol per serving; 5
3. Any medicinal cannabis product not described in subparagraph 1. or 6
2. of this paragraph with a delta-9 tetrahydrocannabinol content of 7
more than seventy percent (70%); or 8
4. Any medicinal cannabis product that contains vitamin E acetate; 9
(e) Not acquire medicinal cannabis from any person other than a cannabis 10
business licensed under this chapter, or an agent thereof, a registered 11
qualified patient, or a designated caregiver; 12
(f) Not sell or dispense medicinal cannabis products intended for consumption 13
by vaporizing to a cardholder who is less than twenty-one (21) years of age; 14
(g) Not dispense or sell medicinal cannabis to a minor; 15
(h) Not dispense or sell more medicinal cannabis to a cardholder than he or she 16
is legally permitted to purchase at the time of the transaction; and 17
(i) Not rent office space to a practitioner. 18
(3) A dispensary shall be required to establish and maintain a collaborative 19
agreement, as described in Section 10 of this Act, with a pharmacist authorized by 20
the Kentucky Board of Pharmacy to engage in a collaborative agreement with a 21
dispensary. 22
(4) (a) A dispensary may operate a delivery service for cardholders and may deliver 23
medicinal cannabis, medicinal cannabis accessories, and educational 24
material to cardholders at the address identified on the cardholder's registry 25
identification. 26
(b) All delivery services operated or offered by a dispensary shall comply with 27 UNOFFICIAL COPY 23 RS BR 1003
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administrative regulations promulgated by the department pursuant to this 1
section and Section 28 of this Act. 2
(5) If a dispensary or dispensary agent fails to comply with subsection (2)(c), (d), (e), 3
(f) or (g) of this section, the dispensary and dispensary agent are liable in a civil 4
action for compensatory and punitive damages and reasonable attorney's fees to 5
any person or the representative of the estate of any person who sustains injury, 6
death, or loss to person or property as a result of the failure to comply with 7
subsection (2)(c), (d), (e), (f) or (g) of this section. In any action under this 8
subsection, the court may also award any injunctive or equitable relief that the 9
court considers appropriate. 10
SECTION 23. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 11
TO READ AS FOLLOWS: 12
(1) A processor or processor agent acting on behalf of a processor shall not be 13
subject to prosecution under state or local law, to search or inspection except by 14
the department pursuant to Section 20 of this Act, to seizure or penalty in any 15
manner, or be denied any right or privilege, including but not limited to civil 16
penalty or disciplinary action by a court or business licensing board, for acting 17
pursuant to Sections 1 to 29 of this Act and the department's administrative 18
regulations for: 19
(a) Acquiring or purchasing raw plant material from a cultivator, processor, or 20
producer in this state; 21
(b) Possessing, processing, preparing, manufacturing, manipulating, blending, 22
preparing, or packaging medicinal cannabis; 23
(c) Transferring, transporting, supplying, or selling medicinal cannabis and 24
related supplies to other cannabis businesses in this state; or 25
(d) Selling cannabis seeds or seedlings to similar entities that are licensed to 26
cultivate cannabis in this state or in any other jurisdiction. 27 UNOFFICIAL COPY 23 RS BR 1003
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(2) A processor licensed under this section shall not possess, process, produce, or 1
manufacture: 2
(a) Raw plant material with a delta-9 tetrahydrocannabinol content of more 3
than thirty-five percent (35%); 4
(b) Medicinal cannabis products intended for oral consumption as an edible, 5
oil, or tincture with more than ten (10) milligrams of delta-9 6
tetrahydrocannabinol per serving; 7
(c) Any medicinal cannabis product not described in paragraph (a) or (b) of 8
this subsection with a delta-9 tetrahydrocannabinol content of more than 9
seventy percent (70%) or 10
(d) Any medicinal cannabis product that contains vitamin E acetate. 11
SECTION 24. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 12
TO READ AS FOLLOWS: 13
(1) A producer or producer agent acting on behalf of a producer shall not be subject 14
to prosecution under state or local law, to search or inspection except by the 15
department pursuant to Section 20 of this Act, to seizure or penalty in any 16
manner, or be denied any right or privilege, including but not limited to civil 17
penalty or disciplinary action by a court or business licensing board, for acting 18
pursuant to Sections 1 to 29 of this Act and the department's administrative 19
regulations for: 20
(a) Acquiring, possessing, planting, cultivating, raising, harvesting, trimming, 21
or storing cannabis seeds, seedlings, plants, or raw plant material; 22
(b) Delivering, transporting, transferring, supplying, or selling raw plant 23
material, medicinal cannabis products, or related supplies to other licensed 24
cannabis businesses in this state; 25
(c) Selling cannabis seeds or seedlings to similar entities that are licensed to 26
cultivate cannabis in this state or in any other jurisdiction; 27 UNOFFICIAL COPY 23 RS BR 1003
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(d) Acquiring or purchasing raw plant material from a cultivator in this state; 1
or 2
(e) Possessing, processing, preparing, manufacturing, manipulating, blending, 3
preparing, or packaging medicinal cannabis. 4
(2) Producers and producer agents acting on behalf of a producer shall: 5
(a) Only deliver raw plant material to a licensed processor, licensed producer, 6
licensed safety compliance facility, or licensed dispensary for fair market 7
value; 8
(b) Only deliver raw plant material to a licensed dispensary, processor, or 9
producer after it has been checked by a safety compliance facility agent for 10
cannabinoid contents and contaminants in accordance with administrative 11
regulations promulgated by the department; 12
(c) Not supply a dispensary with more than the amount of raw plant material 13
reasonably required by a dispensary; and 14
(d) Be limited to an indoor cannabis growth area of fifty thousand (50,000) 15
square feet. 16
(3) A producer licensed under this section shall not possess, process, produce, or 17
manufacture: 18
(a) Raw plant material with a delta-9 tetrahydrocannabinol content of more 19
than thirty-five percent (35%); 20
(b) Medicinal cannabis products intended for oral consumption as an edible, 21
oil, or tincture with more than ten (10) milligrams of delta-9 22
tetrahydrocannabinol per serving; 23
(c) Any medicinal cannabis product not described in paragraph (a) or (b) of 24
this subsection with a delta-9 tetrahydrocannabinol content of more than 25
seventy percent (70%); or 26
(d) Any medicinal cannabis product that contains vitamin E acetate. 27 UNOFFICIAL COPY 23 RS BR 1003
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SECTION 25. A NEW SECTION OF KRS CHAPTER 218A IS CREA TED 1
TO READ AS FOLLOWS: 2
A safety compliance facility or safety compliance facility agent acting on behalf of a 3
safety compliance facility shall not be subject to prosecution, search except by the 4
department pursuant to Section 20 of this Act, seizure, or penalty in any manner, or be 5
denied any right or privilege, including but not limited to civil penalty or disciplinary 6
action by a court or business licensing board, for acting in accordance with Sections 1 7
to 29 of this Act and the department's administrative regulations to provide the 8
following services: 9
(1) Acquiring or possessing medicinal cannabis obtained from cardholders or 10
cannabis businesses in this state; 11
(2) Returning the medicinal cannabis to cardholders or cannabis businesses in this 12
state; 13
(3) Transporting medicinal cannabis that was produced by cannabis businesses in 14
this state; 15
(4) The production or sale of approved educational materials related to the use of 16
medicinal cannabis; 17
(5) The production, sale, or transportation of equipment or materials other than 18
medicinal cannabis, including but not limited to lab equipment and packaging 19
materials that are used by cannabis businesses and cardholders, to cardholders or 20
cannabis businesses licensed under this chapter; 21
(6) Testing of medicinal cannabis produced in this state, including testing for 22
cannabinoid content, pesticides, mold, contamination, vitamin E acetate, and 23
other prohibited additives; 24
(7) Training cardholders and cannabis business agents. Training may include but 25
need not be limited to: 26
(a) The safe and efficient cultivation, harvesting, packaging, labeling, and 27 UNOFFICIAL COPY 23 RS BR 1003
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distribution of medicinal cannabis; 1
(b) Security and inventory accountability procedures; and 2
(c) Up-to-date scientific and medical research findings related to medicinal use 3
of cannabis; 4
(8) Receiving compensation for actions allowed under this section; and 5
(9) Engaging in any non-cannabis-related business activities that are not otherwise 6
prohibited or restricted by state law. 7
SECTION 26. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 8
TO READ AS FOLLOWS: 9
(1) For the purposes of this section, "local government" means a city, county, urban-10
county government, consolidated local government, charter county government, 11
or unified local government. 12
(2) A local government may: 13
(a) Enact ordinances, not in conflict with Sections 1 to 29 of this Act or with 14
the department's administrative regulations, regulating the time, place, and 15
manner of cannabis business operations, except that a local government 16
shall not enact ordinances that impose an undue burden or make cannabis 17
business operations unreasonable or impractical; 18
(b) Prohibit all cannabis business operations within its territory through the 19
passage of an ordinance; or 20
(c) Enact resolutions directing that the question of prohibiting cannabis 21
businesses from operating within its territory be submitted to the voters of 22
its territory at the next regular election pursuant to subsection (5)(j) of this 23
section. 24
(3) If a county, consolidated local government, charter county government, or 25
unified local government prohibits all cannabis business operations, the 26
legislative body of a city located within the county, consolidated local 27 UNOFFICIAL COPY 23 RS BR 1003
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government, charter county government, or unified local government may: 1
(a) Approve cannabis business operations within the limits of the city through 2
the passage of an ordinance; or 3
(b) Enact resolutions directing that the question of allowing cannabis 4
businesses to operate within the limits of the city be submitted to the voters 5
who are eligible to vote in that city's elections at the next regular election 6
pursuant to subsection (5)(j) of this section. 7
(4) If a local government legislative body with jurisdiction prohibits cannabis 8
business operations through the passage of an ordinance, a public question that 9
is initiated by petition and that proposes allowing a cannabis business to operate 10
within the affected territory is authorized. 11
(5) A public question that is initiated by petition and is authorized by subsection (4) 12
of this section shall be submitted to the voters within the affected territory at the 13
next regular election by complying with the following requirements: 14
(a) Before a petition for submission of the proposal may be presented for 15
signatures, an intent to circulate the petition, including a copy of the 16
unsigned petition, shall be filed with the county clerk of the affected 17
territory by any person or group of persons seeking the submission of the 18
public question. The statement of intent shall include the addresses of the 19
person or group of persons and shall specify the person or group of persons, 20
as well as the address, to whom all notices are to be sent. Within ten (10) 21
days after the intent to circulate the petition is filed, the county clerk shall 22
deliver a copy of the intent to circulate the petition, including a copy of the 23
unsigned petition, to the legislative body of the affected territory; 24
(b) The petition shall set out in full the following question: "Are you in favor of 25
the sale of medicinal cannabis at a licensed dispensary and the operation of 26
other cannabis businesses in (affected territory)?"; 27 UNOFFICIAL COPY 23 RS BR 1003
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(c) The petition for the submission of the proposal shall be signed by a number 1
of constitutionally qualified voters of the territory to be affected equal to five 2
percent (5%) of registered voters for the affected territory; 3
(d) Each signature shall be executed in ink or indelible pencil and shall be 4
followed by the legibly printed name of each voter, followed by the voter's 5
residence address, year of birth, and the correct date upon which the voter's 6
name was signed; 7
(e) No petition for the submission of the proposal shall be circulated for more 8
than six (6) months prior to its filing; 9
(f) After a petition for the submission of the proposal has received no fewer 10
than the number of qualifying signatures required by paragraph (c) of this 11
subsection, the signed petition shall be filed with the county clerk. When it 12
is filed, each sheet of the petition shall have an affidavit executed by the 13
circulator stating that he or she personally circulated the sheet, the number 14
of signatures thereon, that all signatures were affixed in his or her 15
presence, that he or she believes them to be the genuine signatures of 16
registered voters within the affected territory, and that each signer had an 17
opportunity before signing to read the full text of the proposal; 18
(g) No signer of the petition may withdraw his or her name or have it taken 19
from the petition after the petition has been filed. If the name of any person 20
has been placed on the petition for submission of the public question 21
without that person's authority, the person may, at any time prior to 22
certification of sufficiency of the petition by the county clerk as required by 23
paragraph (h) of this subsection, request the removal of his or her name by 24
the county board of elections and, upon proof that the person's name was 25
placed on the petition without his or her authority, the person's name and 26
personal information shall be eliminated, and he or she shall not be counted 27 UNOFFICIAL COPY 23 RS BR 1003
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as a petitioner; 1
(h) Within thirty (30) days after the petition is filed, the county clerk shall 2
complete a certificate as to its sufficiency or , if it is insufficient, specifying 3
the particulars of the insufficiency, and shall send a copy to the person or 4
persons specified in the statement of intent to receive all notices and to the 5
legislative body of the affected territory, all by registered mail. A petition 6
certified insufficient for lack of the required number of valid signatures 7
may be amended once by filing a supplemental petition upon additional 8
sheets within thirty (30) days after receiving the certificate of insufficiency. 9
The supplemental petition shall comply with the requirements applicable to 10
the original petition and, within ten (10) days after it is filed, the county 11
clerk shall complete a certificate as to the sufficiency of the petition as 12
amended and promptly send a copy of the certificate to the person or 13
persons specified to receive all notices and to the legislative body of the 14
affected territory by registered mail; 15
(i) A final determination as to the sufficiency of a petition shall be subject to 16
review in the Circuit Court of the county of the affected territory and shall 17
be limited to the validity of the county clerk's determination. A final 18
determination of insufficiency shall not prejudice the filing of a new 19
petition for the same purpose; and 20
(j) If, not later than the second Tuesday in August preceding the day 21
established for a regular election, the county clerk has certified that a 22
petition is sufficient or has received a local government resolution pursuant 23
to subsection (2) or (3) of this section, the county clerk shall have prepared 24
to place before the voters of the affected territory at the next regular election 25
the question, which shall be "Are you in favor of the sale of medicinal 26
cannabis at a licensed dispensary and the operation of other cannabis 27 UNOFFICIAL COPY 23 RS BR 1003
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businesses in (affected territory)? Yes....No....". The county clerk shall 1
cause to be published in accordance with KRS Chapter 424, at the same 2
time as the remaining voter information, the full text of the proposal. The 3
county clerk shall cause to be posted in each polling place one (1) copy of 4
the full text of the proposal. 5
(6) If the question submitted to the voters under subsection (3) or (5) of this section 6
fails to pass, three (3) years shall elapse before the question of medicinal 7
cannabis sales and cannabis business operations may be included on a regular 8
election ballot for the affected territory. 9
(7) If the question submitted to the voters under subsection (3) or (5) of this section 10
passes, medicinal cannabis sales and cannabis business operations may be 11
conducted in the affected territory, notwithstanding any local government 12
ordinances which prohibit all cannabis business operations within its territory. 13
(8) In circumstances where a county, consolidated local government, charter county 14
government, or unified local government prohibits cannabis business operations 15
but a city within that county, consolidated local government, charter county 16
government, or unified local government approves cannabis business operations 17
either through the adoption of an ordinance or following the affirmative vote of a 18
public question allowing cannabis business operations, then: 19
(a) The cannabis business operations may proceed within the limits of the city; 20
and 21
(b) The county, consolidated local government, charter county government, or 22
unified local government may assess an additional reasonable fee to 23
compensate for any additional corrections impact caused by the approval of 24
cannabis business operations. Any additional fees collected pursuant to this 25
subsection shall not exceed the additional corrections impact caused by the 26
approval of cannabis business operations. 27 UNOFFICIAL COPY 23 RS BR 1003
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(9) In circumstances where neither a city or the county, urban-county government, 1
consolidated local government, charter county government, or unified local 2
government in which the city is located prohibit cannabis business operations, a 3
cannabis business that is located within the jurisdiction of both the city and the 4
county shall only pay the reasonable established local fees of either the city or the 5
county. The fee shall be established, assessed, collected, and shared between the 6
city and the county, in a manner to be negotiated between the city and the county. 7
(10) The provisions of general election law shall apply to public questions submitted to 8
voters under this section. 9
SECTION 27. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 10
TO READ AS FOLLOWS: 11
(1) The department shall maintain a confidential list of the persons to whom the 12
department has issued registry identification cards and their addresses, telephone 13
numbers, and registry identification numbers. 14
(2) The department shall, only at a cardholder’s request, confirm his or her status as 15
a registered qualified patient, visiting qualified patient, or designated caregiver to 16
a third party, such as a landlord, employer, school, medical professional, or 17
court. 18
(3) The following information received and records kept pursuant to the 19
department's administrative regulations promulgated for purposes of 20
administering Sections 1 to 29 of this Act shall be confidential and exempt from 21
the Open Records Act, KRS 61.870 to 61.884, and shall not be subject to 22
disclosure to any individual or public or private entity, except as necessary for 23
authorized employees of the department to perform official duties pursuant to 24
Sections 1 to 29 of this Act: 25
(a) Applications and renewals, their contents, and supporting information 26
submitted by qualified patients, visiting qualified patients, and designated 27 UNOFFICIAL COPY 23 RS BR 1003
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caregivers in compliance with Section 11 of this Act, including information 1
regarding their designated caregivers and practitioners; 2
(b) The individual names and other information identifying persons to whom 3
the department has issued registry identification cards; 4
(c) Any dispensing information required to be kept under Section 22 of this Act 5
or the department's administrative regulations which shall only identify 6
cardholders by their registry identification numbers and shall not contain 7
names or other personal identifying information; and 8
(d) Any department hard drives or other data-recording media that are no 9
longer in use and that contain cardholder information. These hard drives 10
and other media shall be destroyed after a reasonable time or after the data 11
is otherwise stored. 12
Data subject to this section shall not be combined or linked in any manner with 13
any other list or database maintained by the department or the Cabinet for Health 14
and Family Services and shall not be used for any purpose not provided for in 15
Sections 1 to 29 of this Act. 16
(4) Nothing in this section shall preclude the following: 17
(a) Notification by the department's employees to state or local law enforcement 18
about falsified or fraudulent information submitted to the department or of 19
other apparently criminal violations of Sections 1 to 29 of this Act if the 20
employee who suspects that falsified or fraudulent information has been 21
submitted has conferred with his or her supervisor and both agree that 22
circumstances exist that warrant reporting; 23
(b) Notification by the department's employees to state licensing board if the 24
department has reasonable suspicion to believe a practitioner did not have a 25
bona fide practitioner-patient relationship with a patient for whom he or she 26
