UNOFFICIAL COPY 23 RS SB 47/GA
Page 1 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
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 30 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 a medicinal cannabis 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 medical, therapeutic, 10
and 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 in accordance with administrative regulations 17
promulgated pursuant to subsection (10) of Section 9 of this Act; 18
(2) "Cabinet" means the Cabinet for Health and Family Services; 19
(3) "Cannabis business" means an entity licensed under this chapter as a cultivator, 20
dispensary, processor, producer, or safety compliance facility; 21
(4) "Cannabis business agent" means a principal officer, board member, employee, 22
volunteer, or agent of a cannabis business; 23
(5) "Cardholder" means: 24
(a) A registered qualified patient, designated caregiver, or visiting qualified 25
patient who has applied for, obtained, and possesses a valid registry 26
identification card issued by the cabinet; or 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 2 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
(b) A visiting qualified patient who has obtained and possesses: 1
1. A valid out-of-state registry identification card; and 2
2. Documentation of having been diagnosed with a qualifying medical 3
condition; 4
(6) "Cultivator" means an entity licensed as such under Sections 15, 16, and 17 of 5
this Act; 6
(7) "Cultivator agent" means a principal officer, board member, employee, 7
volunteer, or agent of a cultivator; 8
(8) "Designated caregiver" means a person who has registered as such with the 9
cabinet under Sections 10 and 11 of this Act; 10
(9) "Dispensary" means an entity licensed as such under Sections 15, 16, and 17 of 11
this Act; 12
(10) "Dispensary agent" means a principal officer, board member, employee, 13
volunteer, or agent of a dispensary; 14
(11) "Disqualifying felony offense" means: 15
(a) A felony offense that would classify the person as a violent offender under 16
KRS 439.3401; or 17
(b) A violation of a state or federal controlled substance law that was classified 18
as a felony in the jurisdiction where the person was convicted, except: 19
1. An offense for which the sentence, including any term of probation, 20
incarceration, or supervised release, was completed five (5) or more 21
years earlier; or 22
2. An offense that consisted of conduct for which Sections 1 to 30 of this 23
Act would likely have prevented a conviction, but the conduct either 24
occurred prior to the enactment of Sections 1 to 30 of this Act or was 25
prosecuted by an authority other than the Commonwealth of 26
Kentucky; 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 3 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
(12) "Enclosed, locked facility" means an indoor growing space such as a room, 1
greenhouse, building, or other indoor enclosed area that is maintained and 2
operated by a cultivator or producer and is equipped with locks and other security 3
devices that permit access only by authorized agents of the cultivator or producer, 4
as required by the cabinet; 5
(13) "Growth area" has the same meaning as an enclosed, locked facility; 6
(14) "Marijuana" has the same meaning as in Section 34 of this Act; 7
(15) "Medicinal cannabis": 8
(a) Means marijuana as defined in Section 34 of this Act when cultivated, 9
harvested, processed, produced, transported, dispensed, distributed, sold, 10
possessed, or used in accordance with Sections 1 to 30 of this Act; 11
(b) Includes medicinal cannabis products and raw plant material; and 12
(c) Does not include industrial hemp or industrial hemp products as defined in 13
Section 40 of this Act; 14
(16) "Medicinal cannabis accessories" means any equipment, product, or material of 15
any kind which is used, intended for use, or designed for use in the preparing, 16
storing, using, or consuming medicinal cannabis in accordance with Sections 1 to 17
30 of this Act; 18
(17) "Medicinal cannabis practitioner" means a physician or an advanced practice 19
registered nurse who is authorized to prescribe controlled substances under KRS 20
314.042, who is authorized by his or her state licensing board to provide written 21
certifications pursuant to Section 9 of this Act; 22
(18) "Medicinal cannabis product": 23
(a) Means any compound, manufacture, salt, derivative, mixture, or 24
preparation of any part of the plant Cannabis sp., its seeds or its resin; or 25
any compound, mixture, or preparation which contains any quantity of 26
these substances when cultivated, harvested, processed, produced, 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 4 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
transported, dispensed, distributed, sold, possessed, or used in accordance 1
with Sections 1 to 30 of this Act; and 2
(b) Does not include industrial hemp products as defined in KRS Section 40 of 3
this Act; 4
(19) "Minor" means a person less than eighteen (18) years of age; 5
(20) "Out-of-state registry identification card" means a registry identification card, or 6
an equivalent document, that was issued pursuant to the laws of another state, 7
district, territory, commonwealth, or insular possession of the United States; 8
(21) "Processor" means an entity licensed as such under Sections 15, 16, and 17 of 9
this Act; 10
(22) "Processor agent" means a principal officer, board member, employee, 11
volunteer, or agent of a processor; 12
(23) "Producer" means an entity licensed as such under Sections 15, 16, and 17 of 13
this Act; 14
(24) "Producer agent" means a principal officer, board member, employee, volunteer, 15
or agent of a producer; 16
(25) "Qualified patient" means a person who has obtained a written certification from 17
a medicinal cannabis practitioner with whom he or she has a bona fide 18
practitioner-patient relationship; 19
(26) "Qualifying medical condition" means: 20
(a) Any type or form of cancer regardless of stage; 21
(b) Chronic, severe, intractable, or debilitating pain; 22
(c) Epilepsy or any other intractable seizure disorder; 23
(d) Multiple sclerosis, muscle spasms, or spasticity; 24
(e) Chronic nausea or cyclical vomiting syndrome that has proven resistant to 25
other conventional medical treatments; 26
(f) Post-traumatic stress disorder; and 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 5 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