signed a written certification, if the department has reasonable suspicion to 27 UNOFFICIAL COPY 23 RS BR 1003
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believe the practitioner violated the standard of care, or for other suspected 1
violations of Sections 1 to 29 of this Act by a practitioner; 2
(c) Notification by dispensary agents to the department of a suspected violation 3
or attempted violation of Sections 1 to 29 of this Act or the administrative 4
regulations promulgated thereunder; 5
(d) Verification by the department of registry identification cards issued 6
pursuant to Sections 11, 12, and 13 of this Act; and 7
(e) The submission of the report required by Section 3 of this Act to the 8
General Assembly. 9
(5) It shall be a misdemeanor punishable by up to one hundred eighty (180) days in 10
jail for any person, including an employee or official of the department or 11
another state agency or local government, to knowingly breach the confidentiality 12
of information obtained pursuant to Sections 1 to 29 of this Act. 13
SECTION 28. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 14
TO READ AS FOLLOWS: 15
(1) No later than January 1, 2024, the department shall: 16
(a) Establish, maintain, and operate an electronic system for monitoring the 17
medicinal cannabis program. The electronic system established pursuant to 18
this paragraph shall be designed to enable: 19
1. Practitioners to record the issuance of written certifications to 20
qualified patients, as required by Section 9 of this Act; 21
2. Pharmacists to perform and record the completion of consultations 22
with cardholders as required under Section 10 of this Act; 23
3. The department and state licensing board to monitor the issuance of 24
written certifications by practitioners to qualified patients; 25
4. Department personnel, law enforcement personnel, and dispensary 26
agents to verify the validity of registry identification cards issued by 27 UNOFFICIAL COPY 23 RS BR 1003
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the department by entering a registry identification number to 1
determine whether or not the identification number corresponds with 2
a current, valid registry identification card. The system shall only 3
disclose whether the identification card is valid and whether the 4
cardholder is a registered qualified patient, visiting qualified patient, 5
or designated caregiver; 6
5. Law enforcement personnel and dispensary agents to access medicinal 7
cannabis sales data record by dispensary agents pursuant to Section 8
22 of this Act; 9
6. Dispensary agents to record the amount of medicinal cannabis that is 10
dispensed to a cardholder during each transaction as required by 11
Section 22 of this Act; and 12
7. The sharing of dispensing data recorded by dispensary agents 13
pursuant to Section 22 of this Act with all dispensaries in real time; 14
(b) Establish, maintain, and operate an electronic inventory tracking system 15
that is capable of tracking medicinal cannabis from the point of cultivation 16
to the point of sale to cardholders; and 17
(c) Promulgate administrative regulations to establish: 18
1. Procedures for the issuance, renewal, suspension, and revocation of 19
registry identification cards, including the creation of a standardized 20
written certification form and a uniform application form; 21
2. Procedures for the issuance and revocation of registry identification 22
cards; 23
3. Procedures for the issuance, renewal, suspension, and revocation of 24
cannabis business licenses, including the creation of a uniform 25
licensure application form and the competitive application process 26
described in Section 18 of this Act, with all such procedures subject to 27 UNOFFICIAL COPY 23 RS BR 1003
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the requirements of KRS Chapters 13A and 13B; 1
4. A convenience fee to be assessed and collected by dispensaries for 2
visiting qualified patients who do not possess a valid registry 3
identification card issued by the department and who purchase 4
medicinal cannabis with a registry identification card or its equivalent 5
issued pursuant to the laws of another state, district, territory, 6
commonwealth, or insular possession of the United States that allows 7
the person to use medicinal cannabis in the jurisdiction of issuance. 8
The convenience fee established pursuant to this subparagraph shall 9
not exceed fifteen dollars ($15) per transaction; 10
5. In collaboration with the Board of Physicians, as required by Section 11
3 of this Act: 12
a. A definition of the amount of medicinal cannabis or delta-9 13
tetrahydrocannabinol that constitutes a daily supply, a ten (10) 14
day supply, and a thirty (30) day supply; and 15
b. The amount of raw plant material that medicinal cannabis 16
products are considered to be equivalent to; 17
6. A process by which a practitioner may recommend, and a registered 18
qualified patient or his or her designated caregiver may legally 19
purchase and possess, an amount of medicinal cannabis in excess of 20
the thirty (30) day supply of medicinal cannabis, if the practitioner 21
reasonably believes that the standard thirty (30) supply would be 22
insufficient in providing the patient with uninterrupted therapeutic or 23
palliative relief; 24
7. Provisions governing the following matters related to cannabis 25
businesses with the goal of protecting against diversion and theft, 26
without imposing any undue burden that would make cannabis 27 UNOFFICIAL COPY 23 RS BR 1003
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business operations unreasonable or impractical on cannabis 1
businesses or compromising the confidentiality of cardholders: 2
a. Recordkeeping and inventory control requirements, including 3
the use of the electronic systems developed by the department 4
pursuant to paragraphs (a) and (b) of this subsection; 5
b. Procedures for the verification and validation of a registry 6
identification card, or its equivalent, that was issued pursuant to 7
the laws of another state, district, territory, commonwealth, or 8
insular possession of the United States that allows for the use of 9
medicinal cannabis in the jurisdiction of issuance; 10
c. Security requirements for safety compliance facilities, 11
processors, producers, dispensaries, and cultivators, which shall 12
include at a minimum lighting, video security, alarm 13
requirements, on-site parking, and measures to prevent loitering; 14
d. Procedures for the secure transportation, including delivery 15
services provided by dispensaries, and storage of medicinal 16
cannabis by cannabis business licensees and their employees or 17
agents; 18
e. Employment and training requirements for licensees and their 19
agents, including requiring each licensee to create an 20
identification badge for each of the licensee's agents or 21
employees; and 22
f. Restrictions on visits to licensed cultivation and processing 23
facilities, including requiring the use of visitor logs; 24
8. Procedures to establish, publish, and annually update a list of varieties 25
of cannabis that possess a low but effective level of 26
tetrahydrocannabinol, including the substance cannabidiol, by 27 UNOFFICIAL COPY 23 RS BR 1003
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comparing percentages of chemical compounds within a given variety 1
against other varieties of cannabis; 2
9. A rating system that tracks the terpene content of at least the twelve 3
(12) major terpenoids within each strain of cannabis available for 4
medicinal use within the Commonwealth; 5
10. Requirements for random sample testing of medicinal cannabis to 6
ensure quality control, including testing for cannabinoids, terpenoids, 7
residual solvents, pesticides, poisons, toxins, mold, mildew, insects, 8
bacteria, and any other dangerous adulterant; 9
11. Requirements for licensed cultivators, producers, and processors to 10
contract with an independent safety compliance facility to test the 11
medicinal cannabis before it is sold at a dispensary. The department 12
may approve the safety compliance facility chosen by a cultivator, 13
producer, or processor and require that the safety compliance facility 14
report test results for a designated quantity of medicinal cannabis to 15
the cultivator, producer, or processor and department; 16
12. Standards for the operation of safety compliance facilities which may 17
include: 18
a. Requirements for equipment; 19
b. Personnel qualifications; and 20
c. Requiring facilities to be accredited by a relevant certifying 21
entity; 22
13. Standards for the packaging and labeling of medicinal cannabis sold 23
or distributed by cannabis businesses which shall comply with 15 24
U.S.C. secs. 1471 to 1476 and shall include: 25
a. Standards for packaging that requires at least a two (2) step 26
process of initial opening; 27 UNOFFICIAL COPY 23 RS BR 1003
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b. A warning label which may include the length of time it typically 1
takes for the product to take effect, how long the effects of the 2
product typically last, and any other information deemed 3
appropriate or necessary by the department; 4
c. The amount of medicinal cannabis the product is considered the 5
equivalent to; 6
d. Disclosing ingredients, possible allergens, and certain bioactive 7
components, including cannabinoids and terpenoids, as 8
determined by the department; 9
e. A nutritional fact panel; 10
f. Opaque, child-resistant packaging; 11
g. A requirement that all raw plant material packaged or sold in 12
this state be marked or labeled as "NOT INTENDED FOR 13
CONSUMPTION BY SMOKING"; 14
h. A requirement that medicinal cannabis products be clearly 15
marked with an identifiable and standardized symbol indicating 16
that the product contains cannabis; 17
i. A requirement that all medicinal cannabis product packaging 18
include an expiration date; and 19
j. A requirement that medicinal cannabis products and their 20
packaging not be visually reminiscent of major brands of edible 21
noncannabis products or otherwise present an attractive 22
nuisance to minors; 23
14. Health and safety requirements for the processing of medicinal 24
cannabis and the indoor cultivation of medicinal cannabis by 25
licensees; 26
15. Restrictions on: 27 UNOFFICIAL COPY 23 RS BR 1003
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a. Additives to medicinal cannabis that are toxic, including vitamin 1
E acetate, or increase the likelihood of addiction; and 2
b. Pesticides, fertilizers, and herbicides used during medicinal 3
cannabis cultivation which pose a threat to human health and 4
safety; 5
16. Standards for the safe processing of medicinal cannabis products 6
created by extracting or concentrating compounds from raw plant 7
material; 8
17. Standards for determining the amount of unprocessed raw plant 9
material that medicinal cannabis products are considered the 10
equivalent to; 11
18. Restrictions on advertising, marketing, and signage in regard to 12
operations or establishments owned by licensees necessary to prevent 13
the targeting of minors; 14
19. The requirement that evidence-based educational materials regarding 15
dosage and impairment be disseminated to registered qualified 16
patients, visiting qualified patients, and designated caregivers who 17
purchase medicinal cannabis products; 18
20. Policies governing insurance requirements for cultivators, 19
dispensaries, processors, producers, and safety compliance facilities; 20
and 21
21. Standards, procedures, or restrictions that the department deems 22
necessary to ensure the efficient, transparent, and safe operation of 23
the medicinal cannabis program, except that the department shall not 24
promulgate any administrative regulation that would impose an undue 25
burden or make cannabis business operations unreasonable or 26
impractical. 27 UNOFFICIAL COPY 23 RS BR 1003
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(2) The department shall perform all acts necessary or advisable for the purpose of 1
contracting with a third party for the development and maintenance of the 2
electronic systems described in subsection (1)(a) and (b) of this section. 3
(3) Except as provided in subsection (1)(g) of Section 6 of this Act, subsection (2)(b) 4
of Section 19 of this Act, subsection (2)(d) of Section 22 of this Act, subsection (2) 5
of Section 23 of this Act, subsection (3) of Section 24 of this Act, and subsection 6
(1)(c)10., 13., 15., and 16. of this section, the department shall not restrict or limit 7
methods of delivery, use, or consumption of medicinal cannabis or the types of 8
products that may be acquired, produced, processed, possessed, sold, or 9
distributed by a cannabis business. 10
(4) If a need for additional cannabis cultivation in this state is demonstrated by 11
cannabis businesses or the department's own analysis, the department may 12
through the promulgation of administrative regulations increase the cultivation 13
area square footage limits for either cultivators or producers, or both by up to 14
three (3) times the limits established in Sections 21 and 24 of this Act. Any 15
increase in the cultivation square footage limits adopted by the department 16
pursuant to this section shall not result in an increase in the licensure application 17
or renewal fees established by the department. 18
(5) When promulgating administrative regulations under this section, the department 19
shall consider standards, procedures, and restrictions that have been found to be 20
best practices relative to the use and regulation of medicinal cannabis. 21
SECTION 29. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 22
TO READ AS FOLLOWS: 23
Nothing in Sections 1 to 29 of this Act shall require a government medical assistance 24
program, private health insurer or workers' compensation carrier, or self-funded 25
employer providing workers' compensation benefits to reimburse a person for costs 26
associated with the medicinal use of cannabis. 27 UNOFFICIAL COPY 23 RS BR 1003
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Section 30. KRS 342.815 is amended to read as follows: 1
(1) The authority may provide coverage for insurance, authorized in KRS 342.803, to 2
any employer in the Commonwealth, and who tenders the required premium for 3
coverage and comply with other conditions and qualifications for obtaining and 4
maintaining coverage adopted by the authority to protect and ensure its actuarial 5
soundness and solvency. 6
(2) The authority shall provide coverage to any employer who is unable to secure 7
coverage in the voluntary market unless: 8
(a) The employer owes undisputed premiums to a previous workers' 9
compensation carrier or to a workers' compensation residual market 10
mechanism; or 11
(b) Providing coverage to the employer would subject the authority or its 12
employees to a violation of federal or state law. 13
Section 31. KRS 216B.402 is amended to read as follows: 14
(1) When a person is admitted to a hospital emergency department or hospital 15
emergency room for treatment of a drug overdose: 16
(a)[(1)] The person shall be informed of available substance use disorder 17
treatment services known to the hospital that are provided by that hospital, 18
other local hospitals, the local community mental health center, and any other 19
local treatment programs licensed pursuant to KRS 222.231; 20
(b)[(2)] The hospital may obtain permission from the person when stabilized, or 21
the person's legal representative, to contact any available substance use 22
disorder treatment programs offered by that hospital, other local hospitals, the 23
local community mental health center, or any other local treatment programs 24
licensed pursuant to KRS 222.231, on behalf of the person to connect him or 25
her to treatment; and 26
(c)[(3)] The local community mental health center may provide an on-call 27 UNOFFICIAL COPY 23 RS BR 1003
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service in the hospital emergency department or hospital emergency room for 1
the person who was treated for a drug overdose to provide information about 2
services and connect the person to substance use disorder treatment, as funds 3
are available. These services, when provided on the grounds of a hospital, 4
shall be coordinated with appropriate hospital staff. 5
(2) When a person, who is a registered qualified patient or a visiting qualified patient 6
as defined in Section 1 of this Act, is admitted to a hospital emergency department 7
or a hospital emergency room for treatment of cannabinoid hyperemesis 8
syndrome, the hospital shall notify the Department of Alcoholic Beverage and 9
Cannabis Control within forty-eight (48) hours. Notification shall include the 10
registered qualified patient's or a visiting qualified patient's name and registry 11
identification card number, if available. The department shall record all cases of 12
cannabinoid hyperemesis syndrome in the electronic monitoring system described 13
in Section 28 of this Act. 14
Section 32. KRS 218A.010 is amended to read as follows: 15
As used in this chapter, unless the context otherwise requires: 16
(1) "Administer" means the direct application of a controlled substance, whether by 17
injection, inhalation, ingestion, or any other means, to the body of a patient or 18
research subject by: 19
(a) A practitioner or by his or her authorized agent under his or her immediate 20
supervision and pursuant to his or her order; or 21
(b) The patient or research subject at the direction and in the presence of the 22
practitioner; 23
(2) "Anabolic steroid" means any drug or hormonal substance chemically and 24
pharmacologically related to testosterone that promotes muscle growth and includes 25
those substances classified as Schedule III controlled substances pursuant to KRS 26
218A.020 but does not include estrogens, progestins, and anticosteroids; 27 UNOFFICIAL COPY 23 RS BR 1003
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(3) "Cabinet" means the Cabinet for Health and Family Services; 1
(4) "Carfentanil" means any substance containing any quantity of carfentanil, or any of 2
its salts, isomers, or salts of isomers; 3
(5) "Certified community based palliative care program" means a palliative care 4
program which has received certification from the Joint Commission; 5
(6) "Child" means any person under the age of majority as specified in KRS 2.015; 6
(7) "Cocaine" means a substance containing any quantity of cocaine, its salts, optical 7
and geometric isomers, and salts of isomers; 8
(8) "Controlled substance" means methamphetamine, or a drug, substance, or 9
immediate precursor in Schedules I through V and includes a controlled substance 10
analogue; 11
(9) (a) "Controlled substance analogue," except as provided in paragraph (b) of this 12
subsection, means a substance: 13
1. The chemical structure of which is substantially similar to the structure 14
of a controlled substance in Schedule I or II; and 15
2. Which has a stimulant, depressant, or hallucinogenic effect on the 16
central nervous system that is substantially similar to or greater than the 17
stimulant, depressant, or hallucinogenic effect on the central nervous 18
system of a controlled substance in Schedule I or II; or 19
3. With respect to a particular person, which such person represents or 20
intends to have a stimulant, depressant, or hallucinogenic effect on the 21
central nervous system that is substantially similar to or greater than the 22
stimulant, depressant, or hallucinogenic effect on the central nervous 23
system of a controlled substance in Schedule I or II. 24
(b) Such term does not include: 25
1. Any substance for which there is an approved new drug application; 26
2. With respect to a particular person, any substance if an exemption is in 27 UNOFFICIAL COPY 23 RS BR 1003
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effect for investigational use for that person pursuant to federal law to 1
the extent conduct with respect to such substance is pursuant to such 2
exemption; or 3
3. Any substance to the extent not intended for human consumption before 4
the exemption described in subparagraph 2. of this paragraph takes 5
effect with respect to that substance; 6
(10) "Counterfeit substance" means a controlled substance which, or the container or 7
labeling of which, without authorization, bears the trademark, trade name, or other 8
identifying mark, imprint, number, or device, or any likeness thereof, of a 9
manufacturer, distributor, or dispenser other than the person who in fact 10
manufactured, distributed, or dispensed the substance; 11
(11) "Dispense" means to deliver a controlled substance to an ultimate user or research 12
subject by or pursuant to the lawful order of a practitioner, including the packaging, 13
labeling, or compounding necessary to prepare the substance for that delivery; 14
(12) "Dispenser" means a person who lawfully dispenses a Schedule II, III, IV, or V 15
controlled substance to or for the use of an ultimate user; 16
(13) "Distribute" means to deliver other than by administering or dispensing a controlled 17
substance; 18
(14) "Dosage unit" means a single pill, capsule, ampule, liquid, or other form of 19
administration available as a single unit; 20
(15) "Drug" means: 21
(a) Substances recognized as drugs in the official United States Pharmacopoeia, 22
official Homeopathic Pharmacopoeia of the United States, or official National 23
Formulary, or any supplement to any of them; 24
(b) Substances intended for use in the diagnosis, care, mitigation, treatment, or 25
prevention of disease in man or animals; 26
(c) Substances (other than food) intended to affect the structure or any function of 27 UNOFFICIAL COPY 23 RS BR 1003
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the body of man or animals; and 1
(d) Substances intended for use as a component of any article specified in this 2
subsection. 3
It does not include devices or their components, parts, or accessories; 4
(16) "Fentanyl" means a substance containing any quantity of fentanyl, or any of its 5
salts, isomers, or salts of isomers; 6
(17) "Fentanyl derivative" means a substance containing any quantity of any chemical 7
compound, except compounds specifically scheduled as controlled substances by 8
statute or by administrative regulation pursuant to this chapter, which is structurally 9
derived from 1-ethyl-4-(N-phenylamido) piperadine: 10
(a) By substitution: 11
1. At the 2-position of the 1-ethyl group with a phenyl, furan, thiophene, or 12
ethyloxotetrazole ring system; and 13
2. Of the terminal amido hydrogen atom with an alkyl, alkoxy, cycloalkyl, 14
or furanyl group; and 15
(b) Which may be further modified in one (1) or more of the following ways: 16
1. By substitution on the N-phenyl ring to any extent with alkyl, alkoxy, 17
haloalkyl, hydroxyl, or halide substituents; 18
2. By substitution on the piperadine ring to any extent with alkyl, allyl, 19
alkoxy, hydroxy, or halide substituents at the 2-, 3-, 5-, and/or 6- 20
positions; 21
3. By substitution on the piperadine ring to any extent with a phenyl, 22
alkoxy, or carboxylate ester substituent at the 4- position; or 23
4. By substitution on the 1-ethyl group to any extent with alkyl, alkoxy, or 24
hydroxy substituents; 25
(18) "Good faith prior examination," as used in KRS Chapter 218A and for criminal 26
prosecution only, means an in-person medical examination of the patient conducted 27 UNOFFICIAL COPY 23 RS BR 1003
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by the prescribing practitioner or other health-care professional routinely relied 1
upon in the ordinary course of his or her practice, at which time the patient is 2
physically examined and a medical history of the patient is obtained. "In-person" 3
includes telehealth examinations. This subsection shall not be applicable to hospice 4
providers licensed pursuant to KRS Chapter 216B; 5
(19) "Hazardous chemical substance" includes any chemical substance used or intended 6
for use in the illegal manufacture of a controlled substance as defined in this section 7
or the illegal manufacture of methamphetamine as defined in KRS 218A.1431, 8
which: 9
(a) Poses an explosion hazard; 10
(b) Poses a fire hazard; or 11
(c) Is poisonous or injurious if handled, swallowed, or inhaled; 12
(20) "Heroin" means a substance containing any quantity of heroin, or any of its salts, 13
isomers, or salts of isomers; 14
(21) "Hydrocodone combination product" means a drug with: 15
(a) Not more than three hundred (300) milligrams of dihydrocodeinone, or any of 16
its salts, per one hundred (100) milliliters or not more than fifteen (15) 17
milligrams per dosage unit, with a fourfold or greater quantity of an 18
isoquinoline alkaloid of opium; or 19
(b) Not more than three hundred (300) milligrams of dihydrocodeinone, or any of 20
its salts, per one hundred (100) milliliters or not more than fifteen (15) 21
milligrams per dosage unit, with one (1) or more active, nonnarcotic 22
ingredients in recognized therapeutic amounts; 23
(22) "Immediate precursor" means a substance which is the principal compound 24
commonly used or produced primarily for use, and which is an immediate chemical 25
intermediary used or likely to be used in the manufacture of a controlled substance 26
or methamphetamine, the control of which is necessary to prevent, curtail, or limit 27 UNOFFICIAL COPY 23 RS BR 1003
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manufacture; 1
(23) "Industrial hemp" has the same meaning as in KRS 260.850; 2
(24) "Industrial hemp products" has the same meaning as in KRS 260.850; 3
(25) "Intent to manufacture" means any evidence which demonstrates a person's 4
conscious objective to manufacture a controlled substance or methamphetamine. 5
Such evidence includes but is not limited to statements and a chemical substance's 6
usage, quantity, manner of storage, or proximity to other chemical substances or 7
equipment used to manufacture a controlled substance or methamphetamine; 8
(26) "Isomer" means the optical isomer, except the Cabinet for Health and Family 9
Services may include the optical, positional, or geometric isomer to classify any 10
substance pursuant to KRS 218A.020; 11
(27) "Manufacture," except as provided in KRS 218A.1431, means the production, 12
preparation, propagation, compounding, conversion, or processing of a controlled 13
substance, either directly or indirectly by extraction from substances of natural 14
origin or independently by means of chemical synthesis, or by a combination of 15
extraction and chemical synthesis, and includes any packaging or repackaging of 16
the substance or labeling or relabeling of its container except that this term does not 17
include activities: 18
(a) By a practitioner as an incident to his or her administering or dispensing of a 19
controlled substance in the course of his or her professional practice; 20
(b) By a practitioner, or by his or her authorized agent under his supervision, for 21
the purpose of, or as an incident to, research, teaching, or chemical analysis 22
and not for sale; or 23
(c) By a pharmacist as an incident to his or her dispensing of a controlled 24
substance in the course of his or her professional practice; 25
(28) "Marijuana" means all parts of the plant Cannabis sp., whether growing or not; the 26
seeds thereof; the resin extracted from any part of the plant; and every compound, 27 UNOFFICIAL COPY 23 RS BR 1003
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manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin 1
or any compound, mixture, or preparation which contains any quantity of these 2
substances. The term "marijuana" does not include: 3
(a) Industrial hemp that is in the possession, custody, or control of a person who 4
holds a license issued by the Department of Agriculture permitting that person 5
to cultivate, handle, or process industrial hemp; 6
(b) Industrial hemp products that do not include any living plants, viable seeds, 7
leaf materials, or floral materials; 8
(c) The substance cannabidiol, when transferred, dispensed, or administered 9
pursuant to the written order of a physician practicing at a hospital or 10
associated clinic affiliated with a Kentucky public university having a college 11
or school of medicine; 12
(d) For persons participating in a clinical trial or in an expanded access program, 13
a drug or substance approved for the use of those participants by the United 14
States Food and Drug Administration; 15
(e) A cannabidiol product derived from industrial hemp, as defined in KRS 16
260.850; 17
(f) For the purpose of conducting scientific research, a cannabinoid product 18
derived from industrial hemp, as defined in KRS 260.850;[ or] 19
(g) A cannabinoid product approved as a prescription medication by the United 20
States Food and Drug Administration; or 21
(h) Medicinal cannabis as defined in Section 1 of this Act; 22
(29) "Medical history," as used in KRS Chapter 218A and for criminal prosecution only, 23
means an accounting of a patient's medical background, including but not limited to 24
prior medical conditions, prescriptions, and family background; 25
(30) "Medical order," as used in KRS Chapter 218A and for criminal prosecution only, 26
means a lawful order of a specifically identified practitioner for a specifically 27 UNOFFICIAL COPY 23 RS BR 1003
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identified patient for the patient's health-care needs. "Medical order" may or may 1
not include a prescription drug order; 2
(31) "Medical record," as used in KRS Chapter 218A and for criminal prosecution only, 3
means a record, other than for financial or billing purposes, relating to a patient, 4
kept by a practitioner as a result of the practitioner-patient relationship; 5
(32) "Methamphetamine" means any substance that contains any quantity of 6
methamphetamine, or any of its salts, isomers, or salts of isomers; 7
(33) "Narcotic drug" means any of the following, whether produced directly or indirectly 8
by extraction from substances of vegetable origin, or independently by means of 9
chemical synthesis, or by a combination of extraction and chemical synthesis: 10
(a) Opium and opiate, and any salt, compound, derivative, or preparation of 11
opium or opiate; 12
(b) Any salt, compound, isomer, derivative, or preparation thereof which is 13
chemically equivalent or identical with any of the substances referred to in 14
paragraph (a) of this subsection, but not including the isoquinoline alkaloids 15
of opium; 16
(c) Opium poppy and poppy straw; 17
(d) Coca leaves, except coca leaves and extracts of coca leaves from which 18
cocaine, ecgonine, and derivatives of ecgonine or their salts have been 19
removed; 20
(e) Cocaine, its salts, optical and geometric isomers, and salts of isomers; 21
(f) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; and 22
(g) Any compound, mixture, or preparation which contains any quantity of any of 23
the substances referred to in paragraphs (a) to (f) of this subsection; 24
(34) "Opiate" means any substance having an addiction-forming or addiction-sustaining 25
liability similar to morphine or being capable of conversion into a drug having 26
addiction-forming or addiction-sustaining liability. It does not include, unless 27 UNOFFICIAL COPY 23 RS BR 1003
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specifically designated as controlled under KRS 218A.020, the dextrorotatory 1
isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does 2
include its racemic and levorotatory forms; 3
(35) "Opium poppy" means the plant of the species papaver somniferum L., except its 4
seeds; 5
(36) "Person" means individual, corporation, government or governmental subdivision 6
or agency, business trust, estate, trust, partnership or association, or any other legal 7
entity; 8
(37) "Physical injury" has the same meaning it has in KRS 500.080; 9
(38) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing; 10
(39) "Pharmacist" means a natural person licensed by this state to engage in the practice 11
of the profession of pharmacy; 12
(40) "Practitioner" means a physician, dentist, podiatrist, veterinarian, scientific 13
investigator, optometrist as authorized in KRS 320.240, advanced practice 14
registered nurse as authorized under KRS 314.011, physician assistant as authorized 15
under KRS 311.858, or other person licensed, registered, or otherwise permitted by 16
state or federal law to acquire, distribute, dispense, conduct research with respect to, 17
or to administer a controlled substance in the course of professional practice or 18
research in this state. "Practitioner" also includes a physician, dentist, podiatrist, 19
veterinarian, or advanced practice registered nurse authorized under KRS 314.011 20
who is a resident of and actively practicing in a state other than Kentucky and who 21
is licensed and has prescriptive authority for controlled substances under the 22
professional licensing laws of another state, unless the person's Kentucky license 23
has been revoked, suspended, restricted, or probated, in which case the terms of the 24
Kentucky license shall prevail; 25
(41) "Practitioner-patient relationship," as used in KRS Chapter 218A and for criminal 26
prosecution only, means a medical relationship that exists between a patient and a 27 UNOFFICIAL COPY 23 RS BR 1003
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practitioner or the practitioner's designee, after the practitioner or his or her 1
designee has conducted at least one (1) good faith prior examination; 2
(42) "Prescription" means a written, electronic, or oral order for a drug or medicine, or 3
combination or mixture of drugs or medicines, or proprietary preparation, signed or 4
given or authorized by a medical, dental, chiropody, veterinarian, optometric 5
practitioner, or advanced practice registered nurse, and intended for use in the 6
diagnosis, cure, mitigation, treatment, or prevention of disease in man or other 7
animals; 8
(43) "Prescription blank," with reference to a controlled substance, means a document 9
that meets the requirements of KRS 218A.204 and 217.216; 10
(44) "Presumptive probation" means a sentence of probation not to exceed the maximum 11
term specified for the offense, subject to conditions otherwise authorized by law, 12
that is presumed to be the appropriate sentence for certain offenses designated in 13
this chapter, notwithstanding contrary provisions of KRS Chapter 533. That 14
presumption shall only be overcome by a finding on the record by the sentencing 15
court of substantial and compelling reasons why the defendant cannot be safely and 16
effectively supervised in the community, is not amenable to community-based 17
treatment, or poses a significant risk to public safety; 18
(45) "Production" includes the manufacture, planting, cultivation, growing, or harvesting 19
of a controlled substance; 20
(46) "Recovery program" means an evidence-based, nonclinical service that assists 21
individuals and families working toward sustained recovery from substance use and 22
other criminal risk factors. This can be done through an array of support programs 23
and services that are delivered through residential and nonresidential means; 24
(47) "Salvia" means Salvia divinorum or Salvinorin A and includes all parts of the plant 25
presently classified botanically as Salvia divinorum, whether growing or not, the 26
seeds thereof, any extract from any part of that plant, and every compound, 27 UNOFFICIAL COPY 23 RS BR 1003
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manufacture, derivative, mixture, or preparation of that plant, its seeds, or its 1
extracts, including salts, isomers, and salts of isomers whenever the existence of 2
such salts, isomers, and salts of isomers is possible within the specific chemical 3
designation of that plant, its seeds, or extracts. The term shall not include any other 4
species in the genus salvia; 5
(48) "Second or subsequent offense" means that for the purposes of this chapter an 6
offense is considered as a second or subsequent offense, if, prior to his or her 7
conviction of the offense, the offender has at any time been convicted under this 8
chapter, or under any statute of the United States, or of any state relating to 9
substances classified as controlled substances or counterfeit substances, except that 10
a prior conviction for a nontrafficking offense shall be treated as a prior offense 11
only when the subsequent offense is a nontrafficking offense. For the purposes of 12
this section, a conviction voided under KRS 218A.275 or 218A.276 shall not 13
constitute a conviction under this chapter; 14
(49) "Sell" means to dispose of a controlled substance to another person for 15
consideration or in furtherance of commercial distribution; 16
(50) "Serious physical injury" has the same meaning it has in KRS 500.080; 17
(51) "Synthetic cannabinoids or piperazines" means any chemical compound which is 18
not approved by the United States Food and Drug Administration or, if approved, 19
which is not dispensed or possessed in accordance with state and federal law, that 20
contains Benzylpiperazine (BZP); Trifluoromethylphenylpiperazine (TFMPP); 1,1-21
Dimethylheptyl-11-hydroxytetrahydrocannabinol (HU-210); 1-Butyl-3-(1-22
naphthoyl)indole; 1-Pentyl-3-(1-naphthoyl)indole; dexanabinol (HU-211); or any 23
compound in the following structural classes: 24
(a) Naphthoylindoles: Any compound containing a 3-(1-naphthoyl)indole 25
structure with substitution at the nitrogen atom of the indole ring by an alkyl, 26
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-27 UNOFFICIAL COPY 23 RS BR 1003
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piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further 1
substituted in the indole ring to any extent and whether or not substituted in 2
the naphthyl ring to any extent. Examples of this structural class include but 3
are not limited to JWH-015, JWH-018, JWH-019, JWH-073, JWH-081, JWH-4
122, JWH-200, and AM-2201; 5
(b) Phenylacetylindoles: Any compound containing a 3-phenylacetylindole 6
structure with substitution at the nitrogen atom of the indole ring by an alkyl, 7
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-8
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether or not further 9
substituted in the indole ring to any extent and whether or not substituted in 10
the phenyl ring to any extent. Examples of this structural class include but are 11
not limited to JWH-167, JWH-250, JWH-251, and RCS-8; 12
(c) Benzoylindoles: Any compound containing a 3-(benzoyl)indole structure with 13
substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 14
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1 -(N-methyl-2-15
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether or not further 16
substituted in the indole ring to any extent and whether or not substituted in 17
the phenyl ring to any extent. Examples of this structural class include but are 18
not limited to AM-630, AM-2233, AM-694, Pravadoline (WIN 48,098), and 19
RCS-4; 20
(d) Cyclohexylphenols: Any compound containing a 2 -(3-21
hydroxycyclohexyl)phenol structure with substitution at the 5-position of the 22
phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, 23
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl 24
group whether or not substituted in the cyclohexyl ring to any extent. 25
Examples of this structural class include but are not limited to CP 47,497 and 26
its C8 homologue (cannabicyclohexanol); 27 UNOFFICIAL COPY 23 RS BR 1003
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(e) Naphthylmethylindoles: Any compound containing a 1H-indol-3-yl-(1-1
naphthyl)methane structure with substitution at the nitrogen atom of the 2
indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 3
1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether 4
or not further substituted in the indole ring to any extent and whether or not 5
substituted in the naphthyl ring to any extent. Examples of this structural class 6
include but are not limited to JWH-175, JWH-184, and JWH-185; 7
(f) Naphthoylpyrroles: Any compound containing a 3-(1-naphthoyl)pyrrole 8
structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, 9
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-10
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether or not further 11
substituted in the pyrrole ring to any extent and whether or not substituted in 12
the naphthyl ring to any extent. Examples of this structural class include but 13
are not limited to JWH-030, JWH-145, JWH-146, JWH-307, and JWH-368; 14
(g) Naphthylmethylindenes: Any compound containing a 1 -(1-15
naphthylmethyl)indene structure with substitution at the 3-position of the 16
indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 17
1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether 18
or not further substituted in the indene ring to any extent and whether or not 19
substituted in the naphthyl ring to any extent. Examples of this structural class 20
include but are not limited to JWH-176; 21
(h) Tetramethylcyclopropanoylindoles: Any compound containing a 3-(1-22
tetramethylcyclopropoyl)indole structure with substitution at the nitrogen 23
atom of the indole ring by an alkyl, haloalkyl, cycloalkylmethyl, 24
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl 25
group, whether or not further substituted in the indole ring to any extent and 26
whether or not further substituted in the tetramethylcyclopropyl ring to any 27 UNOFFICIAL COPY 23 RS BR 1003
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extent. Examples of this structural class include but are not limited to UR-144 1
and XLR-11; 2
(i) Adamantoylindoles: Any compound containing a 3-(1-adamantoyl)indole 3
structure with substitution at the nitrogen atom of the indole ring by an alkyl, 4
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-5
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further 6
substituted in the indole ring to any extent and whether or not substituted in 7
the adamantyl ring system to any extent. Examples of this structural class 8
include but are not limited to AB-001 and AM-1248; or 9
(j) Any other synthetic cannabinoid or piperazine which is not approved by the 10
United States Food and Drug Administration or, if approved, which is not 11
dispensed or possessed in accordance with state and federal law; 12
(52) "Synthetic cathinones" means any chemical compound which is not approved by 13
the United States Food and Drug Administration or, if approved, which is not 14
dispensed or possessed in accordance with state and federal law (not including 15
bupropion or compounds listed under a different schedule) structurally derived from 16
2-aminopropan-1-one by substitution at the 1-position with either phenyl, naphthyl, 17
or thiophene ring systems, whether or not the compound is further modified in one 18
(1) or more of the following ways: 19
(a) By substitution in the ring system to any extent with alkyl, alkylenedioxy, 20
alkoxy, haloalkyl, hydroxyl, or halide substituents, whether or not further 21
substituted in the ring system by one (1) or more other univalent substituents. 22
Examples of this class include but are not limited to 3,4 -23
Methylenedioxycathinone (bk-MDA); 24
(b) By substitution at the 3-position with an acyclic alkyl substituent. Examples 25
of this class include but are not limited to 2-methylamino-1-phenylbutan-1-26
one (buphedrone); 27 UNOFFICIAL COPY 23 RS BR 1003
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(c) By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or 1
methoxybenzyl groups, or by inclusion of the 2-amino nitrogen atom in a 2
cyclic structure. Examples of this class include but are not limited to 3
Dimethylcathinone, Ethcathinone, and -Pyrrolidinopropiophenone (-PPP); 4
or 5
(d) Any other synthetic cathinone which is not approved by the United States 6
Food and Drug Administration or, if approved, is not dispensed or possessed 7
in accordance with state or federal law; 8
(53) "Synthetic drugs" means any synthetic cannabinoids or piperazines or any synthetic 9
cathinones; 10
(54) "Telehealth" has the same meaning it has in KRS 311.550; 11
(55) "Tetrahydrocannabinols" means synthetic equivalents of the substances contained 12
in the plant, or in the resinous extractives of the plant Cannabis, sp. or synthetic 13
substances, derivatives, and their isomers with similar chemical structure and 14
pharmacological activity such as the following: 15
(a) Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers; 16
(b) Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; and 17
(c) Delta 3, 4 cis or trans tetrahydrocannabinol, and its optical isomers; 18
(56) "Traffic," except as provided in KRS 218A.1431, means to manufacture, distribute, 19
dispense, sell, transfer, or possess with intent to manufacture, distribute, dispense, 20
or sell a controlled substance; 21
(57) "Transfer" means to dispose of a controlled substance to another person without 22
consideration and not in furtherance of commercial distribution; and 23
(58) "Ultimate user" means a person who lawfully possesses a controlled substance for 24
his or her own use or for the use of a member of his or her household or for 25
administering to an animal owned by him or her or by a member of his or her 26
household. 27 UNOFFICIAL COPY 23 RS BR 1003
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Section 33. KRS 218A.1421 is amended to read as follows: 1