(g) Any other medical condition or disease for which the Kentucky Center for 1
Cannabis established in KRS 164.983, or its successor, determines that 2
sufficient scientific data and evidence exists to demonstrate that an 3
individual diagnosed with that condition or disease is likely to receive 4
medical, therapeutic, or palliative benefits from the use of medicinal 5
cannabis; 6
(27) "Raw plant material": 7
(a) Means the trichome-covered part of the female plant Cannabis sp. or any 8
mixture of shredded leaves, stems, seeds, and flowers of the Cannabis sp. 9
plant; and 10
(b) Does not include plant material obtained from industrial hemp as defined in 11
Section 40 of this Act; 12
(28) "Registered qualified patient" means a qualified patient who has applied for, 13
obtained, and possesses a valid registry identification card or provisional 14
registration receipt issued by the cabinet; 15
(29) "Registry identification card" means a document issued by the cabinet that 16
identifies a person as a registered qualified patient, visiting qualified patient, or 17
designated caregiver; 18
(30) "Safety compliance facility" means an entity licensed as such under Sections 15, 19
16, and 17 of this Act; 20
(31) "Safety compliance facility agent" means a principal officer, board member, 21
employee, volunteer, or agent of a safety compliance facility; 22
(32) "Seedling" means a medicinal cannabis plant that has no flowers and is not 23
taller than eight (8) inches; 24
(33) "Serious violation" means: 25
(a) Any violation of Sections 1 to 30 of this Act or any administrative regulation 26
promulgated thereunder that is capable of causing death or which causes 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 6 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
serious and prolonged disfigurement, prolonged impairment of health, or 1
prolonged loss or impairment of the function of any bodily organ; 2
(b) The diversion of medicinal cannabis for use not regulated pursuant to 3
Sections 1 to 30 of this Act; or 4
(c) Any act that would constitute a violation of Section 35 of this Act; 5
(34) "Smoking" means the inhalation of smoke produced from the combustion of raw 6
plant material when ignited by a flame; 7
(35) "State licensing board" means: 8
(a) The Kentucky Board of Medical Licensure; or 9
(b) The Kentucky Board of Nursing; 10
(36) "Telehealth" has the same meaning as in KRS 211.332; 11
(37) "Use of medicinal cannabis": 12
(a) Includes the acquisition, administration, possession, transfer, 13
transportation, or consumption of medicinal cannabis or medicinal 14
cannabis accessories by a cardholder in accordance with Sections 1 to 30 of 15
this Act; and 16
(b) Does not include: 17
1. Cultivation of marijuana by a cardholder; 18
2. The use or consumption of marijuana by smoking; or 19
3. The use of industrial hemp or industrial hemp products as defined in 20
Section 40 of this Act; 21
(38) "Visiting qualified patient" means a person who has registered as such through 22
the cabinet as required under this chapter or who possesses a valid out-of-state 23
registry identification card and documentation of having been diagnosed with a 24
qualifying medical condition; 25
(39) "Written certification" means a document dated and signed by a medicinal 26
cannabis practitioner, that: 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 7 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
(a) States, that in the medicinal cannabis practitioner's professional medical 1
opinion, the patient may receive medical, therapeutic, or palliative benefit 2
from the use of medicinal cannabis; 3
(b) Specifies the qualifying medical condition or conditions for which the 4
medicinal cannabis practitioner believes the patient may receive medical, 5
therapeutic, or palliative benefit; and 6
(c) Affirms that the medicinal cannabis practitioner has a bona fide 7
practitioner-patient relationship with the patient. 8
SECTION 2. A NEW SECTION OF KRS CHAPTER 218A IS CREATED TO 9
READ AS FOLLOWS: 10
(1) Nothing in Sections 1 to 30 of this Act shall be construed as applying to industrial 11
hemp or industrial hemp products as defined in Section 40 of this Act. 12
(2) Notwithstanding any provision of law to the contrary, and except as provided in 13
subsections (3) and (4) of this section and Section 6 of this Act: 14
(a) The use of medicinal cannabis by a cardholder shall be considered lawful if 15
done in accordance with Sections 1 to 30 of this Act and any administrative 16
regulations promulgated thereunder; 17
(b) The acquisition, blending, cultivation, delivery, distribution, manufacturing, 18
manipulation, packaging for sale, preparation, possession, sale, testing, 19
transportation, or transfer of medicinal cannabis or medicinal cannabis 20
accessories by a cannabis business or cannabis business agent shall be 21
considered lawful if done in accordance with Sections 1 to 30 of this Act 22
and any administrative regulations promulgated thereunder; 23
(c) A registered qualified patient or visiting qualified patient shall not be 24
considered to be under the influence of medicinal cannabis solely because 25
of the presence of tetrahydrocannabinol metabolites, including but not 26
limited to the cannabinoid carboxy THC, which is also known as THC-27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 8 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
COOH; 1
(d) A medicinal cannabis practitioner shall not be subject, under the laws of the 2
Commonwealth, to arrest, prosecution, or penalty in any manner, or denied 3
any right or privilege, including but not limited to a civil penalty or 4
disciplinary action by a state licensing board or by any other occupational 5
or professional licensing board, solely for providing written certifications or 6
for otherwise stating that, in the medicinal cannabis practitioner's 7
professional opinion, a patient may receive medical, therapeutic, or 8
palliative benefit from the use of medicinal cannabis, if done in accordance 9
with Sections 1 to 30 of this Act; 10
(e) An attorney shall not be subject, under the laws of the Commonwealth, to 11
arrest, prosecution, or penalty in any manner, or denied any right or 12
privilege, including but not limited to a civil penalty or disciplinary action 13
by the Kentucky Court of Justice, Kentucky Bar Association, or by any 14
other professional licensing board, solely for providing an individual or 15
cannabis business with legal assistance related to activity that is no longer 16