(1) A person is guilty of trafficking in marijuana when he or she knowingly and 2
unlawfully traffics in marijuana, and the trafficking is not in compliance with, or 3
otherwise authorized by, Sections 1 to 29 of this Act. 4
(2) Unless authorized by Sections 1 to 29 of this Act, trafficking in less than eight (8) 5
ounces of marijuana is: 6
(a) For a first offense a Class A misdemeanor. 7
(b) For a second or subsequent offense a Class D felony. 8
(3) Unless authorized by Sections 1 to 29 of this Act, trafficking in eight (8) or more 9
ounces but less than five (5) pounds of marijuana is: 10
(a) For a first offense a Class D felony. 11
(b) For a second or subsequent offense a Class C felony. 12
(4) Unless authorized by Sections 1 to 29 of this Act, trafficking in five (5) or more 13
pounds of marijuana is: 14
(a) For a first offense a Class C felony. 15
(b) For a second or subsequent offense a Class B felony. 16
(5) Unless authorized by Sections 1 to 29 of this Act, the unlawful possession by any 17
person of eight (8) or more ounces of marijuana shall be prima facie evidence that 18
the person possessed the marijuana with the intent to sell or transfer it. 19
(6) This section does not apply to: 20
(a) A cannabis business or a cannabis business agent, as defined in Section 1 21
of this Act, when acting in compliance with Sections 1 to 29 of this Act; or 22
(b) A cardholder, as defined in Section 1 of this Act, whose medicinal use of 23
cannabis is in compliance with Sections 1 to 29 of this Act. 24
Section 34. KRS 218A.1422 is amended to read as follows: 25
(1) A person is guilty of possession of marijuana when he or she knowingly and 26
unlawfully possesses marijuana, and the possession is not in compliance with, or 27 UNOFFICIAL COPY 23 RS BR 1003
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otherwise authorized by, Sections 1 to 29 of this Act. 1
(2) Possession of marijuana is a Class B misdemeanor, except that, KRS Chapter 532 2
to the contrary notwithstanding, the maximum term of incarceration shall be no 3
greater than forty-five (45) days. 4
(3) This section does not apply to: 5
(a) A cannabis business or a cannabis business agent, as defined in Section 1 6
of this Act, when acting in compliance with Sections 1 to 29 of this Act; or 7
(b) A cardholder, as defined in Section 1 of this Act, whose medicinal use of 8
cannabis is in compliance with Sections 1 to 29 of this Act. 9
Section 35. KRS 218A.1423 is amended to read as follows: 10
(1) A person is guilty of marijuana cultivation when he or she knowingly and 11
unlawfully plants, cultivates, or harvests marijuana with the intent to sell or transfer 12
it, and the cultivation is not in compliance with, or otherwise authorized by, 13
Sections 1 to 29 of this Act. 14
(2) Unless authorized by Sections 1 to 29 of this Act, marijuana cultivation of five (5) 15
or more plants of marijuana is: 16
(a) For a first offense a Class D felony. 17
(b) For a second or subsequent offense a Class C felony. 18
(3) Unless authorized by Sections 1 to 29 of this Act, marijuana cultivation of fewer 19
than five (5) plants is: 20
(a) For a first offense a Class A misdemeanor. 21
(b) For a second or subsequent offense a Class D felony. 22
(4) Unless authorized by Sections 1 to 29 of this Act, the planting, cultivating, or 23
harvesting of five (5) or more marijuana plants shall be prima facie evidence that 24
the marijuana plants were planted, cultivated, or harvested for the purpose of sale or 25
transfer. 26
(5) This section does not apply to a cannabis business or a cannabis business agent, 27 UNOFFICIAL COPY 23 RS BR 1003
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as defined in Section 1 of this Act, when acting in compliance with Sections 1 to 1
29 of this Act. 2
Section 36. KRS 218A.500 is amended to read as follows: 3
As used in this section and KRS 218A.510: 4
(1) "Drug paraphernalia" means all equipment, products and materials of any kind 5
which are used, intended for use, or designed for use in planting, propagating, 6
cultivating, growing, harvesting, manufacturing, compounding, converting, 7
producing, processing, preparing, testing, analyzing, packaging, repackaging, 8
storing, containing, concealing, injecting, ingesting, inhaling, or otherwise 9
introducing into the human body a controlled substance in violation of this chapter. 10
The term "drug paraphernalia" does not include medicinal cannabis accessories 11
as defined in Section 1 of this Act. It includes but is not limited to: 12
(a) Kits used, intended for use, or designed for use in planting, propagating, 13
cultivating, growing, or harvesting of any species of plant which is a 14
controlled substance or from which a controlled substance can be derived; 15
(b) Kits used, intended for use, or designed for use in manufacturing, 16
compounding, converting, producing, processing, or preparing controlled 17
substances; 18
(c) Isomerization devices used, intended for use, or designed for use in increasing 19
the potency of any species of plant which is a controlled substance; 20
(d) Testing equipment used, intended for use, or designed for use in identifying, 21
or in analyzing the strength, effectiveness or purity of controlled substances; 22
(e) Scales and balances used, intended for use, or designed for use in weighing or 23
measuring controlled substances; 24
(f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, 25
dextrose and lactose, used, intended for use, or designed for use in cutting 26
controlled substances; 27 UNOFFICIAL COPY 23 RS BR 1003
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(g) Separation gins and sifters used, intended for use, or designed for use in 1
removing twigs and seeds from, or in otherwise cleaning or refining 2
marijuana; 3
(h) Blenders, bowls, containers, spoons, and mixing devices used, intended for 4
use, or designed for use in compounding controlled substances; 5
(i) Capsules, balloons, envelopes, and other containers used, intended for use, or 6
designed for use in packaging small quantities of controlled substances; 7
(j) Containers and other objects used, intended for use, or designed for use in 8
storing or concealing controlled substances; 9
(k) Hypodermic syringes, needles, and other objects used, intended for use, or 10
designed for use in parenterally injecting controlled substances into the human 11
body; and 12
(l) Objects used, intended for use, or designed for use in ingesting, inhaling, or 13
otherwise introducing marijuana, cocaine, hashish, or hashish oil into the 14
human body, such as: metal, wooden, acrylic, glass, stone, plastic, or ceramic 15
pipes with or without screens, permanent screens, hashish heads, or punctured 16
metal bowls; water pipes; carburetion tubes and devices; smoking and 17
carburetion masks; roach clips which mean objects used to hold burning 18
material, such as marijuana cigarettes, that have become too small or too short 19
to be held in the hand; miniature cocaine spoons, and cocaine vials; chamber 20
pipes; carburetor pipes; electric pipes; air-driven pipes; chillums; bongs; ice 21
pipes or chillers. 22
(2) It is unlawful for any person to use, or to possess with intent to use, drug 23
paraphernalia for the purpose of planting, propagating, cultivating, growing, 24
harvesting, manufacturing, compounding, converting, producing, processing, 25
preparing, testing, analyzing, packing, repacking, storing, containing, concealing, 26
injecting, ingesting, inhaling, or otherwise introducing into the human body a 27 UNOFFICIAL COPY 23 RS BR 1003
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controlled substance in violation of this chapter. 1
(3) It is unlawful for any person to deliver, possess with intent to deliver, or 2
manufacture with intent to deliver, drug paraphernalia, knowing, or under 3
circumstances where one reasonably should know, that it will be used to plant, 4
propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, 5
process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, 6
inhale, or otherwise introduce into the human body a controlled substance in 7
violation of this chapter. 8
(4) It is unlawful for any person to place in any newspaper, magazine, handbill, or 9
other publication any advertisement, knowing, or under circumstances where one 10
reasonably should know, that the purpose of the advertisement, in whole or in part, 11
is to promote the sale of objects designed or intended for use as drug paraphernalia. 12
(5) (a) This section shall not prohibit a local health department from operating a 13
substance abuse treatment outreach program which allows participants to 14
exchange hypodermic needles and syringes. 15
(b) To operate a substance abuse treatment outreach program under this 16
subsection, the local health department shall have the consent, which may be 17
revoked at any time, of the local board of health and: 18
1. The legislative body of the first or home rule class city in which the 19
program would operate if located in such a city; and 20
2. The legislative body of the county, urban-county government, or 21
consolidated local government in which the program would operate. 22
(c) Items exchanged at the program shall not be deemed drug paraphernalia under 23
this section while located at the program. 24
(6) (a) Prior to searching a person, a person's premises, or a person's vehicle, a peace 25
officer may inquire as to the presence of needles or other sharp objects in the 26
areas to be searched that may cut or puncture the officer and offer to not 27 UNOFFICIAL COPY 23 RS BR 1003
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charge a person with possession of drug paraphernalia if the person declares 1
to the officer the presence of the needle or other sharp object. If, in response 2
to the offer, the person admits to the presence of the needle or other sharp 3
object prior to the search, the person shall not be charged with or prosecuted 4
for possession of drug paraphernalia for the needle or sharp object or for 5
possession of a controlled substance for residual or trace drug amounts 6
present on the needle or sharp object. 7
(b) The exemption under this subsection shall not apply to any other drug 8
paraphernalia that may be present and found during the search or to controlled 9
substances present in other than residual or trace amounts. 10
(7) (a) This section shall not prohibit the retail sale of hypodermic syringes and 11
needles without a prescription in pharmacies. 12
(b) Hypodermic syringe and needle inventory of a pharmacy shall not be deemed 13
drug paraphernalia under this section. 14
(8) Any person who violates any provision of this section shall be guilty of a Class A 15
misdemeanor. 16
Section 37. KRS 12.020 is amended to read as follows: 17
Departments, program cabinets and their departments, and the respective major 18
administrative bodies that they include are enumerated in this section. It is not intended 19
that this enumeration of administrative bodies be all-inclusive. Every authority, board, 20
bureau, interstate compact, commission, committee, conference, council, office, or any 21
other form of organization shall be included in or attached to the department or program 22
cabinet in which they are included or to which they are attached by statute or statutorily 23
authorized executive order; except in the case of the Personnel Board and where the 24
attached department or administrative body is headed by a constitutionally elected 25
officer, the attachment shall be solely for the purpose of dissemination of information and 26
coordination of activities and shall not include any authority over the functions, 27 UNOFFICIAL COPY 23 RS BR 1003
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personnel, funds, equipment, facilities, or records of the department or administrative 1
body. 2
I. Cabinet for General Government - Departments headed by elected officers: 3
(1) The Governor. 4
(2) Lieutenant Governor. 5
(3) Department of State. 6
(a) Secretary of State. 7
(b) Board of Elections. 8
(c) Registry of Election Finance. 9
(4) Department of Law. 10
(a) Attorney General. 11
(5) Department of the Treasury. 12
(a) Treasurer. 13
(6) Department of Agriculture. 14
(a) Commissioner of Agriculture. 15
(b) Agricultural Development Board. 16
(c) Kentucky Agricultural Finance Corporation. 17
(7) Auditor of Public Accounts. 18
II. Program cabinets headed by appointed officers: 19
(1) Justice and Public Safety Cabinet: 20
(a) Department of Kentucky State Police. 21
1. Office of Administrative Services. 22
a. Division of Operational Support. 23
b. Division of Management Services. 24
2. Office of Operations. 25
a. Division of West Troops. 26
b. Division of East Troops. 27 UNOFFICIAL COPY 23 RS BR 1003
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c. Division of Special Enforcement. 1
d. Division of Commercial Vehicle Enforcement. 2
3. Office of Technical Services. 3
a. Division of Forensic Sciences. 4
b. Division of Information Technology. 5
(b) Department of Criminal Justice Training. 6
(c) Department of Corrections. 7
(d) Department of Juvenile Justice. 8
(e) Office of the Secretary. 9
(f) Office of Drug Control Policy. 10
(g) Office of Legal Services. 11
(h) Office of the Kentucky State Medical Examiner. 12
(i) Parole Board. 13
(j) Kentucky State Corrections Commission. 14
(k) Office of Legislative and Intergovernmental Services. 15
(l) Office of Human Resource Management. 16
1. Division of Human Resource Administration. 17
2. Division of Employee Management. 18
(m) Department of Public Advocacy. 19
(n) Office of Communications. 20
1. Information Technology Services Division. 21
(o) Office of Financial Management Services. 22
1. Division of Financial Management. 23
(p) Grants Management Division. 24
(2) Energy and Environment Cabinet: 25
(a) Office of the Secretary. 26
1. Office of Legislative and Intergovernmental Affairs. 27 UNOFFICIAL COPY 23 RS BR 1003
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2. Office of Legal Services. 1
a. Legal Division I. 2
b. Legal Division II. 3
3. Office of Administrative Hearings. 4
4. Office of Communication. 5
5. Mine Safety Review Commission. 6
6. Office of Kentucky Nature Preserves. 7
7. Kentucky Public Service Commission. 8
(b) Department for Environmental Protection. 9
1. Office of the Commissioner. 10
2. Division for Air Quality. 11
3. Division of Water. 12
4. Division of Environmental Program Support. 13
5. Division of Waste Management. 14
6. Division of Enforcement. 15
7. Division of Compliance Assistance. 16
(c) Department for Natural Resources. 17
1. Office of the Commissioner. 18
2. Division of Mine Permits. 19
3. Division of Mine Reclamation and Enforcement. 20
4. Division of Abandoned Mine Lands. 21
5. Division of Oil and Gas. 22
6. Division of Mine Safety. 23
7. Division of Forestry. 24
8. Division of Conservation. 25
9. Office of the Reclamation Guaranty Fund. 26
(d) Office of Energy Policy. 27 UNOFFICIAL COPY 23 RS BR 1003
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1. Division of Energy Assistance. 1
(e) Office of Administrative Services. 2
1. Division of Human Resources Management. 3
2. Division of Financial Management. 4
3. Division of Information Services. 5
(3) Public Protection Cabinet. 6
(a) Office of the Secretary. 7
1. Office of Communications and Public Outreach. 8
2. Office of Legal Services. 9
a. Insurance Legal Division. 10
b. Charitable Gaming Legal Division. 11
c. Alcoholic Beverage and Cannabis Control Legal Division. 12
d. Housing, Buildings and Construction Legal Division. 13
e. Financial Institutions Legal Division. 14
f. Professional Licensing Legal Division. 15
3. Office of Administrative Hearings. 16
4. Office of Administrative Services. 17
a. Division of Human Resources. 18
b. Division of Fiscal Responsibility. 19
(b) Office of Claims and Appeals. 20
1. Board of Tax Appeals. 21
2. Board of Claims. 22
3. Crime Victims Compensation Board. 23
(c) Kentucky Boxing and Wrestling Commission. 24
(d) Kentucky Horse Racing Commission. 25
1. Office of Executive Director. 26
a. Division of Pari-mutuel Wagering and Compliance. 27 UNOFFICIAL COPY 23 RS BR 1003
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b. Division of Stewards. 1
c. Division of Licensing. 2
d. Division of Enforcement. 3
e. Division of Incentives and Development. 4
f. Division of Veterinary Services. 5
(e) Department of Alcoholic Beverage and Cannabis Control. 6
1. Division of Distilled Spirits. 7
2. Division of Malt Beverages. 8
3. Division of Medicinal Cannabis. 9
4. Division of Alcohol and Cannabis Enforcement. 10
(f) Department of Charitable Gaming. 11
1. Division of Licensing and Compliance. 12
2. Division of Enforcement. 13
(g) Department of Financial Institutions. 14
1. Division of Depository Institutions. 15
2. Division of Non-Depository Institutions. 16
3. Division of Securities. 17
(h) Department of Housing, Buildings and Construction. 18
1. Division of Fire Prevention. 19
2. Division of Plumbing. 20
3. Division of Heating, Ventilation, and Air Conditioning. 21
4. Division of Building Code Enforcement. 22
(i) Department of Insurance. 23
1. Division of Health and Life Insurance and Managed Care. 24
2. Division of Property and Casualty Insurance. 25
3. Division of Administrative Services. 26
4. Division of Financial Standards and Examination. 27 UNOFFICIAL COPY 23 RS BR 1003
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5. Division of Licensing. 1
6. Division of Insurance Fraud Investigation. 2
7. Division of Consumer Protection. 3
(j) Department of Professional Licensing. 4
1. Real Estate Authority. 5
(4) Transportation Cabinet: 6
(a) Department of Highways. 7
1. Office of Project Development. 8
2. Office of Project Delivery and Preservation. 9
3. Office of Highway Safety. 10
4. Highway District Offices One through Twelve. 11
(b) Department of Vehicle Regulation. 12
(c) Department of Aviation. 13
(d) Department of Rural and Municipal Aid. 14
1. Office of Local Programs. 15
2. Office of Rural and Secondary Roads. 16
(e) Office of the Secretary. 17
1. Office of Public Affairs. 18
2. Office for Civil Rights and Small Business Development. 19
3. Office of Budget and Fiscal Management. 20
4. Office of Inspector General. 21
5. Secretary's Office of Safety. 22
(f) Office of Support Services. 23
(g) Office of Transportation Delivery. 24
(h) Office of Audits. 25
(i) Office of Human Resource Management. 26
(j) Office of Information Technology. 27 UNOFFICIAL COPY 23 RS BR 1003
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(k) Office of Legal Services. 1
(5) Cabinet for Economic Development: 2
(a) Office of the Secretary. 3
1. Office of Legal Services. 4
2. Department for Business Development. 5
3. Department for Financial Services. 6
a. Kentucky Economic Development Finance Authority. 7
b. Finance and Personnel Division. 8
c. IT and Resource Management Division. 9
d. Compliance Division. 10
e. Incentive Administration Division. 11
f. Bluegrass State Skills Corporation. 12
4. Office of Marketing and Public Affairs. 13
a. Communications Division. 14
b. Graphics Design Division. 15
5. Office of Workforce, Community Development, and Research. 16
6. Office of Entrepreneurship and Small Business Innovation. 17
a. Commission on Small Business Innovation and Advocacy. 18
(6) Cabinet for Health and Family Services: 19
(a) Office of the Secretary. 20
1. Office of the Ombudsman and Administrative Review. 21
2. Office of Public Affairs. 22
3. Office of Legal Services. 23
4. Office of Inspector General. 24
5. Office of Human Resource Management. 25
6. Office of Finance and Budget. 26
7. Office of Legislative and Regulatory Affairs. 27 UNOFFICIAL COPY 23 RS BR 1003
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8. Office of Administrative Services. 1
9. Office of Application Technology Services. 2
10. Office of Data Analytics. 3
(b) Department for Public Health. 4
(c) Department for Medicaid Services. 5
(d) Department for Behavioral Health, Developmental and Intellectual 6
Disabilities. 7
(e) Department for Aging and Independent Living. 8
(f) Department for Community Based Services. 9
(g) Department for Income Support. 10
(h) Department for Family Resource Centers and Volunteer Services. 11
(i) Office for Children with Special Health Care Needs. 12
(7) Finance and Administration Cabinet: 13
(a) Office of the Secretary. 14
(b) Office of the Inspector General. 15
(c) Office of Legislative and Intergovernmental Affairs. 16
(d) Office of General Counsel. 17
(e) Office of the Controller. 18
(f) Office of Administrative Services. 19
(g) Office of Policy and Audit. 20
(h) Department for Facilities and Support Services. 21
(i) Department of Revenue. 22
(j) Commonwealth Office of Technology. 23
(k) State Property and Buildings Commission. 24
(l) Office of Equal Employment Opportunity and Contract Compliance. 25
(m) Kentucky Employees Retirement Systems. 26
(n) Commonwealth Credit Union. 27 UNOFFICIAL COPY 23 RS BR 1003
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(o) State Investment Commission. 1
(p) Kentucky Housing Corporation. 2
(q) Kentucky Local Correctional Facilities Construction Authority. 3
(r) Kentucky Turnpike Authority. 4
(s) Historic Properties Advisory Commission. 5
(t) Kentucky Higher Education Assistance Authority. 6
(u) Kentucky River Authority. 7
(v) Kentucky Teachers' Retirement System Board of Trustees. 8
(w) Executive Branch Ethics Commission. 9
(x) Office of Fleet Management. 10
(8) Tourism, Arts and Heritage Cabinet: 11
(a) Kentucky Department of Tourism. 12
1. Division of Tourism Services. 13
2. Division of Marketing and Administration. 14
3. Division of Communications and Promotions. 15
(b) Kentucky Department of Parks. 16
1. Division of Information Technology. 17
2. Division of Human Resources. 18
3. Division of Financial Operations. 19
4. Division of Purchasing. 20
5. Division of Facilities. 21
6. Division of Park Operations. 22
7. Division of Sales, Marketing, and Customer Service. 23
8. Division of Engagement. 24
9. Division of Food Services. 25
10. Division of Rangers. 26
(c) Department of Fish and Wildlife Resources. 27 UNOFFICIAL COPY 23 RS BR 1003
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1. Division of Law Enforcement. 1
2. Division of Administrative Services. 2
3. Division of Engineering, Infrastructure, and Technology. 3
4. Division of Fisheries. 4
5. Division of Information and Education. 5
6. Division of Wildlife. 6
7. Division of Marketing. 7
(d) Kentucky Horse Park. 8
1. Division of Support Services. 9
2. Division of Buildings and Grounds. 10
3. Division of Operational Services. 11
(e) Kentucky State Fair Board. 12
1. Office of Administrative and Information Technology Services. 13
2. Office of Human Resources and Access Control. 14
3. Division of Expositions. 15
4. Division of Kentucky Exposition Center Operations. 16