subject to criminal penalties under state law pursuant to Sections 1 to 30 of 17
this Act; and 18
(f) No person shall be subject, under the laws of the Commonwealth, to arrest, 19
prosecution, or penalty in any manner, or denied any right or privilege, 20
including but not limited to a civil penalty or disciplinary action by an 21
occupational or professional licensing board, solely for providing assistance 22
or services, including but not limited to accounting services, financial 23
services, security services, or business consulting services, to any individual 24
or cannabis business related to activity that is no longer subject to criminal 25
penalties under state law pursuant to Sections 1 to 30 of this Act. 26
(3) Nothing in subsection (2) of this section shall be construed or interpreted to: 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 9 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
(a) Prohibit the arrest, prosecution, or imposition of any other penalty arising 1
from but not limited to breach of contract, breach of fiduciary duty, 2
negligence, or engaging in criminal activity that would constitute a felony 3
or misdemeanor; or 4
(b) Prevent a medicinal cannabis practitioner from being subject to 5
administrative penalties imposed by his or her state licensing board for any 6
violation of Sections 1 to 30 of this Act or any administrative regulation 7
promulgated thereunder. 8
(4) Notwithstanding subsection (2) of this section and any other provision of law to 9
the contrary, a cardholder who is licensed under KRS Chapter 311 or KRS 10
Chapter 314 may be subject to intervention or disciplinary action by his or her 11
state licensing board if: 12
(a) There is probable cause to believe that the cardholder has become impaired 13
by, or otherwise abused, medicinal cannabis; or 14
(b) The cardholder has a medically diagnosable disease that is characterized by 15
chronic, habitual, or periodic use of medicinal cannabis resulting in 16
interference with the cardholder's professional, social, or economic 17
functions in the community or the loss of powers of self-control regarding 18
the use of medicinal cannabis. 19
SECTION 3. A NEW SECTION OF KRS CHAPTER 218A IS CREATED TO 20
READ AS FOLLOWS: 21
(1) The Cabinet for Health and Family Services is hereby charged with the 22
implementation, operation, oversight, and regulation of the medicinal cannabis 23
program established in Sections 1 to 30 of this Act. 24
(2) There is hereby established within the cabinet a Board of Physicians and 25
Advisors which shall consist of the following members: 26
(a) Seven (7) physicians appointed by the Kentucky Board of Medical 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 10 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
Licensure and confirmed by the Senate in accordance with KRS 11.160. In 1
order to be eligible to be appointed to the board, a physician shall be 2
authorized, pursuant to Section 9 of this Act to provide written certifications 3
for the use of medicinal cannabis and shall be certified by the appropriate 4
board in one (1) of the following specialties: 5
1. Addiction medicine; 6
2. Anesthesiology; 7
3. Gastroenterology; 8
4. Infectious disease; 9
5. Neurology; 10
6. Obstetrics and gynecology; 11
7. Oncology; 12
8. Ophthalmology; 13
9. Optometry; 14
10. Pain management; 15
11. Pain medicine; 16
12. Pediatrics; 17
13. Physical medicine and rehabilitation; or 18
14. Psychiatry; and 19
(b) Two (2) advanced practice registered nurses appointed by the Kentucky 20
Board of Nursing and confirmed by the Senate. In order to be eligible to be 21
appointed to the board, an advanced practice registered nurse shall be 22
authorized, pursuant to Section 9 of this Act to provide written certifications 23
for the use of medicinal cannabis. 24
(3) Each member of the Board of Physicians and Advisors shall: 25
(a) Serve for a term of four (4) years and until his or her successor is appointed 26
and confirmed by the Senate; 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 11 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
(b) Be eligible for reappointment; and 1
(c) Serve without compensation, but each member of the board not otherwise 2
compensated for his or her time or expenses shall be entitled to 3
reimbursement for his or her actual and necessary expenses in carrying out 4
his or her duties with reimbursement for expenses being made in 5
accordance with administrative regulations relating to travel expenses. 6
(4) The Board of Physicians and Advisors shall not be subject to reorganization 7
under KRS Chapter 12. 8
(5) The Board of Physicians and Advisors shall: 9
(a) Review and recommend to the cabinet protocols for determining: 10
1. The amount of medicinal cannabis or delta-9 tetrahydrocannabinol 11
that constitutes a daily supply, an uninterrupted ten (10) day supply, 12
and an uninterrupted thirty (30) day supply of medicinal cannabis for 13
registered qualified patients and visiting qualified patients; and 14
2. The amount of raw plant material that medicinal cannabis products 15
are considered to be equivalent to; 16
(b) Review and recommend to the cabinet protocols, evolving continuous 17
quality improvement metrics, and minimal performance standards for the 18
biennial accreditation process of licensed cannabis businesses; 19
(c) Review relevant peer-reviewed, scientific data related to the delta-9 20
tetrahydrocannabinol content limits established in subsection (2)(b) of 21
Section 18 of this Act and make recommendations to the General Assembly 22
regarding revisions to the limits as the board deems appropriate; 23
(d) Review relevant peer-reviewed, scientific data related to the various methods 24
of use and consumption of medicinal cannabis and make recommendations 25
to the General Assembly to approve or restrict certain methods as the board 26
deems appropriate; 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 12 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
(e) Review relevant peer-reviewed, scientific data related to the use of medicinal 1
cannabis for medical, therapeutic, or palliative purposes and make 2
recommendations to the General Assembly to add or remove conditions 3
from the list of qualifying medical conditions defined in Section 1 of this 4
Act; and 5
(f) Perform other duties related to the use of medicinal cannabis upon request 6
by the secretary of the cabinet. 7
(6) No later than December 1 of each year beginning in 2024, the cabinet, in 8
consultation with the University of Kentucky College of Medicine and the 9
Kentucky Center for Cannabis shall submit an annual report to the Legislative 10
Research Commission. The report submitted by the cabinet shall, at a minimum, 11
include: 12
(a) The number of applications and renewals received by the cabinet for 13
registry identification cards for registered qualified patients, visiting 14
qualified patients, and designated caregivers, individually and collectively; 15
(b) The number of applications and renewals for registry identification cards 16
that were approved and denied by the cabinet; 17
(c) The number of registry identification cards revoked by the cabinet for 18
misconduct and the nature of the misconduct; 19
(d) The number of medicinal cannabis practitioners authorized to provide 20
written certifications; 21
(e) The nature of the medical conditions for which medicinal cannabis 22
practitioners have provided written certifications; 23
(f) The number of applications and renewals received by the cabinet for 24
cannabis business licenses, the number of cannabis business licenses issued 25
for each business type and tier, and the number of cannabis business 26
license applications and renewals that were denied by the cabinet; 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 13 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
(g) The number of cannabis business agents employed by each type of cannabis 1
business; 2
(h) An assessment of: 3
1. The ability of cardholders in all areas of the state to obtain timely 4
affordable access to medicinal cannabis; 5
2. The evolving continuous quality improvement metrics and minimal 6
performance standards for the biennial accreditation process of 7
licensed cannabis businesses; 8
3. The effectiveness of the cultivators, processors, and producers licensed 9
under this chapter, individually and collectively, in serving the needs 10
of processors, dispensaries, and cardholders, the reasonableness of 11
their fees, whether they are generating any complaints or security 12
problems, and the sufficiency of the number operating to serve 13
processors, dispensaries, and cardholders in the Commonwealth; 14
4. The effectiveness of the dispensaries licensed under this chapter, 15
individually and collectively, in serving the needs of cardholders, 16
including the provision of educational and support services, the 17
reasonableness of their fees, whether they are generating any 18
complaints or security problems, and the sufficiency of the number 19
operating to serve cardholders in the Commonwealth; and 20
5. The effectiveness of the licensed safety compliance facilities licensed 21
under this chapter, individually and collectively, in serving the needs 22
of other cannabis businesses, including the provision of testing and 23
training services, the reasonableness of their fees, whether they are 24
generating any complaints or security problems, and the sufficiency of 25
the number operating to serve other cannabis businesses and 26
cardholders in the Commonwealth; 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 14 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
(i) The amount of medicinal cannabis sold per month in the Commonwealth; 1
(j) The total amount of revenue for each calendar year and aggregated by prior 2
years generated from any cannabis business licensure and cardholder 3
application and renewal fees established by the cabinet; 4
(k) The total cost of enforcement for the medicinal cannabis program at the 5
time of the report, by city, county, and overall; 6
(l) The sufficiency of the regulatory and security safeguards contained in 7
Sections 1 to 30 of this Act and adopted by the cabinet through 8
administrative regulations to ensure that access to and use of medicinal 9
cannabis cultivated and processed in this state is provided only to 10
cardholders; 11
(m) Any recommended additions or revisions to Sections 1 to 30 of this Act or 12
administrative regulations promulgated thereunder, including those relating 13
to security, safe handling, labeling, and nomenclature; 14
(n) The results of any scientific research studies regarding the health effects of 15
cannabis; and 16
(o) Any other data requested by the Legislative Research Commission relating 17
to the medicinal cannabis program and Sections 1 to 30 of this Act. 18
(7) The cabinet shall provide the University of Kentucky College of Medicine and the 19
Kentucky Center for Cannabis established in KRS 164.983 with all information 20
necessary to allow collaboration with the cabinet on the preparation of this 21
report. The University of Kentucky College of Medicine and the Kentucky Center 22
for Cannabis may also produce its own report regarding the medicinal cannabis 23
program established in Sections 1 to 30 of this Act which, if produced, shall be 24
submitted to the Legislative Research Commission upon completion. 25
(8) The information contained in the report described in subsection (4) of this section 26
shall be presented in a manner that complies with the federal Health Insurance 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 15 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
Portability and Accountability Act, Pub. L. No. 104-191, and does not disclose 1
any identifying information about cardholders or licensed cannabis businesses. 2
SECTION 4. A NEW SECTION OF KRS CHAPTER 218A IS CREATED TO 3
READ AS FOLLOWS: 4
(1) A registered qualified patient, except as provided in subsection (2) of this section 5
and Section 6 of this Act, shall not be subject, under the laws of the 6
Commonwealth, to arrest, prosecution, or denial of any right or privilege, 7
including but not limited to a civil penalty or disciplinary action by a court or 8
occupational or professional licensing board, for the use of medicinal cannabis, 9
if the registered qualified patient does not possess more than: 10
(a) An amount of medicinal cannabis determined by the cabinet to constitute an 11
uninterrupted thirty (30) day supply at his or her residence; 12
(b) An amount of medicinal cannabis in excess of a thirty (30) day supply at his 13
or her residence, in accordance with administrative regulations 14
promulgated pursuant to subsection (1)(c)6. of Section 27 of this Act; or 15
(c) An amount of medicinal cannabis determined by the cabinet to constitute an 16
uninterrupted ten (10) day supply on his or her person, except that an 17