5. Division of Kentucky International Convention Center. 17
6. Division of Public Relations and Media. 18
7. Division of Venue Services. 19
8. Division of Personnel Management and Staff Development. 20
9. Division of Sales. 21
10. Division of Security and Traffic Control. 22
11. Division of Information Technology. 23
12. Division of the Louisville Arena. 24
13. Division of Fiscal and Contract Management. 25
14. Division of Access Control. 26
(f) Office of the Secretary. 27 UNOFFICIAL COPY 23 RS BR 1003
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1. Office of Finance. 1
2. Office of Government Relations and Administration. 2
(g) Office of Legal Affairs. 3
(h) Office of Human Resources. 4
(i) Office of Public Affairs and Constituent Services. 5
(j) Office of Arts and Cultural Heritage. 6
(k) Kentucky African-American Heritage Commission. 7
(l) Kentucky Foundation for the Arts. 8
(m) Kentucky Humanities Council. 9
(n) Kentucky Heritage Council. 10
(o) Kentucky Arts Council. 11
(p) Kentucky Historical Society. 12
1. Division of Museums. 13
2. Division of Oral History and Educational Outreach. 14
3. Division of Research and Publications. 15
4. Division of Administration. 16
(q) Kentucky Center for the Arts. 17
1. Division of Governor's School for the Arts. 18
(r) Kentucky Artisans Center at Berea. 19
(s) Northern Kentucky Convention Center. 20
(t) Eastern Kentucky Exposition Center. 21
(9) Personnel Cabinet: 22
(a) Office of the Secretary. 23
(b) Department of Human Resources Administration. 24
(c) Office of Employee Relations. 25
(d) Kentucky Public Employees Deferred Compensation Authority. 26
(e) Office of Administrative Services. 27 UNOFFICIAL COPY 23 RS BR 1003
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(f) Office of Legal Services. 1
(g) Governmental Services Center. 2
(h) Department of Employee Insurance. 3
(i) Office of Diversity, Equality, and Training. 4
(j) Office of Public Affairs. 5
(10) Education and Labor Cabinet: 6
(a) Office of the Secretary. 7
1. Office of Legal Services. 8
a. Workplace Standards Legal Division. 9
b. Workers' Claims Legal Division. 10
c. Workforce Development Legal Division. 11
2. Office of Administrative Services. 12
a. Division of Human Resources Management. 13
b. Division of Fiscal Management. 14
c. Division of Operations and Support Services. 15
3. Office of Technology Services. 16
a. Division of Information Technology Services. 17
4. Office of Policy and Audit. 18
5. Office of Legislative Services. 19
6. Office of Communications. 20
7. Office of the Kentucky Center for Statistics. 21
8. Board of the Kentucky Center for Statistics. 22
9. Early Childhood Advisory Council. 23
10. Governors' Scholars Program. 24
11. Governor's School for Entrepreneurs Program. 25
12. Foundation for Adult Education. 26
(b) Department of Education. 27 UNOFFICIAL COPY 23 RS BR 1003
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1. Kentucky Board of Education. 1
2. Kentucky Technical Education Personnel Board. 2
3. Education Professional Standards Board. 3
(c) Board of Directors for the Center for School Safety. 4
(d) Department for Libraries and Archives. 5
(e) Kentucky Environmental Education Council. 6
(f) Kentucky Educational Television. 7
(g) Kentucky Commission on the Deaf and Hard of Hearing. 8
(h) Department of Workforce Development. 9
1. Career Development Office. 10
2. Office of Vocational Rehabilitation. 11
a. Division of Kentucky Business Enterprise. 12
b. Division of the Carl D. Perkins Vocational Training Center. 13
c. Division of Blind Services. 14
d. Division of Field Services. 15
e. Statewide Council for Vocational Rehabilitation. 16
f. Employment First Council. 17
3. Office of Employer and Apprenticeship Services. 18
a. Division of Apprenticeship. 19
4. Kentucky Apprenticeship Council. 20
5. Division of Technical Assistance. 21
6. Office of Adult Education. 22
7. Office of the Kentucky Workforce Innovation Board. 23
(i) Department of Workplace Standards. 24
1. Division of Occupational Safety and Health Compliance. 25
2. Division of Occupational Safety and Health Education and 26
Training. 27 UNOFFICIAL COPY 23 RS BR 1003
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3. Division of Wages and Hours. 1
(j) Office of Unemployment Insurance. 2
(k) Kentucky Unemployment Insurance Commission. 3
(l) Department of Workers' Claims. 4
1. Division of Workers' Compensation Funds. 5
2. Office of Administrative Law Judges. 6
3. Division of Claims Processing. 7
4. Division of Security and Compliance. 8
5. Division of Specialist and Medical Services. 9
6. Workers' Compensation Board. 10
(m) Workers' Compensation Funding Commission. 11
(n) Kentucky Occupational Safety and Health Standards Board. 12
(o) State Labor Relations Board. 13
(p) Employers' Mutual Insurance Authority. 14
(q) Kentucky Occupational Safety and Health Review Commission. 15
(r) Workers' Compensation Nominating Committee. 16
(s) Office of Educational Programs. 17
(t) Kentucky Workforce Innovation Board. 18
(u) Kentucky Commission on Proprietary Education. 19
(v) Kentucky Work Ready Skills Advisory Committee. 20
(w) Kentucky Geographic Education Board. 21
III. Other departments headed by appointed officers: 22
(1) Council on Postsecondary Education. 23
(2) Department of Military Affairs. 24
(3) Department for Local Government. 25
(4) Kentucky Commission on Human Rights. 26
(5) Kentucky Commission on Women. 27 UNOFFICIAL COPY 23 RS BR 1003
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(6) Department of Veterans' Affairs. 1
(7) Kentucky Commission on Military Affairs. 2
(8) Office of Minority Empowerment. 3
(9) Governor's Council on Wellness and Physical Activity. 4
(10) Kentucky Communications Network Authority. 5
Section 38. KRS 12.252 is amended to read as follows: 6
(1) There is established within the Public Protection Cabinet a Department of Financial 7
Institutions, a Department of Insurance, a Department of Housing, Buildings and 8
Construction, a Department of Charitable Gaming, a Department of Professional 9
Licensing, and a Department of Alcoholic Beverage and Cannabis Control. Each 10
department shall be headed by a commissioner appointed by the Governor as 11
required by KRS 12.040 and, where appropriate, by KRS 238.510, 241.015, and 12
304.2-020. Commissioners shall be directly responsible to the secretary and shall 13
perform the functions, powers, and duties provided by law and prescribed by the 14
secretary. 15
(2) The secretary of the Public Protection Cabinet shall be appointed by the Governor 16
in accordance with KRS 12.255. The Office of the Secretary shall contain the 17
following entities: 18
(a) The Office of Communications and Public Outreach, which shall be headed 19
by an executive director appointed by the secretary with the approval of the 20
Governor in accordance with KRS 12.050; 21
(b) The Office of Legal Services, which shall be headed by an executive director 22
appointed by the secretary with the approval of the Governor in accordance 23
with KRS 12.050 and 12.210; 24
(c) The Office of Administrative Hearings, which shall be headed by an executive 25
director appointed by the secretary with the approval of the Governor in 26
accordance with KRS 12.050 and 12.210; and 27 UNOFFICIAL COPY 23 RS BR 1003
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(d) The Office of Administrative Services, which shall be headed by an executive 1
director appointed by the secretary with the approval of the Governor in 2
accordance with KRS 12.050. 3
(3) There is established within the Public Protection Cabinet the Office of Claims and 4
Appeals pursuant to KRS 49.010. 5
(4) The Kentucky Horse Racing Commission is attached to the Public Protection 6
Cabinet for administrative purposes only, except as provided in KRS 131.330. 7
(5) There is established within the Public Protection Cabinet the Kentucky Boxing and 8
Wrestling Commission, which shall be headed by an executive director appointed 9
by the secretary with the approval of the Governor as required by KRS 12.050. The 10
executive director shall be directly responsible to the secretary and shall perform 11
the functions, powers, and duties provided by law and prescribed by the secretary. 12
Section 39. KRS 15.300 is amended to read as follows: 13
(1) As used in this section, "consent order" means the consent order of December 21, 14
1998, agreed to in Commonwealth of Kentucky v. Philip Morris Inc. et al., Docket 15
Number 98-CI-01579, Franklin Circuit Court. 16
(2) There is created the Tobacco Master Settlement Agreement Compliance Advisory 17
Board in the Department of Law. The board shall be composed of six (6) members 18
as follows: 19
(a) The Attorney General, or the Attorney General's designee; 20
(b) The secretary of the Cabinet for Health and Family Services, or the secretary's 21
designee; 22
(c) The Commissioner of Agriculture, or the Commissioner's designee; 23
(d) The secretary of the Public Protection Cabinet, or the secretary's designee; 24
and 25
(e) Two (2) citizens at large appointed by the Attorney General. 26
(3) The citizen members of the board shall serve for terms of one (1) year and until 27 UNOFFICIAL COPY 23 RS BR 1003
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their successors are appointed. The citizen members shall be eligible for successive 1
terms on the board. 2
(4) The board shall annually elect a member to serve as its chair and shall meet at least 3
quarterly on a date set by the board. Board members shall be reimbursed for 4
necessary expenses incurred in serving on the board. 5
(5) The board may adopt rules governing the conduct of its meetings, the creation of 6
meeting agendas, and other procedural matters it deems necessary. The board may 7
adopt reporting forms, which shall be developed in consultation with participating 8
agencies. 9
(6) The Office of the Attorney General shall: 10
(a) Enter into a memorandum of agreement with the Department of Public Health 11
of the Cabinet for Health and Family Services, the Department of Alcoholic 12
Beverage and Cannabis Control in the Public Protection Cabinet, and the 13
Department of Agriculture to identify and report possible violations of the 14
consent order; 15
(b) Attempt to secure funding under the master settlement agreement to reimburse 16
the agencies specified in paragraph (a) of this subsection for any compliance 17
activity that they perform; and 18
(c) Provide necessary funding and staff for administrative expenses related to the 19
operation of the board. The board may request assistance from other state 20
agencies. 21
(7) The Tobacco Master Settlement Agreement Compliance Advisory Board shall: 22
(a) Identify activities for which training is required for personnel of the state 23
agencies specified in paragraph (a) of subsection (6) of this section that are 24
responsible for identifying and reporting possible violations of the consent 25
order; 26
(b) Determine eligible compliance training costs and seek reimbursement for the 27 UNOFFICIAL COPY 23 RS BR 1003
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costs; and 1
(c) Notify the appropriate tobacco manufacturer, in writing, of any alleged 2
violation of the consent order and request a response and, if applicable, a 3
corrective action plan within thirty (30) days from the date of the notice. If the 4
manufacturer fails to respond or to satisfactorily resolve the matter, the board 5
shall review the matter at its next meeting and may refer the matter to the 6
Office of the Attorney General for enforcement action, if warranted. 7
Section 40. KRS 15.380 is amended to read as follows: 8
(1) The following officers employed or appointed as full-time, part-time, or auxiliary 9
officers, whether paid or unpaid, shall be certified: 10
(a) Department of Kentucky State Police officers, but for the commissioner of the 11
Department of Kentucky State Police; 12
(b) City, county, and urban-county police officers; 13
(c) Court security officers and deputy sheriffs, except those identified in KRS 14
70.045 and 70.263(3); 15
(d) State or public university police officers appointed pursuant to KRS 164.950; 16
(e) School resource officers as defined in KRS 158.441 and employed or 17
appointed under KRS 158.4414; 18
(f) Airport safety and security officers appointed under KRS 183.880; 19
(g) Department of Alcoholic Beverage and Cannabis Control investigators 20
appointed under KRS 241.090; 21
(h) Division of Insurance Fraud Investigation investigators appointed under KRS 22
304.47-040; 23
(i) Fire investigators appointed or employed under KRS 95A.100 or 227.220; and 24
(j) County detectives appointed in accordance with KRS 69.360 after July 1, 25
2019. 26
(2) The requirements of KRS 15.380 to 15.404 for certification may apply to all state 27 UNOFFICIAL COPY 23 RS BR 1003
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peace officers employed pursuant to KRS Chapter 18A and shall, if adopted, be 1
incorporated by the Personnel Cabinet for job specifications. 2
(3) Additional training in excess of the standards set forth in KRS 15.380 to 15.404 for 3
all peace officers possessing arrest powers who have specialized law enforcement 4
responsibilities shall be the responsibility of the employing agency. 5
(4) The following officers may, upon request of the employing agency, be certified by 6
the council: 7
(a) Deputy coroners; 8
(b) Deputy constables; 9
(c) Deputy jailers; 10
(d) Deputy sheriffs under KRS 70.045 and 70.263(3); 11
(e) Officers appointed under KRS 61.360; 12
(f) Officers appointed under KRS 61.902, except those who are school resource 13
officers as defined in KRS 158.441 and who shall be certified under 14
subsection (1)(e) of this section; 15
(g) Private security officers; 16
(h) Employees of a correctional services division created pursuant to KRS 17
67A.028 and employees of a metropolitan correctional services department 18
created pursuant to KRS 67B.010 to 67B.080; and 19
(i) Investigators employed by the Department of Charitable Gaming in 20
accordance with KRS 238.510; and 21
(j) Commonwealth detectives employed under KRS 69.110 and county 22
detectives employed under KRS 69.360. 23
(5) The following officers shall be exempted from the certification requirements but 24
may upon their request be certified by the council: 25
(a) Sheriffs; 26
(b) Coroners; 27 UNOFFICIAL COPY 23 RS BR 1003
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(c) Constables; 1
(d) Jailers; 2
(e) Kentucky Horse Racing Commission security officers employed under KRS 3
230.240; and 4
(f) Commissioner of the State Police. 5
(6) Federal peace officers cannot be certified under KRS 15.380 to 15.404. 6
(7) Local alcoholic beverage control investigators appointed under KRS Chapter 241 7
on or after April 1, 2019, shall be certified by the council if all minimum standards 8
set forth in KRS 15.380 to 15.404 have been met. Local alcoholic beverage control 9
investigators appointed under KRS Chapter 241 before April 1, 2019, shall be 10
exempt from this requirement. 11
Section 41. KRS 15.398 is amended to read as follows: 12
The following Kentucky Revised Statutes and any administrative regulations 13
promulgated thereunder affecting those peace officers required to be certified pursuant to 14
KRS 15.380 to 15.404 shall not be superseded by the provisions of KRS 15.380 to 15
15.404, and in all instances the provisions of all statutes specified below shall prevail: 16
(1) KRS Chapter 16, relating to Department of Kentucky State Police Officers; 17
(2) KRS Chapter 70, relating to sheriffs, and deputy sheriffs; 18
(3) KRS Chapter 78, relating to county police; 19
(4) KRS Chapters 15 and 95, except for KRS 95.955, relating to city and urban-county 20
police; 21
(5) KRS Chapter 183, relating to airport safety and security officers; 22
(6) KRS Chapter 164, relating to State Universities and Colleges; Regional Education 23
and Archaeology officers; 24
(7) KRS Chapter 18A, relating to all state peace officers; 25
(8) KRS 241.090, relating to Department of Alcoholic Beverage and Cannabis Control 26
investigators; 27 UNOFFICIAL COPY 23 RS BR 1003
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(9) KRS 304.47-040, relating to Division of Insurance Fraud Investigators; and 1
(10) Any other statutes affecting peace officers not specifically cited herein. 2
Section 42. KRS 15.420 is amended to read as follows: 3
As used in KRS 15.410 to 15.510, unless the context otherwise requires: 4
(1) "Cabinet" means the Justice and Public Safety Cabinet; 5
(2) (a) "Police officer" means: 6
1. A local officer, limited to: 7
a. A full-time: 8
i. Member of a lawfully organized police department of 9
county, urban-county, or city government; or 10
ii. Sheriff or full-time deputy sheriff, including any sheriff 11
providing court security or appointed under KRS 70.030; 12
b. A school resource officer as defined in KRS 158.441; or 13
c. One (1) of the following who is otherwise eligible for an annual 14
supplement established in accordance with KRS 15.460, but who 15
does not receive one: 16
i. An officer serving on a joint task force; 17
ii. A detective employed by a county attorney; 18
iii. A process server for juvenile courts within a consolidated 19
local government; and 20
iv. A local alcoholic beverage control investigator appointed 21
pursuant to KRS Chapter 241; and 22
2. A state officer, limited to: 23
a. A public university police officer; 24
b. A Kentucky state trooper; 25
c. A Kentucky State Police arson investigator; 26
d. A Kentucky State Police hazardous device investigator; 27 UNOFFICIAL COPY 23 RS BR 1003
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e. A Kentucky State Police legislative security specialist; 1
f. A Kentucky vehicle enforcement officer; 2
g. A Kentucky Horse Park mounted patrol officer, subject to KRS 3
15.460(1)(f); 4
h. A Kentucky state park ranger, subject to KRS 15.460(1)(f); 5
i. An agriculture investigator; 6
j. A charitable gaming investigator; 7
k. An alcoholic beverage and cannabis control investigator; 8
l. An insurance fraud investigator; 9
m. An Attorney General investigator; 10
n. A Kentucky Department of Fish and Wildlife Resources 11
conservation officer, subject to KRS 15.460(1)(e); and 12
o. Any detective for a Commonwealth's attorney who would 13
otherwise be eligible for a supplement established in accordance 14
with KRS 15.460, but who does not receive one; 15
who is responsible for the prevention and detection of crime and the 16
enforcement of the general criminal laws of the state; 17
(b) "Police officer" does not include any sheriff who earns the maximum 18
constitutional salary for this office, any special deputy sheriff appointed under 19
KRS 70.045, any constable, deputy constable, district detective, deputy 20
district detective, special local peace officer, auxiliary police officer, or any 21
other peace officer not specifically authorized in KRS 15.410 to 15.510; 22
(3) "Police department" means the employer of a police officer; 23
(4) "Retirement plan" means a defined benefit plan consisting of required employer 24
contributions pursuant to KRS 61.565, 61.702, or any other provision of law; 25
(5) "Unit of government" means any city, county, combination of cities and counties, 26
public university, state agency, local school district, or county sheriff's office of the 27 UNOFFICIAL COPY 23 RS BR 1003
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Commonwealth; and 1
(6) "Validated job task analysis" means the core job description that describes the 2
minimum entry level requirements, qualifications, and training requirements for 3
peace officers in the Commonwealth, and that is based upon an actual survey and 4
study of police officer duties and responsibilities conducted by an entity recognized 5
by the council as being competent to conduct such a study. 6
Section 43. KRS 15A.340 is amended to read as follows: 7
(1) As used in this section and KRS 15A.342 and 15A.344, "KY-ASAP" means the 8
Kentucky Agency for Substance Abuse Policy. 9
(2) The Office of Drug Control Policy shall administer an endowment from interest 10
generated through funds appropriated or gifts, donations, or funds received from 11
any source. The Office of Drug Control Policy may expend endowment principal, if 12
necessary in its discretion, to carry out the purposes of this section and KRS 13
15A.342 and 15A.344. These expenditures from the endowment principal are 14
hereby appropriated for this purpose. 15
(3) (a) The Office of Drug Control Policy shall oversee the activities specified in this 16
section and KRS 15A.342 and 15A.344 and provide administrative support to 17
the seventeen (17) member KY-ASAP Board, which is created to oversee the 18
activities of KY-ASAP. Membership of the board shall be appointed by the 19
Governor and shall consist of the following: 20
1. One (1) member representing the Kentucky Family Resource Youth 21
Services Coalition, or a designee; 22
2. One (1) member representing the Kentucky Health Department 23
Association, or a designee; 24
3. The secretary of the Cabinet for Health and Family Services, or 25
designee; 26
4. The secretary of the Justice and Public Safety Cabinet, or a designee; 27 UNOFFICIAL COPY 23 RS BR 1003
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5. One (1) member representing the Division of Behavioral Health within 1
the Department for Behavioral Health, Developmental and Intellectual 2
Disabilities, Cabinet for Health and Family Services, or a designee; 3
6. The commissioner of the Department for Public Health, Cabinet for 4
Health and Family Services, or a designee; 5
7. The commissioner of the Department of Alcoholic Beverage and 6
Cannabis Control, or a designee; 7
8. The commissioner of the Department of Education; 8
9. The director of the Administrative Office of the Courts, or a designee; 9
10. One (1) member representing the Kentucky Association of Regional 10
Programs, or a designee; 11
11. One (1) member representing the Kentucky Heart Association, or a 12
designee; 13
12. One (1) member representing the Kentucky Lung Association, or a 14
designee; 15
13. One (1) member representing the Kentucky Cancer Society, or a 16
designee; 17
14. Two (2) members representing local tobacco addiction and substance 18
abuse advisory and coordination boards; and 19
15. Two (2) members representing private community-based organizations, 20
whether for-profit or nonprofit, with experience in programs involving 21
smoking cessation or prevention or alcohol or substance abuse 22
prevention and treatment. 23
(b) Members shall serve for a term of four (4) years, may be reappointed, and 24
may serve no more than two (2) consecutive terms. Members shall not be 25
compensated but shall receive reimbursement for expenses incurred while 26