amount greater than a ten (10) day supply may be transported by a 18
registered qualified patient from a dispensary to his or her residence if the 19
medicinal cannabis is contained in a sealed package that requires at least a 20
two (2) step process for initial opening. 21
(2) A registered qualified patient who is under eighteen (18) years of age shall not be 22
permitted to possess, purchase, or acquire medicinal cannabis and shall only 23
engage in the use of medicinal cannabis with the assistance of a designated 24
caregiver who is the registered qualified patient's parent or legal guardian 25
responsible for providing consent for medical treatment. 26
(3) A visiting qualified patient shall not be subject, under the laws of the 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 16 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
Commonwealth, to arrest, prosecution, or denial of any right or privilege, 1
including but not limited to civil penalty or disciplinary action by a court or 2
occupational or professional licensing board, for the use of medicinal cannabis, 3
if the visiting qualified patient does not possess more than an amount of 4
medicinal cannabis determined by the cabinet to constitute an uninterrupted ten 5
(10) day supply on his or her person. 6
(4) A designated caregiver shall not be subject, under the laws of the 7
Commonwealth, to arrest, prosecution, or denial of any right or privilege, 8
including but not limited to civil penalty or disciplinary action by a court or 9
occupational or professional licensing board, for assisting a registered qualified 10
patient to whom the designated caregiver is connected through the cabinet's 11
registration process with the use of medicinal cannabis if the designated 12
caregiver does not possess more than: 13
(a) An amount of medicinal cannabis determined by the cabinet to constitute an 14
uninterrupted thirty (30) day supply at his or her residence for each 15
registered qualified patient to whom the caregiver is connected through the 16
cabinet's registration process; 17
(b) An amount of medicinal cannabis in excess of a thirty (30) day supply at his 18
or her residence for each registered qualified patient to whom the caregiver 19
is connected through the cabinet's registration process, in accordance with 20
administrative regulations promulgated pursuant to subsection (1)(c)6. of 21
Section 27 of this Act; or 22
(c) An amount of medicinal cannabis determined by the cabinet to constitute an 23
uninterrupted ten (10) day supply on his or her person for each registered 24
qualified patient to whom the caregiver is connected through the cabinet's 25
registration process, except that an amount greater than a ten (10) day 26
supply may be transported by a designated caregiver from a dispensary to 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 17 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
his or her residence if the medicinal cannabis is contained in a sealed 1
package that requires at least a two (2) step process for initial opening. 2
(5) (a) All medicinal cannabis possessed by a cardholder outside of his or her 3
residence shall be kept in the original container in which the cardholder 4
received the medicinal cannabis from a dispensary. 5
(b) When a cardholder possesses medicinal cannabis outside of his or her 6
residence, the cardholder shall also be in possession of a valid registry 7
identification card issued by the cabinet or, for visiting qualified patients, a 8
valid out-of-state registry identification card and documentation of having 9
been diagnosed with a qualifying medical condition. 10
(6) Notwithstanding subsections (1), (3), and (4) of this section and except as 11
provided in administrative regulations promulgated pursuant to subsection 12
(1)(c)6. of Section 27 of this Act: 13
(a) A registered qualified patient shall not be permitted to purchase more 14
medicinal cannabis than the amount determined by the cabinet to constitute 15
an uninterrupted thirty (30) day supply of medicinal cannabis during a 16
given twenty-five (25) day period; 17
(b) A designated caregiver shall not be permitted to purchase more medicinal 18
cannabis than the amount determined by the cabinet to constitute an 19
uninterrupted thirty (30) day supply of medicinal cannabis for each 20
registered qualified patient to whom the caregiver is connected through the 21
cabinet's registration process during a given twenty-five (25) day period; 22
and 23
(c) A visiting qualified patient shall not be permitted to purchase more 24
medicinal cannabis than the amount determined by the cabinet to constitute 25
an uninterrupted ten (10) day supply of medicinal cannabis during a given 26
eight (8) day period. 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 18 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
(7) A cardholder shall not be subject, under the laws of the Commonwealth, to arrest, 1
prosecution, or denial of any right or privilege, including but not limited to a civil 2
penalty or disciplinary action by a court or occupational or professional licensing 3
board, for: 4
(a) Possession of cannabis that is incidental to the use of medicinal cannabis; 5
(b) Possession of medicinal cannabis accessories; or 6
(c) Transferring medicinal cannabis to a safety facility for testing. 7
(8) No person shall be subject, under the laws of the Commonwealth, to arrest, 8
prosecution, or denial of any right or privilege, including but not limited to a civil 9
penalty or disciplinary action by a court or occupational or professional licensing 10
board, for: 11
(a) Selling medicinal cannabis accessories to a cardholder who is over eighteen 12
(18) years of age upon presentation of a valid registry identification card 13
issued by the cabinet or, for visiting qualified patients, a valid out-of-state 14
registry identification card and documentation of having been diagnosed 15
with a qualifying medical condition; 16
(b) Being in the presence or vicinity of the use of medicinal cannabis as 17
allowed under Sections 1 to 30 of this Act; or 18
(c) Assisting a registered qualified patient or visiting qualified patient with 19
using or administering medicinal cannabis. For purposes of illustration and 20
not limitation, this includes preparing raw plant material or brewing tea for 21
a registered qualified patient or visiting qualified patient. It does not include 22
providing medicinal cannabis to a patient that the patient did not already 23
possess. 24
(9) Notwithstanding any other provision of law to the contrary, a registered qualified 25
patient who is injured or defrauded, including by theft or deprivation of use and 26
benefit of any money, personal property including medicinal cannabis, or articles 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 19 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
of value of any kind, by his or her designated caregiver shall have a civil cause of 1
action in Circuit Court to recover the actual damages sustained, together with the 2
cost of the lawsuit, including a reasonable fee for the individual's attorney of 3
record. 4
SECTION 5. A NEW SECTION OF KRS CHAPTER 218A IS CREATED TO 5
READ AS FOLLOWS: 6
(1) (a) Any medicinal cannabis, medicinal cannabis accessories, lawful property, 7
or interest in lawful property that is possessed, owned, or used in connection 8
with the use of medicinal cannabis or acts incidental to that use shall not be 9
subject to seizure or forfeiture under KRS 218A.405 to 218A.460. 10
(b) Sections 1 to 30 of this Act shall not prevent the seizure or forfeiture of 11
marijuana exceeding the amounts allowed under Section 4 of this Act or 12
administrative regulations promulgated pursuant to subsection (1)(c)6. of 13
Section 27 of this Act, nor shall it prevent seizure or forfeiture if the basis 14
for that action is unrelated to the use of medicinal cannabis in accordance 15
with Sections 1 to 30 of this Act and any administrative regulation 16
promulgated thereunder. 17
(2) Possession of, or application for, a registry identification card, an out-of-state 18
registry identification card, or cannabis business license shall not constitute 19
probable cause or reasonable suspicion, nor shall it be used to support the search 20
of the person, property, or home of the person possessing or applying for the 21
registry identification card, out-of-state registry identification card, or cannabis 22
business license. The possession of, or application for, a registry identification 23
card, out-of-state registry identification card, or cannabis business license shall 24
not preclude the existence of probable cause if probable cause exists on other 25
grounds. 26
(3) (a) There shall be a rebuttable presumption that a cardholder is engaged in the 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 20 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
lawful use of medicinal cannabis, or in the case of a designated caregiver, 1
assisting with the lawful use of medicinal cannabis, if the cardholder: 2
1. Possesses a valid registry identification card or, in the case of a 3
visiting qualified patient, an out-of-state registry identification card 4
and documentation of having been diagnosed with a qualifying 5
medical condition; and 6
2. Possesses an amount of medicinal cannabis that does not exceed the 7
amount allowed under Section 4 of this Act or administrative 8
regulations promulgated pursuant to subsection (1)(c)6. of Section 27 9
of this Act. 10
(b) This presumption may be rebutted by a preponderance of evidence that 11
conduct was unrelated to the use of medicinal cannabis or was otherwise in 12
violation of Sections 1 to 30 of this Act. 13
SECTION 6. A NEW SECTION OF KRS CHAPTER 218A IS CREATED TO 14
READ AS FOLLOWS: 15
(1) Sections 1 to 30 of this Act do not authorize any person to engage in, and shall 16
not prevent the imposition of any civil, criminal, or other penalties, including but 17
not limited to criminal prosecution or disciplinary action by the cabinet or an 18
occupational or professional licensing board, for engaging in the following 19
conduct: 20
(a) Operating, navigating, or being in actual physical control of any aircraft, 21
vehicle, vessel, or any other device known, or hereafter invented, that is 22
powered by machinery and that is or may be used to transport persons or 23
property while under the influence of medicinal cannabis; 24
(b) Consuming medicinal cannabis while operating, navigating, or being in 25
actual physical control of an aircraft, vehicle, vessel, or any other device 26
known, or hereafter invented, that is powered by machinery and that is or 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 21 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
may be used to transport persons or property; 1
(c) Possessing medicinal cannabis that is within the operator's arm's reach or 2
requires less than a two (2) step process to access while operating, 3
navigating, or being in actual physical control of an aircraft, vehicle, vessel, 4
or any other device known, or hereafter invented, that is powered by 5
machinery and that is or may be used to transport persons or property; 6
(d) Undertaking any task under the influence of medicinal cannabis, when 7
doing so would constitute negligence or professional malpractice; 8
(e) Possessing medicinal cannabis, or otherwise engaging in the use of 9
medicinal cannabis: 10
1. On the grounds of any preschool or primary or secondary school, 11
except as permitted in accordance with policies enacted pursuant to 12
subsection (4) of Section 8 of this Act; 13
2. In any correctional facility; or 14
3. On any property of the federal government; 15
(f) Using marijuana, if that person is not a registered qualified patient or 16
visiting qualified patient; 17
(g) Using or consuming marijuana by smoking; or 18
(h) Cultivating marijuana unless that person is licensed by the cabinet as a 19
cannabis cultivator or cannabis producer pursuant to Sections 15, 16, and 20
17 of this Act or is a cultivator or producer agent. 21
(2) The penalty for a violation of subsection (1)(a) or (b) of this section shall be the 22
same as those established for operating a motor vehicle under the influence of 23
alcohol or any other substance in KRS 189A.010. 24
(3) (a) An individual who violates subsection (1)(g) of this section shall not be 25
considered to be in possession of medicinal cannabis or engaged in the use 26
of medicinal cannabis and shall not benefit from the legal protections 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 22 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
afforded by Sections 1 to 30 of this Act. 1
(b) The odor or smell of uncombusted raw plant material shall not constitute 2
evidence of use or consumption of cannabis by smoking. 3
(c) If an individual uses or consumes marijuana by smoking while on any form 4
of public transportation, in any public place as defined in KRS 525.010, or 5