performing board business. 27 UNOFFICIAL COPY 23 RS BR 1003
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(c) The board shall meet at least quarterly. A quorum of nine (9) members shall 1
be required for the transaction of business. Meetings shall be held at the call 2
of the chair, or upon the written request of two (2) members to the chair. 3
(d) The board shall: 4
1. Oversee deposits and expenditures from the endowment; 5
2. Request, in its discretion, an audit relating to the expenditure of 6
endowment funds; 7
3. Receive quarterly reports from the commissioner of the Department of 8
Alcoholic Beverage and Cannabis Control regarding KY-ASAP's 9
activities; 10
4. Progress toward development and implementation of the strategic plan; 11
5. Recommend to KY-ASAP the most efficient means for using public 12
funds to coordinate, supplement, and support high quality and ongoing 13
programs of all public agencies and private service providers related to 14
smoking cessation and prevention and alcohol and substance abuse 15
prevention and treatment; 16
6. Recommend matters for review and analysis by KY-ASAP; and 17
7. Perform other duties as necessary for the oversight of KY-ASAP. 18
(4) The Office of Drug Control Policy and KY-ASAP shall promote the 19
implementation of research-based strategies that target Kentucky's youth and adult 20
populations. 21
(5) The Office of Drug Control Policy and KY-ASAP shall vigorously pursue the 22
philosophy that tobacco in the hands of Kentucky's youth is a drug abuse problem 23
because of the addictive qualities of nicotine, and because tobacco is the most 24
prevalent gateway drug that leads to later and escalated drug and alcohol abuse. 25
Section 44. KRS 61.592 (Effective April 1, 2023) is amended to read as 26
follows: 27 UNOFFICIAL COPY 23 RS BR 1003
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(1) (a) "Hazardous position" for employees participating in the Kentucky Employees 1
Retirement System means: 2
1. Any position whose principal duties involve active law enforcement, 3
including the positions of probation and parole officer and 4
Commonwealth detective, active fire suppression or prevention, or other 5
positions, including but not limited to pilots of the Transportation 6
Cabinet and paramedics and emergency medical technicians, with duties 7
that require frequent exposure to a high degree of danger or peril and 8
also require a high degree of physical conditioning; 9
2. Positions in the Department of Corrections in state correctional 10
institutions and the Kentucky Correctional Psychiatric Center with 11
duties that regularly and routinely require face-to-face contact with 12
inmates; and 13
3. Positions of employees who elect coverage under KRS 196.167(3)(b)2. 14
and who continue to provide educational services and support to inmates 15
as a Department of Corrections employee. 16
(b) The effective date of participation under hazardous duty coverage for 17
positions in the Department of Alcoholic Beverage and Cannabis Control 18
shall be April 1, 1998. The employer and employee contributions shall be paid 19
by the employer and forwarded to the retirement system for the period not 20
previously reported. 21
(2) Each employer may request of the board hazardous duty coverage for those 22
positions as defined in subsection (1) of this section. Upon request, each employer 23
shall certify to the system, in the manner prescribed by the board, the names of all 24
employees working in a hazardous position as defined in subsection (1) of this 25
section for which coverage is requested. The certification of the employer shall bear 26
the approval of the agent or agency responsible for the budget of the department or 27 UNOFFICIAL COPY 23 RS BR 1003
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county indicating that the required employer contributions have been provided for 1
in the budget of the employing department or county. The system shall determine 2
whether the employees whose names have been certified by the employer are 3
working in positions meeting the definition of a hazardous position as provided by 4
subsection (1) of this section. This process shall not be required for employees who 5
elect coverage under KRS 196.167(3)(b)2. 6
(3) (a) An employee who elects coverage under KRS 196.167(3)(b)2., and an 7
employee participating in the Kentucky Employees Retirement System who is 8
determined by the system to be working in a hazardous position in accordance 9
with subsection (2) of this section, shall contribute, for each pay period for 10
which he or she receives compensation, eight percent (8%) of his or her 11
creditable compensation. 12
(b) Each employer shall pay employer contributions based on the creditable 13
compensation of the employees determined by the system to be working in a 14
hazardous position at the employer contribution rate as determined by the 15
board. The rate shall be determined by actuarial methods consistent with the 16
provisions of KRS 61.565. 17
(c) If the employer participated in the system prior to electing hazardous duty 18
coverage, the employer may pay to the system the cost of converting the 19
nonhazardous service to hazardous service from the date of participation to 20
the date the payment is made, or the employer may establish a payment 21
schedule for payment of the cost of the hazardous service above that which 22
would be funded within the existing employer contribution rate. The employer 23
may extend the payment schedule to a maximum of thirty (30) years. 24
Payments made by the employer under this subsection shall be deposited to 25
the retirement allowance account of the proper retirement system and these 26
funds shall not be considered accumulated contributions of the individual 27 UNOFFICIAL COPY 23 RS BR 1003
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members. If the employer elects not to make the additional payment, the 1
employee may pay the cost of converting the service and provide payment for 2
the cost as provided by KRS 61.552(9). Payments made by the employee 3
under this subsection shall not be picked up, as described in KRS 61.560(4), 4
by the employer. If neither the employer nor employee makes the payment, 5
the service prior to hazardous coverage shall remain nonhazardous. The 6
provisions of this paragraph shall not apply to members who begin 7
participating in the systems administered by Kentucky Retirement Systems on 8
or after January 1, 2014. 9
(4) The normal retirement age, retirement allowance, hybrid cash balance plans except 10
as provided by KRS 16.583(2)(b)2. and 16.584, other benefits, eligibility 11
requirements, rights, and responsibilities of a member in a hazardous position, as 12
prescribed by subsections (1), (2), and (3) of this section, and the responsibilities, 13
rights, and requirements of his or her employer shall be as prescribed for a member 14
and employer participating in the State Police Retirement System as provided for by 15
KRS 16.505 to 16.652. 16
(5) Any person employed in a hazardous position after July 1, 1972, shall be required 17
to undergo a thorough medical examination by a licensed physician, and a copy of 18
the medical report of the physician shall be retained on file by the employee's 19
department or county and made available to the system upon request. 20
(6) If doubt exists regarding the benefits payable to a hazardous position employee 21
under this section, the board shall determine the benefits payable under KRS 61.510 22
to 61.705 or 16.505 to 16.652. 23
Section 45. KRS 62.160 is amended to read as follows: 24
(1) The state officers elected by the voters of the state at large, except the Governor and 25
the Lieutenant Governor, the heads of departments, offices, and cabinets of the state 26
government, the adjutant general, the members of the Public Service Commission, 27 UNOFFICIAL COPY 23 RS BR 1003
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the members of the State Fair Board and Fish and Wildlife Resources Commission, 1
and the members of the Board of Tax Appeals, Board of Claims, Crime Victims 2
Compensation Board, and the Alcoholic Beverage Control Board, shall each give 3
bond. The amounts of the bonds shall be fixed by the Governor, which amounts as 4
to those offices set forth in subsection (2) of this section shall be not less than the 5
amounts set forth for the respective offices. At any time when it appears to be to the 6
interest of the Commonwealth, the Governor may increase the penal sum of any 7
bond or require a renewal of the bond with other or additional surety. 8
(2) The minimum sum of the bond for the following offices shall be as follows: 9
Secretary of State .............................................................................................$10,000 10
Attorney General................................................................................................10,000 11
State Treasurer .................................................................................................300,000 12
Secretary for economic development ................................................................10,000 13
Commissioner of Agriculture ............................................................................10,000 14
Secretary of education and labor .......................................................................10,000 15
Auditor of Public Accounts ...............................................................................25,000 16
Adjutant general .................................................................................................10,000 17
Secretary of finance and administration ..........................................................100,000 18
Commissioner of revenue ..................................................................................50,000 19
Secretary of transportation .................................................................................50,000 20
Commissioner of highways ...............................................................................50,000 21
Secretary of justice and public safety ................................................................50,000 22
Secretary of corrections .....................................................................................25,000 23
Commissioner for public health services ...........................................................10,000 24
Commissioner for natural resources ..................................................................50,000 25
State librarian .......................................................................................................5,000 26
Commissioner of alcoholic beverage and cannabis control .............................10,000 27 UNOFFICIAL COPY 23 RS BR 1003
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Commissioner of financial institutions ..............................................................25,000 1
Secretary for energy and environment ...............................................................50,000 2
Commissioner of insurance ...............................................................................50,000 3
Commissioner of vehicle regulation ..................................................................10,000 4
Commissioner of fish and wildlife resources ......................................................5,000 5
Secretary for health and family services ............................................................20,000 6
Commissioner of environmental protection ......................................................10,000 7
Secretary of public protection ............................................................................10,000 8
Secretary of tourism, arts and heritage ..............................................................25,000 9
Commissioner for community based services ...................................................20,000 10
Member of the Public Service Commission ......................................................10,000 11
Member of State Fair Board ..............................................................................10,000 12
Member of Fish and Wildlife Resources Commission ........................................1,000 13
Member of Board of Tax Appeals .....................................................................10,000 14
Member of Board of Claims ..............................................................................10,000 15
Member of Crime Victims Compensation Board ..............................................10,000 16
Associate member of Alcoholic Beverage Control Board ...................................5,000 17
Commissioner of local government .................................................................100,000 18
Section 46. KRS 131.1815 is amended to read as follows: 19
(1) Whenever it is determined that a taxpayer, who holds a license under KRS Chapter 20
243, is a delinquent taxpayer as defined in subsection (2) of this section, the 21
department may, after giving notice as provided in subsection (3) of this section, 22
submit the name of the taxpayer to the Department of Alcoholic Beverage and 23
Cannabis Control for revocation of any license issued under KRS Chapter 243. 24
(2) Any of the following situations shall be sufficient to cause a taxpayer to be 25
classified as a "delinquent taxpayer" for purposes of this section: 26
(a) When a taxpayer has an overdue state tax liability arising directly or indirectly 27 UNOFFICIAL COPY 23 RS BR 1003
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from the manufacture, sale, transportation, or distribution of alcoholic 1
beverages, for which all protest and appeal rights granted by law have 2
expired, and the taxpayer has been contacted by the department concerning 3
the overdue tax liability. This does not include a taxpayer who is making 4
current timely installment payments on the overdue tax liability under 5
agreement with the department; 6
(b) When a taxpayer has not filed a required tax return as of ninety (90) days after 7
the due date or after the extended due date, and the taxpayer has been 8
contacted by the department concerning the delinquent return; or 9
(c) When an owner, partner, or corporate officer of a proprietorship, partnership, 10
or corporation holding a license under KRS Chapter 243 held a similar 11
position in a business whose license was revoked as a "delinquent taxpayer," 12
and the tax liability remains unpaid as of ninety (90) days after the due date. 13
(3) At least twenty (20) days before submitting a taxpayer's name to the Department of 14
Alcoholic Beverage and Cannabis Control as provided in subsection (1) of this 15
section, the department shall notify the taxpayer by certified mail that the action is 16
to be taken. The notice shall state the reason for the action and shall set out the 17
amount of any tax liability including any applicable penalties and interest and any 18
other area of noncompliance that must be satisfied in order to prevent the 19
submission of his or her name to the Department of Alcoholic Beverage and 20
Cannabis Control as a delinquent taxpayer. 21
Section 47. KRS 211.285 is amended to read as follows: 22
(1) There is hereby created the malt beverage educational fund which shall provide 23
moneys on a matching basis for educational information and materials that deter or 24
eliminate underage drinking. The fund shall consist of moneys generated from one 25
percent (1%) of the excise tax collected from the sale and distribution of malt 26
beverages under KRS 243.720 and one percent (1%) of the wholesale tax collected 27 UNOFFICIAL COPY 23 RS BR 1003
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from distributors of malt beverages and microbreweries under KRS 243.884. 1
(2) The malt beverage educational fund shall be established in the State Treasury as a 2
trust and revolving account under KRS 45.253. Moneys in the account shall be 3
distributed by the State Treasurer to the Malt Beverage Educational Corporation, a 4
nonprofit organization that is organized under the laws of this state, upon the 5
authorization of the secretary of the Cabinet for Health and Family Services. The 6
moneys shall be awarded to the corporation solely to fund educational programs to 7
deter or eliminate underage drinking. 8
(3) The secretary of the Cabinet for Health and Family Services shall authorize that 9
moneys from the fund be disbursed to the corporation upon the secretary's receipt of 10
a certification from the corporation showing the moneys the corporation has 11
received from malt beverage distributors, microbreweries, and other private sources 12
since the last certification. The moneys disbursed from the fund shall be equal to 13
the contributions that the corporation has received from its members and other 14
private sources during that period. The moneys in the fund shall be disbursed in 15
accordance with a schedule established by the secretary, and shall be disbursed until 16
the moneys in the fund are exhausted or until the moneys in the fund lapse in 17
accordance with subsection (4) of this section, whichever comes first. 18
(4) Moneys that are credited to the fund and not issued to the corporation shall lapse at 19
the end of the fiscal year and shall be returned to the general fund. 20
(5) As a condition of receiving the governmental funds, the corporation's board of 21
directors shall include the following among its directors: 22
(a) The Governor or his or her designee; 23
(b) The Attorney General or his or her designee; 24
(c) The President of the Senate or his or her designee; 25
(d) The Speaker of the House or his or her designee; 26
(e) The secretary of the Cabinet for Health and Family Services or his or her 27 UNOFFICIAL COPY 23 RS BR 1003
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designee; and 1
(f) The commissioner of the Department of Alcoholic Beverage and Cannabis 2
Control or his or her designee. 3
(6) All expenditures of moneys from the fund shall be approved by a majority of those 4
persons set out in subsection (5)(a) to (f) of this section. If the moneys from the 5
fund are not expended in their entirety, any moneys that remain unused by the 6
corporation at the end of the fiscal year shall be returned to the general fund. 7
(7) Any moneys from the fund that are not expended shall be returned to the general 8
fund upon the dissolution of the corporation. 9
(8) Any high school in the Commonwealth of Kentucky that was registered with the 10
Department of Education as of July 1, 1997, may make an application to the Malt 11
Beverage Education Corporation by February 28 of each year and shall be granted a 12
minimum of five hundred dollars ($500) annually from the funds contributed by the 13
malt beverage educational fund for the single purpose of supporting "Project 14
Graduation" events. 15
Section 48. KRS 241.010 is amended to read as follows: 16
As used in KRS Chapters 241 to 244, unless the context requires otherwise: 17
(1) "Alcohol" means ethyl alcohol, hydrated oxide of ethyl or spirit of wine, from 18
whatever source or by whatever process it is produced; 19
(2) "Alcoholic beverage" means every liquid, solid, powder, or crystal, whether 20
patented or not, containing alcohol in an amount in excess of more than one percent 21
(1%) of alcohol by volume, which is fit for beverage purposes. It includes every 22
spurious or imitation liquor sold as, or under any name commonly used for, 23
alcoholic beverages, whether containing any alcohol or not. It does not include the 24
following products: 25
(a) Medicinal preparations manufactured in accordance with formulas prescribed 26
by the United States Pharmacopoeia, National Formulary, or the American 27 UNOFFICIAL COPY 23 RS BR 1003
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Institute of Homeopathy; 1
(b) Patented, patent, and proprietary medicines; 2
(c) Toilet, medicinal, and antiseptic preparations and solutions; 3
(d) Flavoring extracts and syrups; 4
(e) Denatured alcohol or denatured rum; 5
(f) Vinegar and preserved sweet cider; 6
(g) Wine for sacramental purposes; and 7
(h) Alcohol unfit for beverage purposes that is to be sold for legitimate external 8
use; 9
(3) (a) "Alcohol vaporizing device" or "AWOL device" means any device, machine, 10
or process that mixes liquor, spirits, or any other alcohol product with pure 11
oxygen or by any other means produces a vaporized alcoholic product used 12
for human consumption; 13
(b) "Alcohol vaporizing device" or "AWOL device" does not include an inhaler, 14
nebulizer, atomizer, or other device that is designed and intended by the 15
manufacturer to dispense a prescribed or over-the-counter medication or a 16
device installed and used by a licensee under this chapter to demonstrate the 17
aroma of an alcoholic beverage; 18
(4) "Automobile race track" means a facility primarily used for vehicle racing that has a 19
seating capacity of at least thirty thousand (30,000) people; 20
(5) "Barrel-aged and batched cocktail" means an alcoholic beverage that is: 21
(a) Composed of: 22
1. Distilled spirits that have been dispensed from their original sealed 23
container; and 24
2. Other ingredients or alcoholic beverages; 25
(b) Placed into a barrel or container on the premises of a retail licensee; and 26
(c) Dispensed from the barrel or container as a retail sale by the drink; 27 UNOFFICIAL COPY 23 RS BR 1003
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(6) "Bed and breakfast" means a one (1) family dwelling unit that: 1
(a) Has guest rooms or suites used, rented, or hired out for occupancy or that are 2
occupied for sleeping purposes by persons not members of the single-family 3
unit; 4
(b) Holds a permit under KRS Chapter 219; and 5
(c) Has an innkeeper who resides on the premises or property adjacent to the 6
premises during periods of occupancy; 7
(7) "Board" means the State Alcoholic Beverage Control Board created by KRS 8
241.030; 9
(8) "Bottle" means any container which is used for holding alcoholic beverages for the 10
use and sale of alcoholic beverages at retail; 11
(9) "Brewer" means any person who manufactures malt beverages or owns, occupies, 12
carries on, works, or conducts any brewery, either alone or through an agent; 13
(10) "Brewery" means any place or premises where malt beverages are manufactured for 14
sale, and includes all offices, granaries, mash rooms, cooling rooms, vaults, yards, 15
and storerooms connected with the premises; or where any part of the process of the 16
manufacture of malt beverages is carried on; or where any apparatus connected with 17
manufacture is kept or used; or where any of the products of brewing or 18
fermentation are stored or kept; 19
(11) "Building containing licensed premises" means the licensed premises themselves 20