in any place of public accommodation, resort, or amusement as defined in 6
KRS 344.130: 7
1. The cabinet may revoke the individual's registry identification card; 8
and 9
2. The individual may be subject to prosecution under Sections 35 and 36 10
of this Act. 11
(4) Nothing in Sections 1 to 30 of this Act supersedes statutory laws relating to 12
driving while under the influence of intoxicants. Sections 1 to 30 of this Act shall 13
not prevent the enforcement of current laws pertaining to driving while 14
intoxicated, including KRS 183.061, 189.520, 189A.010, and 235.240. 15
(5) As used in this section: 16
(a) "Aircraft" has the same meaning as in KRS 183.011; 17
(b) "Vehicle" has the same meaning as in KRS 189.010; and 18
(c) "Vessel" has the same meaning as in KRS 235.010. 19
SECTION 7. A NEW SECTION OF KRS CHAPTER 218A IS CREATED TO 20
READ AS FOLLOWS: 21
(1) Nothing in Sections 1 to 30 of this Act shall: 22
(a) Require an employer to permit or accommodate the use, consumption, 23
possession, transfer, display, transportation, distribution, sale, or growing of 24
medicinal cannabis in the workplace; 25
(b) Prohibit an employer from implementing policies promoting workplace 26
health and safety by: 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 23 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
1. Restricting the use of medicinal cannabis by employees; or 1
2. Restricting or prohibiting the use of equipment, machinery, or power 2
tools by an employee who is a registered qualified patient, if the 3
employer believes that the use of such equipment, machinery, or 4
power tools by an employee who is a registered qualified patient poses 5
an unreasonable safety risk; 6
(c) Prohibit an employer from including in any contract provisions that 7
prohibit the use of medicinal cannabis by employees; 8
(d) Permit a cause of action against an employer for wrongful discharge or 9
discrimination; 10
(e) Except as provided in Section 8 of this Act, prohibit a person, employer, 11
corporation, or any other entity who occupies, owns, or controls a property 12
from prohibiting or otherwise regulating the use, consumption, possession, 13
transfer, display, transportation, sale, or growing of medicinal cannabis on 14
or in that property; 15
(f) Prohibit an employer from establishing and enforcing a drug testing policy, 16
drug-free workplace, or zero-tolerance drug policy; or 17
(g) Prohibit an employer from exercising his or her ability to determine 18
impairment of an employee who is a cardholder. Good faith determinations 19
of impairment permitted under this paragraph shall include behavioral 20
assessments of impairment and a secondary step of testing an employee who 21
is a cardholder for the presence of cannabis by an established method. If an 22
employer determines, pursuant to subsection (2)(c) of Section 2 of this Act, 23
that an employee who is a cardholder is impaired by the use of cannabis 24
from the behavioral assessment and testing, the burden of proving non-25
impairment shall shift to the employee to refute the findings of the 26
employer. 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 24 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
(2) An employee who is discharged from employment for consuming medicinal 1
cannabis in the workplace, working while under the influence of medicinal 2
cannabis, or testing positive for a controlled substance shall not be eligible to 3
receive benefits under KRS Chapter 341, if such actions are in violation of an 4
employment contract or established personnel policy. 5
(3) An employer shall not be penalized or denied any benefit under state law for 6
employing a cardholder. 7
SECTION 8. A NEW SECTION OF KRS CHAPTER 218A IS CREATED TO 8
READ AS FOLLOWS: 9
(1) A registered qualified patient or visiting qualified patient who uses medicinal 10
cannabis shall be afforded all the same rights under state and local law, 11
including those guaranteed under KRS Chapter 344, as the individual would 12
have been afforded if he or she were solely prescribed pharmaceutical 13
medications as they pertain to drug testing required by any state or local law. 14
(2) A cardholder otherwise entitled to custody of, or visitation time or parenting time 15
with, a minor child shall not be denied that right, and there shall be no 16
presumption of abuse, neglect, or dependency for conduct permitted under 17
Sections 1 to 30 of this Act unless the person's actions in relation to medicinal 18
cannabis created an unreasonable danger to the safety of the minor child as 19
established by clear and convincing evidence. 20
(3) (a) For the purposes of medical care, including organ transplants, a patient’s 21
authorized use of medicinal cannabis is the equivalent of the authorized use 22
of any other medication used at the direction of a practitioner. 23
(b) A health facility as defined in KRS 216B.015 may develop policies to allow a 24
patient who is a registered qualified patient or visiting qualified patient to 25
use medicinal cannabis on the premises of the health facility. 26
(4) (a) A school shall not refuse to enroll, or otherwise penalize, a person solely for 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 25 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
his or her status as a cardholder, unless failing to do so would violate 1
federal law or regulations and cause the school to lose a monetary or 2
licensing-related benefit under federal law or regulations. 3
(b) A school shall not be penalized or denied any benefit under state law for 4
enrolling a cardholder. 5
(c) Each local board of education and each board of directors of a public 6
charter school shall, no later than July 1, 2024, establish policies to permit 7
a pupil who is a registered qualified patient to consume medicinal cannabis 8
on school property as deemed necessary by the pupil's parent or legal 9
guardian. Policies enacted pursuant to this paragraph shall require 10
medicinal cannabis be administered by a school nurse or under the 11
supervision of appropriate school staff. 12
SECTION 9. A NEW SECTION OF KRS CHAPTER 218A IS CREATED TO 13
READ AS FOLLOWS: 14
(1) Except as provided in subsection (11) of this section, a physician or an advanced 15
practice registered nurse who is authorized to prescribe controlled substances 16
under KRS 314.042 seeking to provide written certifications for the use of 17
medicinal cannabis shall apply to the same state licensing board that issued his or 18