and includes the land, tract of land, or parking lot in which the premises are 21
contained, and any part of any building connected by direct access or by an 22
entrance which is under the ownership or control of the licensee by lease holdings 23
or ownership; 24
(12) "Caterer" means a person operating a food service business that prepares food in a 25
licensed and inspected commissary, transports the food and alcoholic beverages to 26
the caterer's designated and inspected banquet hall or to an agreed location, and 27 UNOFFICIAL COPY 23 RS BR 1003
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serves the food and alcoholic beverages pursuant to an agreement with another 1
person; 2
(13) "Charitable organization" means a nonprofit entity recognized as exempt from 3
federal taxation under section 501(c) of the Internal Revenue Code (26 U.S.C. sec. 4
501(c)) or any organization having been established and continuously operating 5
within the Commonwealth of Kentucky for charitable purposes for three (3) years 6
and which expends at least sixty percent (60%) of its gross revenue exclusively for 7
religious, educational, literary, civic, fraternal, or patriotic purposes; 8
(14) "Cider" means any fermented fruit-based beverage containing seven percent (7%) 9
or more alcohol by volume and includes hard cider and perry cider; 10
(15) "City administrator" means city alcoholic beverage control administrator; 11
(16) "Commercial airport" means an airport through which more than five hundred 12
thousand (500,000) passengers arrive or depart annually; 13
(17) (a) "Commercial quadricycle" means a vehicle equipped with a minimum of ten 14
(10) pairs of fully operative pedals for propulsion by means of human 15
muscular power and which: 16
1. Has four (4) wheels; 17
2. Is operated in a manner similar to that of a bicycle; 18
3. Is equipped with a minimum of thirteen (13) seats for passengers; 19
4. Has a unibody design; 20
5. Is equipped with a minimum of four (4) hydraulically operated brakes; 21
6. Is used for commercial tour purposes; 22
7. Is operated by the vehicle owner or an employee of the owner; and 23
8. Has an electrical assist system that shall only be used when traveling to 24
or from its storage location while not carrying passengers. 25
(b) A "commercial quadricycle" is not a motor vehicle as defined in KRS 186.010 26
or 189.010; 27 UNOFFICIAL COPY 23 RS BR 1003
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(18) "Commissioner" means the commissioner of the Department of Alcoholic Beverage 1
and Cannabis Control; 2
(19) "Consumer" means a person, persons, or business organization who purchases 3
alcoholic beverages and who: 4
(a) Does not hold a license or permit issued by the department; 5
(b) Purchases the alcoholic beverages for personal consumption only and not for 6
resale; 7
(c) Is of lawful drinking age; and 8
(d) Receives the alcoholic beverages in territory where the alcoholic beverages 9
may be lawfully sold or received; 10
(20) "Convention center" means any facility which, in its usual and customary business, 11
provides seating for a minimum of one thousand (1,000) people and offers 12
convention facilities and related services for seminars, training and educational 13
purposes, trade association meetings, conventions, or civic and community events 14
or for plays, theatrical productions, or cultural exhibitions; 15
(21) "Convicted" and "conviction" means a finding of guilt resulting from a plea of 16
guilty, the decision of a court, or the finding of a jury, irrespective of a 17
pronouncement of judgment or the suspension of the judgment; 18
(22) "County administrator" means county alcoholic beverage control administrator; 19
(23) "Department" means the Department of Alcoholic Beverage and Cannabis Control; 20
(24) "Dining car" means a railroad passenger car that serves meals to consumers on any 21
railroad or Pullman car company; 22
(25) "Discount in the usual course of business" means price reductions, rebates, refunds, 23
and discounts given by wholesalers to distilled spirits and wine retailers pursuant to 24
an agreement made at the time of the sale of the merchandise involved and are 25
considered a part of the sales transaction, constituting reductions in price pursuant 26
to the terms of the sale, irrespective of whether the quantity discount was: 27 UNOFFICIAL COPY 23 RS BR 1003
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(a) Prorated and allowed on each delivery; 1
(b) Given in a lump sum after the entire quantity of merchandise purchased had 2
been delivered; or 3
(c) Based on dollar volume or on the quantity of merchandise purchased; 4
(26) "Distilled spirits" or "spirits" means any product capable of being consumed by a 5
human being which contains alcohol in excess of the amount permitted by KRS 6
Chapter 242 obtained by distilling, mixed with water or other substances in 7
solution, except wine, hard cider, and malt beverages; 8
(27) "Distiller" means any person who is engaged in the business of manufacturing 9
distilled spirits at any distillery in the state and is registered in the Office of the 10
Collector of Internal Revenue for the United States at Louisville, Kentucky; 11
(28) "Distillery" means any place or premises where distilled spirits are manufactured 12
for sale, and which are registered in the office of any collector of internal revenue 13
for the United States. It includes any United States government bonded warehouse; 14
(29) "Distributor" means any person who distributes malt beverages for the purpose of 15
being sold at retail; 16
(30) "Dry" means a territory in which a majority of the electorate voted to prohibit all 17
forms of retail alcohol sales through a local option election held under KRS Chapter 18
242; 19
(31) "Election" means: 20
(a) An election held for the purpose of taking the sense of the people as to the 21
application or discontinuance of alcoholic beverage sales under KRS Chapter 22
242; or 23
(b) Any other election not pertaining to alcohol; 24
(32) "Horse racetrack" means a facility licensed to conduct a horse race meeting under 25
KRS Chapter 230; 26
(33) "Hotel" means a hotel, motel, or inn for accommodation of the traveling public, 27 UNOFFICIAL COPY 23 RS BR 1003
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designed primarily to serve transient patrons; 1
(34) "Investigator" means any employee or agent of the department who is regularly 2
employed and whose primary function is to travel from place to place for the 3
purpose of visiting licensees, and any employee or agent of the department who is 4
assigned, temporarily or permanently, by the commissioner to duty outside the main 5
office of the department at Frankfort, in connection with the administration of 6
alcoholic beverage statutes; 7
(35) "License" means any license issued pursuant to KRS Chapters 241 to 244; 8
(36) "Licensee" means any person to whom a license has been issued, pursuant to KRS 9
Chapters 241 to 244; 10
(37) "Limited restaurant" means: 11
(a) A facility where the usual and customary business is the preparation and 12
serving of meals to consumers, which has a bona fide kitchen facility, which 13
receives at least seventy percent (70%) of its food and alcoholic beverage 14
receipts from the sale of food, which maintains a minimum seating capacity of 15
fifty (50) persons for dining, which has no open bar, which requires that 16
alcoholic beverages be sold in conjunction with the sale of a meal, and which 17
is located in a wet or moist territory under KRS 242.1244; or 18
(b) A facility where the usual and customary business is the preparation and 19
serving of meals to consumers, which has a bona fide kitchen facility, which 20
receives at least seventy percent (70%) of its food and alcoholic beverage 21
receipts from the sale of food, which maintains a minimum seating capacity of 22
one hundred (100) persons of dining, and which is located in a wet or moist 23
territory under KRS 242.1244; 24
(38) "Local administrator" means a city alcoholic beverage administrator, county 25
alcoholic beverage administrator, or urban-county alcoholic beverage control 26
administrator; 27 UNOFFICIAL COPY 23 RS BR 1003
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(39) "Malt beverage" means any fermented undistilled alcoholic beverage of any name 1
or description, manufactured from malt wholly or in part, or from any substitute for 2
malt, and includes weak cider; 3
(40) "Manufacture" means distill, rectify, brew, bottle, and operate a winery; 4
(41) "Manufacturer" means a winery, distiller, rectifier, or brewer, and any other person 5
engaged in the production or bottling of alcoholic beverages; 6
(42) "Minor" means any person who is not twenty-one (21) years of age or older; 7
(43) "Moist" means a territory in which a majority of the electorate voted to permit 8
limited alcohol sales by any one (1) or a combination of special limited local option 9
elections authorized by KRS Chapter 242; 10
(44) "Population" means the population figures established by the federal decennial 11
census for a census year or the current yearly population estimates prepared by the 12
Kentucky State Data Center, Urban Studies Center of the University of Louisville, 13
Louisville, Kentucky, for all other years; 14
(45) "Premises" means the land and building in and upon which any business regulated 15
by alcoholic beverage statutes is operated or carried on. "Premises" shall not 16
include as a single unit two (2) or more separate businesses of one (1) owner on the 17
same lot or tract of land, in the same or in different buildings if physical and 18
permanent separation of the premises is maintained, excluding employee access by 19
keyed entry and emergency exits equipped with crash bars, and each has a separate 20
public entrance accessible directly from the sidewalk or parking lot. Any licensee 21
holding an alcoholic beverage license on July 15, 1998, shall not, by reason of this 22
subsection, be ineligible to continue to hold his or her license or obtain a renewal, 23
of the license; 24
(46) "Primary source of supply" or "supplier" means the distiller, winery, brewer, 25
producer, owner of the commodity at the time it becomes a marketable product, 26
bottler, or authorized agent of the brand owner. In the case of imported products, 27 UNOFFICIAL COPY 23 RS BR 1003
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the primary source of supply means either the foreign producer, owner, bottler, or 1
agent of the prime importer from, or the exclusive agent in, the United States of the 2
foreign distiller, producer, bottler, or owner; 3
(47) "Private club" means a nonprofit social, fraternal, military, or political organization, 4
club, or nonprofit or for-profit entity maintaining or operating a club room, club 5
rooms, or premises from which the general public is excluded; 6
(48) "Private selection event" means a private event with a licensed distiller during 7
which participating consumers, retail licensees, wholesalers, distributors, or a 8
distillery's own representatives select a single barrel or a blend of barrels of the 9
distiller's products to be specially packaged for the participants; 10
(49) "Private selection package" means a bottle of distilled spirits sourced from the 11
barrel or barrels selected by participating consumers, retail licensees, wholesalers, 12
distributors, microbreweries that hold a quota retail drink or quota retail package 13
license, or a distillery's own representatives during a private selection event; 14
(50) "Public nuisance" means a condition that endangers safety or health, is offensive to 15
the senses, or obstructs the free use of property so as to interfere with the 16
comfortable enjoyment of life or property by a community or neighborhood or by 17
any considerable number of persons; 18
(51) "Qualified historic site" means: 19
(a) A contributing property with dining facilities for at least fifty (50) persons at 20
tables, booths, or bars where food may be served within a commercial district 21
listed in the National Register of Historic Places; 22
(b) A site that is listed as a National Historic Landmark or in the National 23
Register of Historic Places with dining facilities for at least fifty (50) persons 24
at tables, booths, or bars where food may be served; 25
(c) A distillery which is listed as a National Historic Landmark and which 26
conducts souvenir retail package sales under KRS 243.0305; or 27 UNOFFICIAL COPY 23 RS BR 1003
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(d) A not-for-profit or nonprofit facility listed on the National Register of Historic 1
Places; 2
(52) "Rectifier" means any person who rectifies, purifies, or refines distilled spirits, 3
malt, or wine by any process other than as provided for on distillery premises, and 4
every person who, without rectifying, purifying, or refining distilled spirits by 5
mixing alcoholic beverages with any materials, manufactures any imitations of or 6
compounds liquors for sale under the name of whiskey, brandy, gin, rum, wine, 7
spirits, cordials, bitters, or any other name; 8
(53) "Repackaging" means the placing of alcoholic beverages in any retail container 9
irrespective of the material from which the container is made; 10
(54) "Restaurant" means a facility where the usual and customary business is the 11
preparation and serving of meals to consumers, that has a bona fide kitchen facility, 12
and that receives at least fifty percent (50%) of its food and alcoholic beverage 13
receipts from the sale of food at the premises; 14
(55) "Retail container" means any bottle, can, barrel, or other container which, without a 15
separable intermediate container, holds alcoholic beverages and is suitable and 16
destined for sale to a retail outlet, whether it is suitable for delivery or shipment to 17
the consumer or not; 18
(56) "Retail sale" means any sale of alcoholic beverages to a consumer, including those 19
transactions taking place in person, electronically, online, by mail, or by telephone; 20
(57) "Retailer" means any licensee who sells and delivers any alcoholic beverage to 21
consumers, except for manufacturers with limited retail sale privileges and direct 22
shipper licensees; 23
(58) "Riverboat" means any boat or vessel with a regular place of mooring in this state 24
that is licensed by the United States Coast Guard to carry one hundred (100) or 25
more passengers for hire on navigable waters in or adjacent to this state; 26
(59) "Sale" means any transfer, exchange, or barter for consideration, and includes all 27 UNOFFICIAL COPY 23 RS BR 1003
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sales made by any person, whether principal, proprietor, agent, servant, or 1
employee, of any alcoholic beverage; 2
(60) "Service bar" means a bar, counter, shelving, or similar structure used for storing or 3
stocking supplies of alcoholic beverages that is a workstation where employees 4
prepare alcoholic beverage drinks to be delivered to customers away from the 5
service bar; 6
(61) "Sell" includes solicit or receive an order for, keep or expose for sale, keep with 7
intent to sell, and the delivery of any alcoholic beverage; 8
(62) "Small farm winery" means a winery whose wine production is not less than two 9
hundred fifty (250) gallons and not greater than five hundred thousand (500,000) 10
gallons in a calendar year; 11
(63) "Souvenir package" means a special package of distilled spirits available from a 12
licensed retailer that is: 13
(a) Available for retail sale at a licensed Kentucky distillery where the distilled 14
spirits were produced or bottled; or 15
(b) Available for retail sale at a licensed Kentucky distillery but produced or 16
bottled at another of that distiller's licensed distilleries in Kentucky; 17
(64) "State administrator" or "administrator" means the distilled spirits administrator or 18
the malt beverages administrator, or both, as the context requires; 19
(65) "State park" means a state park that has a: 20
(a) Nine (9) or eighteen (18) hole golf course; or 21
(b) Full-service lodge and dining room; 22
(66) "Supplemental bar" means a bar, counter, shelving, or similar structure used for 23
serving and selling distilled spirits or wine by the drink for consumption on the 24
licensed premises to guests and patrons from additional locations other than the 25
main bar; 26
(67) "Territory" means a county, city, district, or precinct; 27 UNOFFICIAL COPY 23 RS BR 1003
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(68) "Urban-county administrator" means an urban-county alcoholic beverage control 1
administrator; 2
(69) "Valid identification document" means an unexpired, government-issued form of 3
identification that contains the photograph and date of birth of the individual to 4
whom it is issued; 5
(70) "Vehicle" means any device or animal used to carry, convey, transport, or otherwise 6
move alcoholic beverages or any products, equipment, or appurtenances used to 7
manufacture, bottle, or sell these beverages; 8
(71) "Vintage distilled spirit" means: 9
(a) A private selection package; or 10
(b) A package or packages of distilled spirits that: 11
1. Are in their original manufacturer's unopened container; 12
2. Are not owned by a distillery; and 13
3. Are not otherwise available for purchase from a licensed wholesaler 14
within the Commonwealth; 15
(72) (a) "Vintage distilled spirits seller" means a nonlicensed person at least twenty-16
one (21) years of age who is: 17
1. An administrator, executor, receiver, or other fiduciary who receives and 18
sells vintage distilled spirits in execution of the person's fiduciary 19
capacity; 20
2. A creditor who receives or takes possession of vintage distilled spirits as 21
security for, or in payment of, debt, in whole or in part; 22
3. A public officer or court official who levies on vintage distilled spirits 23
under order or process of any court or magistrate to sell the vintage 24
distilled spirits in satisfaction of the order or process; or 25
4. Any other person not engaged in the business of selling alcoholic 26
beverages. 27 UNOFFICIAL COPY 23 RS BR 1003
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(b) "Vintage distilled spirits seller" does not mean: 1
1. A person selling alcoholic beverages as part of an approved KRS 2
243.630 transfer; or 3
2. A person selling alcoholic beverages as authorized by KRS 243.540; 4
(73) "Warehouse" means any place in which alcoholic beverages are housed or stored; 5
(74) "Weak cider" means any fermented fruit-based beverage containing more than one 6
percent (1%) but less than seven percent (7%) alcohol by volume; 7
(75) "Wet" means a territory in which a majority of the electorate voted to permit all 8
forms of retail alcohol sales by a local option election under KRS 242.050 or 9
242.125 on the following question: "Are you in favor of the sale of alcoholic 10
beverages in (name of territory)?"; 11
(76) "Wholesale sale" means a sale to any person for the purpose of resale; 12
(77) "Wholesaler" means any person who distributes alcoholic beverages for the purpose 13
of being sold at retail, but it shall not include a subsidiary of a manufacturer or 14
cooperative of a retail outlet; 15
(78) "Wine" means the product of the normal alcoholic fermentation of the juices of 16
fruits, with the usual processes of manufacture and normal additions, and includes 17
champagne and sparkling and fortified wine of an alcoholic content not to exceed 18
twenty-four percent (24%) by volume. It includes sake, cider, hard cider, and perry 19
cider and also includes preparations or mixtures vended in retail containers if these 20
preparations or mixtures contain not more than fifteen percent (15%) of alcohol by 21
volume. It does not include weak cider; and 22
(79) "Winery" means any place or premises in which wine is manufactured from any 23
fruit, or brandies are distilled as a by-product of wine or other fruit, or cordials are 24
compounded, except a place or premises that manufactures wine for sacramental 25
purposes exclusively. 26
Section 49. KRS 241.015 is amended to read as follows: 27 UNOFFICIAL COPY 23 RS BR 1003
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There is created a Department of Alcoholic Beverage and Cannabis Control, which shall 1
constitute a statutory administrative department of the state government within the 2
meaning of KRS Chapter 12. The department consists of the commissioner of alcoholic 3
beverage and cannabis control, [and ]the Alcoholic Beverage Control Board, and the 4
Division of Medicinal Cannabis. The commissioner shall head the department, shall be 5
its executive officer, and shall have charge of the administration of the department and 6
perform all functions of the department not specifically assigned to the board or division. 7
The Governor shall appoint as commissioner a person with administrative experience in 8
the field of alcoholic beverage or cannabis control. 9
Section 50. KRS 241.030 is amended to read as follows: 10
The Alcoholic Beverage Control Board shall consist of the commissioner[ of alcoholic 11
beverage control] and two (2) persons appointed by the secretary of the Public Protection 12
Cabinet with the approval of the Governor, who shall be persons with administrative 13
experience in the field of alcoholic beverage or cannabis control. One (1) of these 14
persons shall serve as administrator of the Division of Distilled Spirits, and the other shall 15
serve as administrator of the Division of Malt Beverages. The commissioner shall be 16
chairman of the board. 17
Section 51. KRS 243.025 is amended to read as follows: 18
(1) All of the fees paid into the State Treasury for state licenses shall be credited to a 19
revolving trust and agency account, as provided in KRS 45.253, for the Department 20
of Alcoholic Beverage and Cannabis Control. 21
(2) All fees associated with the department's server training program shall be collected 22
on a cost recovery basis and shall be credited to the revolving trust and agency 23
account established under subsection (1) of this section. 24
(3) These moneys shall be used solely for the administration and enforcement of KRS 25
Chapters 241 to 244. The moneys in the account shall not lapse at the close of the 26
fiscal year. 27 UNOFFICIAL COPY 23 RS BR 1003
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Section 52. KRS 243.0307 is amended to read as follows: 1
(1) A sampling license may be issued to the holder of: 2
(a) A quota retail drink license; 3
(b) A quota retail package license; 4
(c) A nonquota retail malt beverage package license; 5
(d) An NQ1 license; 6
(e) An NQ2 license; 7
(f) An NQ4 retail malt beverage drink license; or 8
(g) A distiller's license. 9
(2) A sampling license shall authorize the licensee to allow customers to sample, free 10
of charge, distilled spirits, wine, and malt beverages under the following conditions: 11
(a) Sampling shall be permitted only on licensed premises and by licensees 12
holding a sampling license, during regular business hours; 13
(b) A distillery shall provide samples as authorized by KRS 243.0305; 14
(c) All other licensees shall limit a customer to: 15
1. One (1) ounce of distilled spirits samples per day; 16
2. Six (6) ounces of wine samples per day; or 17
3. Twelve (12) ounces of malt beverage samples per day; and 18
(d) A brewer, microbrewery, or out-of-state malt beverage supplier may conduct 19
a sampling of malt beverages as permitted by this section at the licensed 20
premises of a retailer licensee holding a sampling license. 21
(3) Retailers holding a sampling license shall: 22
(a) Notify the Department of Alcoholic Beverage and Cannabis Control at least 23
seven (7) days in advance of conducting a free sampling event; and 24
(b) Limit a sampling event to a period not to exceed four (4) consecutive hours 25
between 12 noon and 8 p.m. 26
(4) In addition to free sampling, a quota retail package licensee holding a sampling 27 UNOFFICIAL COPY 23 RS BR 1003
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license may also sell sample distilled spirits and wine under the following 1
conditions: 2
(a) Paid samples may be sold only on licensed premises and by licensees holding 3
a sampling license, during regular business hours; and 4
(b) A licensee shall limit a customer to purchased samples totaling no more than: 5
1. Two (2) ounces of distilled spirits per day; and 6
2. Nine (9) ounces of wine per day. 7
(5) A quota retail package licensee holding both a sampling license and a nonquota 8
retail malt beverage package license may also sell samples of malt beverages under 9
the following conditions: 10
(a) Paid samples may be sold only on licensed premises and by licensees holding 11
a sampling license, during regular business hours; 12
(b) A licensee shall limit a customer to no more than sixteen (16) ounces of malt 13
beverages per day; and 14
(c) The retail price of a sample shall not be less than a licensee's purchase cost of 15
the sample. 16
(6) No customer shall be allowed to receive a combination of free and purchased 17
samples totaling more than: 18
(a) Two (2) ounces of distilled spirits per day; and 19
(b) Nine (9) ounces of wine per day. 20
(7) Free and paid samples provided under this section shall not constitute drink sales. 21
Section 53. KRS 243.038 is amended to read as follows: 22
(1) The Department of Alcoholic Beverage and Cannabis Control shall not issue a 23
license to an applicant authorized to apply for a license to sell alcoholic beverages 24
by the drink under KRS 243.039 unless the applicant and the golf course, if 25
different from the applicant, agree to voluntarily comply with the provisions of 26
KRS Chapter 344, whether or not the applicant and the golf course would otherwise 27 UNOFFICIAL COPY 23 RS BR 1003
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be covered by the provisions of KRS Chapter 344. 1
(2) The department shall revoke or suspend any license issued under KRS 243.039 if 2
the department or the Kentucky Commission on Human Rights makes a finding that 3
the applicant or the golf course, if different from the applicant, has violated a 4
requirement specified in this section. 5
Section 54. KRS 243.090 is amended to read as follows: 6
(1) All licenses issued by the department, except special event licenses, temporary 7
licenses, or licenses listed in subsection (5) of this section, shall be valid for a 8
period of no more than a year. The board shall promulgate administrative 9
regulations establishing the year-round system for renewal of licenses. The system 10
shall be designed to distribute the workload as uniformly as possible within the 11
offices of the local administrators and the Department of Alcoholic Beverage and 12
Cannabis Control. 13
(2) (a) Except for licenses listed in paragraph (b) of this subsection, all licenses 14
issued after January 1, 2017, by a local administrator shall be valid for a 15
period of no more than a year and shall be renewable upon the date 16
established by the department for the expiration of state licenses issued for 17
premises located in that county or city. During the first year following July 18
15, 2016, if the new date for renewal for the licensee does not occur on the 19
date established by the department for the expiration of the licensee's state 20
license, the local administrator shall either: 21
1. Prorate the cost of the renewed license by proportionally reducing the 22
cost of the renewed license if the new date for the renewal occurs prior 23
to the expiration of a previous license; or 24
2. Provide a prorated provisional local license to cover any period of time 25
between the expiration of the previous license and the new date for 26
renewal if the new date for renewal occurs after the expiration of the 27 UNOFFICIAL COPY 23 RS BR 1003
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licensee's previous license. 1
(b) Paragraph (a) of this subsection shall not apply to licenses issued by a 2
consolidated local government, special event licenses, temporary licenses, or 3
licenses listed in subsection (5) of this section. 4
(3) When any person applies for a new license authorized under KRS Chapters 241 to 5
244, the person shall be charged, if the license is issued, the full fee for the 6
respective license if six (6) months or more remain before the license is due to be 7
renewed and one-half (1/2) the fee if less than six (6) months remain before the 8
license is due to be renewed. No abatement of license fees shall be permitted to any 9
person who held a license of the same kind for the same premises in the preceding 10
license period and who was actually doing business under the license during the last 11
month of the preceding license period. 12
(4) The renewal by the department of any alcoholic beverage license shall not be 13
construed to waive or condone any violation that occurred prior to the renewal and 14
shall not prevent subsequent proceedings against the licensee. 15
(5) All alcoholic beverage producers, wholesalers, or distributors may obtain or renew 16
their licenses for either a one (1) year term or a two (2) year term. 17
(6) The department may deny license renewal if the licensee is a delinquent taxpayer as 18
defined in KRS 131.1815. 19
Section 55. KRS 243.360 is amended to read as follows: 20
(1) All persons shall, before applying for a license, advertise by publication their 21
intention to apply for a license in the newspaper for legal notices under KRS 22
424.120 for the county or city whose local administrator has local jurisdiction over 23
the proposed premises. This requirement shall not apply to an applicant for the 24
same license for the same premises, or an applicant for any of the following 25
licenses: 26
(a) Out-of-state malt beverage supplier's license; 27 UNOFFICIAL COPY 23 RS BR 1003
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(b) Limited out-of-state malt beverage supplier's license; 1
(c) Out-of-state distilled spirits and wine supplier's license; 2
(d) Limited out-of-state distilled spirits and wine supplier's license; 3
(e) Supplemental bar license; 4
(f) Extended hours supplemental license; 5
(g) Special agent or solicitor's license; 6
(h) Special nonbeverage alcohol license; 7
(i) Transporter's license; 8
(j) Special Sunday drink license; 9
(k) Hotel in-room license; 10
(l) Sampling license; 11
(m) Direct shipper license; or 12
(n) Special temporary drink license. 13
(2) The notice shall contain the following information: 14
(a) The notice shall state: the name and address of the applicant and the name and 15
address of each principal owner, partner, member, officer, and director if the 16
applicant is a partnership, limited partnership, limited liability company, 17
corporation, governmental agency, or other business entity recognized by law; 18
(b) The notice shall specifically state the location of the premises for which the 19
license is sought, the type of business, and the type of license being requested; 20
and 21
(c) The notice shall state the date the application will be filed and shall contain 22
the following statement: "Any person may protest the approval of the license 23
by writing the Department of Alcoholic Beverage and Cannabis Control 24
within thirty (30) days of the date of legal publication." 25
(3) Any protest received after the thirty (30) day period has expired shall not be 26
considered a valid legal protest by the board. 27 UNOFFICIAL COPY 23 RS BR 1003
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(4) Substantial compliance with the information listed in subsection (2) of this section 1
shall be sufficient to comply with this section. 2
Section 56. KRS 438.310 is amended to read as follows: 3
(1) No person shall sell or cause to be sold any tobacco product, alternative nicotine 4
product, or vapor product at retail to any person under the age of twenty-one (21), 5
or solicit any person under the age of twenty-one (21) to purchase any tobacco 6
product, alternative nicotine product, or vapor product at retail. 7
(2) Any person who sells tobacco products, alternative nicotine products, or vapor 8
products at retail shall cause to be posted in a conspicuous place in his or her 9
establishment a notice stating that it is illegal to sell tobacco products, alternative 10
nicotine products, or vapor products to persons under age twenty-one (21). 11
(3) Any person selling tobacco products, alternative nicotine products, or vapor 12
products shall require proof of age from a prospective buyer or recipient if the 13
person has reason to believe that the prospective buyer or recipient is under the age 14
of twenty-one (21). 15
(4) A person who violates subsection (1) or (2) of this section shall be subject to a fine 16
of not less than one hundred dollars ($100) nor more than five hundred dollars 17
($500) for a first violation and a fine of not less than five hundred dollars ($500) 18
nor more than one thousand dollars ($1,000) for any subsequent violation. The fine 19
shall be administered by the Department of Alcoholic Beverage and Cannabis 20
Control using a civil enforcement procedure. 21
Section 57. KRS 438.311 is amended to read as follows: 22
(1) Except for the provisions of KRS 438.330, it shall be unlawful for a person who has 23
not attained the age of twenty-one (21) years to purchase or accept receipt of or to 24
attempt to purchase or accept receipt of a tobacco product, alternative nicotine 25
product, or vapor product, or to present or offer to any person any purported proof 26
of age which is false, fraudulent, or not actually his or her own, for the purpose of 27 UNOFFICIAL COPY 23 RS BR 1003
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purchasing or receiving any tobacco product, alternative nicotine product, or vapor 1
product. It shall not be unlawful for such a person to accept receipt of a tobacco 2
product, alternative nicotine product, or vapor product from an employer when 3
required in the performance of the person's duties. 4
(2) All peace officers with general law enforcement authority and employees of the 5
Department of Alcoholic Beverage and Cannabis Control may confiscate the 6
tobacco product, alternative nicotine product, or vapor product of a person under 7
the age of twenty-one (21) who has violated this section. Notwithstanding any 8
provision of law to the contrary, no other penalty shall apply to a person under the 9
age of twenty-one (21) for a violation of this section. 10
Section 58. KRS 438.313 is amended to read as follows: 11
(1) No wholesaler, retailer, or manufacturer of cigarettes, tobacco products, alternative 12
nicotine products, or vapor products may distribute cigarettes, tobacco products, 13
alternative nicotine products, or vapor products, including samples thereof, free of 14
charge or otherwise, to any person under the age of twenty-one (21). 15
(2) Any person who distributes cigarettes, tobacco products, alternative nicotine 16
products, or vapor products, including samples thereof, free of charge or otherwise 17
shall require proof of age from a prospective buyer or recipient if the person has 18
reason to believe that the prospective purchaser or recipient is under the age of 19
twenty-one (21). 20
(3) Any person who violates the provisions of this section shall be fined not less than 21
one thousand dollars ($1,000) nor more than two thousand five hundred dollars 22
($2,500) for each offense. The fine shall be administered by the Department of 23
Alcoholic Beverage and Cannabis Control using a civil enforcement procedure for 24
persons eighteen (18) years of age or older. 25
(4) All peace officers with general law enforcement authority and employees of the 26
Department of Alcoholic Beverage and Cannabis Control may issue a uniform 27 UNOFFICIAL COPY 23 RS BR 1003
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citation, but may not make an arrest, or take a child into custody, for a violation of 1
this section. 2
Section 59. KRS 438.315 is amended to read as follows: 3
(1) The sale of tobacco products, alternative nicotine products, or vapor products 4
dispensed through a vending machine is prohibited to any person under the age of 5
twenty-one (21) years. 6
(2) The purchase of tobacco products, alternative nicotine products, or vapor products 7
dispensed through a vending machine is prohibited to any person under the age of 8
twenty-one (21) years. 9
(3) Except for vending machines located in factories or vending machines located in 10
bars or taverns to which minors are not permitted access, any vending machine 11
from which tobacco products, alternative nicotine products, or vapor products are 12
dispensed shall be located in the line of sight of the cashier for the retail 13
establishment. 14
(4) Any owner of a retail establishment violating this section shall be subject to a fine 15
of not less than one hundred dollars ($100) nor more than five hundred dollars 16
($500) for each violation. The fine shall be administered by the Department of 17
Alcoholic Beverage and Cannabis Control using a civil enforcement procedure for 18
persons eighteen (18) years of age or older. 19
(5) All peace officers with general law enforcement authority and employees of the 20
Department of Alcoholic Beverage and Cannabis Control may issue a uniform 21
citation, but may not make an arrest, or take a child into custody, for a violation of 22
this section. 23
Section 60. KRS 438.317 is amended to read as follows: 24
(1) No person shall sell or cause to be sold at retail cigarettes packaged in units of 25
fewer than twenty (20) cigarettes. 26
(2) No resident wholesaler, nonresident wholesaler, or subjobber shall make available 27 UNOFFICIAL COPY 23 RS BR 1003
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to a retail establishment cigarettes packaged for retail sale in units of less than 1
twenty (20) cigarettes. 2
(3) Any person violating subsection (1) of this section shall be subject to a fine of not 3
less than one hundred dollars ($100) nor more than five hundred dollars ($500). 4
Any person violating subsection (2) of this section shall be fined not less than one 5
thousand dollars ($1,000) nor more than two thousand five hundred dollars 6
($2,500). These penalties shall be enforced by the Department of Alcoholic 7
Beverage and Cannabis Control through civil enforcement procedures. 8
Section 61. KRS 438.320 is amended to read as follows: 9
Each resident wholesaler, nonresident wholesaler, or subjobber making tobacco products 10
available to a retail establishment for sale or distribution shall report the name and 11
address of the owner of the retail establishment to the Department of Alcoholic Beverage 12
and Cannabis Control in a manner specified by administrative regulations promulgated 13
pursuant to KRS Chapter 13A. 14
Section 62. KRS 438.325 is amended to read as follows: 15
(1) Each owner of a retail establishment selling or distributing tobacco products, 16
alternative nicotine products, or vapor products shall notify each individual 17
employed in the retail establishment as a retail sales clerk that the sale of tobacco 18
products, alternative nicotine products, or vapor products to any person under the 19
age of twenty-one (21) years and the purchase of tobacco products, alternative 20
nicotine products, or vapor products by any person under the age of twenty-one (21) 21
years are prohibited. 22
(2) Each owner of a retail establishment selling or distributing tobacco products, 23
alternative nicotine products, or vapor products shall notify each individual 24
employed in the retail establishment as a retail sales clerk that proof of age is 25
required from a prospective buyer or recipient if the person has reason to believe 26
that the prospective purchaser or recipient is under the age of twenty-one (21). 27 UNOFFICIAL COPY 23 RS BR 1003
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(3) The notice to employees that is required in subsection (1) of this section shall be 1
provided before the person commences work as a retail sales clerk, or, in the case of 2
a person employed as a retail sales clerk on March 26, 2020, within thirty (30) days 3
of that date. The employee shall signify receipt of the notice required by this section 4
by signing a form that states as follows: 5
"I understand that under the law of the Commonwealth of Kentucky it is illegal to 6
sell or distribute tobacco products, alternative nicotine products, or vapor products 7
to persons under the age of twenty-one (21) years and that it is illegal for persons 8
under the age of twenty-one (21) years to purchase tobacco products, alternative 9
nicotine products, or vapor products." 10
(4) The owner of the retail establishment shall maintain the signed notice that is 11
required pursuant to subsection (3) of this section in a place and in a manner so as 12
to be easily accessible to any employee of the Department of Alcoholic Beverage 13
and Cannabis Control or the Department of Agriculture conducting an inspection 14
of the retail establishment for the purpose of monitoring compliance in limiting the 15
sale or distribution of tobacco products, alternative nicotine products, or vapor 16
products to persons under the age of twenty-one (21) as provided in KRS 438.305 17
to 438.340. 18
(5) Any owner of the retail establishment violating subsections (1) to (4) of this section 19
shall be subject to a fine of not less than one hundred dollars ($100) nor more than 20
five hundred dollars ($500) for each violation. The fine shall be administered by the 21
Department of Alcoholic Beverage and Cannabis Control in a civil enforcement 22
procedure. 23
Section 63. KRS 438.330 is amended to read as follows: 24
(1) The Department of Alcoholic Beverage and Cannabis Control and the Department 25
of Agriculture shall carry out annually conducted random, unannounced inspections 26
of retail establishments where tobacco products, alternative nicotine products, or 27 UNOFFICIAL COPY 23 RS BR 1003
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vapor products are sold or distributed for the purpose of enforcing the provisions of 1
KRS 438.305 to 438.340. The inspections shall be conducted to the extent 2
necessary to assure that the Commonwealth remains in compliance with Public Law 3
102-321 and applicable federal regulations. The Department of Alcoholic Beverage 4
and Cannabis Control and the Department of Agriculture shall also ensure that 5
targeted inspections are conducted at those retail establishments where, and at those 6
times when, persons under the age of twenty-one (21) years are most likely to 7
purchase tobacco products, alternative nicotine products, or vapor products. Persons 8
under the age of twenty-one (21) years may be used to test compliance with the 9
provisions of KRS 438.305 to 438.340 only if the testing is conducted under the 10
direct supervision of the Department of Alcoholic Beverage and Cannabis Control, 11
sheriff, or chief of police, or their employees, and written parental consent has been 12
obtained. The Department of Alcoholic Beverage and Cannabis Control shall 13
prepare annually, for submission by the Governor to the Secretary of the United 14
States Department of Health and Human Services, the report required by Section 15
1926 of Subpart 1 of Part B of Title XIX of the Federal Public Health Service Act. 16
(2) The Department of Alcoholic Beverage and Cannabis Control shall develop and 17
implement the survey sampling methodologies to carry out the inspections as 18
described in this section. 19
Section 64. KRS 438.337 is amended to read as follows: 20
(1) The Department of Alcoholic Beverage and Cannabis Control shall carry out the 21
enforcement provisions of KRS 438.305 to 438.340. 22
(2) The Department of Alcoholic Beverage and Cannabis Control shall be entitled to 23
the revenue produced by one-twentieth of one cent ($0.0005) of the three-cent 24
($0.03) per pack revenue collected by the Finance and Administration Cabinet from 25
the state excise tax on the sale of cigarettes as imposed by KRS 138.140 to be 26
deposited in a trust and agency account created in the State Treasury, and to keep 27 UNOFFICIAL COPY 23 RS BR 1003
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fifty percent (50%) of any fines collected under KRS 438.305 to 438.340 to offset 1
the costs of enforcement of KRS 438.305 to 438.340. 2
(3) The Department of Alcoholic Beverage and Cannabis Control shall be responsible 3
for maintaining statistics for compilation of required reports to be submitted to the 4
United States Department of Health and Human Services. 5
(4) The Department of Alcoholic Beverage and Cannabis Control shall devise a plan 6
and time frame for enforcement to determine by random inspection if the 7
percentage of retailers or distributors making illegal sales to persons under the age 8
of twenty-one (21) does or does not exceed federal guidelines preventing tobacco 9
sales to persons under the age of twenty-one (21). 10
Section 65. KRS 438.340 is amended to read as follows: 11
The Department of Alcoholic Beverage and Cannabis Control and the Department of 12
Agriculture are authorized to promulgate administrative regulations pursuant to KRS 13
Chapter 13A as necessary to implement and carry out the provisions of KRS 438.305 to 14
438.340. 15
Section 66. Section 2, Sections 4 to 8, Section 11, Sections 13 to 15, Sections 16
18 to 25, Section 30, and Sections 33 to 35 of this Act take effect July 1, 2024. 17