her professional practice license, on a form prescribed by the state licensing 19
board, for authorization to provide written certifications for the use of medicinal 20
cannabis. 21
(2) (a) A state licensing board shall approve an application for authorization to 22
provide written certifications for the use of medicinal cannabis if the 23
application is complete and meets the requirements established in 24
administrative regulations promulgated by the state licensing board. 25
(b) A state licensing board shall not authorize an application for authorization 26
to provide written certifications for the use of medicinal cannabis if the 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 26 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
applicant has an ownership or investment interest in or compensation 1
agreement with a cannabis business licensed under this chapter. A state 2
licensing board may consult with the cabinet to determine if an applicant 3
has an ownership or investment interest in or compensation agreement with 4
a cannabis business. 5
(3) Authorization to provide written certifications for the use of medicinal cannabis 6
granted under this section shall expire and may be renewed in accordance with 7
administrative regulations promulgated by a state licensing board. 8
(4) A medicinal cannabis practitioner authorized by a state licensing board to provide 9
written certifications for the use of medicinal cannabis may only provide a patient 10
with a written certification after the medicinal cannabis practitioner has: 11
(a) Established a bona fide practitioner-patient relationship with the patient; 12
(b) Diagnosed the patient, or confirmed a diagnosis provided by another health 13
care provider, with a medical condition for which the medicinal cannabis 14
practitioner believes that the patient may receive therapeutic or palliative 15
benefit from the use of medicinal cannabis; 16
(c) Reviewed a report of information from the electronic monitoring system 17
established pursuant to Section 38 of this Act related to the patient for a 18
period of time that covers at least the twelve (12) months immediately 19
preceding the date of the report; 20
(d) Consulted with the patient, or the patient's custodial parent or legal 21
guardian responsible for providing consent to treatment if the patient is a 22
minor child, with respect to the possible risks and side effects associated 23
with medicinal cannabis, including possible interactions between medicinal 24
cannabis and any other drug or medication that the patient is taking at that 25
time; and 26
(e) Obtained the consent of the patient's custodial parent or legal guardian 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 27 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
responsible for providing consent to treatment, if the patient is a minor 1
child. 2
(5) A bona fide practitioner-patient relationship may be established following a 3
referral from the patient's primary care provider and may be maintained via 4
telehealth. However, a bona fide practitioner-patient relationship shall not be 5
established via telehealth. 6
(6) (a) When issuing a written certification for the use of medicinal cannabis to a 7
patient, the medicinal cannabis practitioner shall use a form prescribed by 8
the cabinet. 9
(b) An initial written certification for the use of medicinal cannabis shall be 10
provided during the course of an in-person examination of the patient by 11
the medicinal cannabis practitioner. Subsequent written certifications, 12
including for the purpose of renewing a registry identification card, may be 13
provided electronically or during the course of a telehealth consultation. 14
(c) For the purpose of applying for a registry identification card, a written 15
certification provided under this section shall be valid for a period of not 16
more than sixty (60) days. The medicinal cannabis practitioner may renew a 17
written certification for not more than three (3) additional periods of not 18
more than sixty (60) days each. Thereafter, the medicinal cannabis 19
practitioner may issue another certification to the patient only after an in-20
person examination or an examination conducted via telehealth of the 21
patient by the medicinal cannabis practitioner. 22
(d) Within twenty-four (24) hours of providing a patient with a written 23
certification for the use of medicinal cannabis, a medicinal cannabis 24
practitioner shall record the issuance of the written certification in the 25
electronic monitoring system established pursuant to Section 38 of this Act. 26
(7) A medicinal cannabis practitioner shall not: 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 28 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
(a) Dispense medicinal cannabis; or 1
(b) Provide a written certification for the use of medicinal cannabis to a family 2
member or for himself or herself. 3
(8) Nothing in Sections 1 to 30 of this Act shall prevent a medicinal cannabis 4
practitioner from being sanctioned for: 5
(a) Issuing a written certification without first obtaining authorization to 6
provide written certifications from a state licensing board; 7
(b) Issuing a written certification to a patient with whom the medicinal 8
cannabis practitioner does not have a bona fide practitioner-patient 9
relationship; 10
(c) Failing to properly evaluate a patient's medical history and current medical 11
condition prior to issuing a written certification; 12
(d) Otherwise failing to use good faith in his or her treatment of the patient; or 13
(e) Any other violation of this section. 14
(9) A state licensing board may suspend or revoke a medicinal cannabis 15
practitioner's authorization to provide written certification for the use of 16
medicinal cannabis and practice license for multiple violations or a serious 17
violation of this section or administrative regulations promulgated thereunder. 18
(10) The state licensing boards shall: 19
(a) No later than July 1, 2024, promulgate administrative regulations in 20
accordance with KRS Chapter 13A to establish: 21
1. Procedures for applying for authorization to provide written 22
certifications; 23
2. The conditions that must be met to be eligible for authorization to 24
provide written certifications; 25
3. The process and procedures for renewing authorization to provide 26
written certifications; 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 29 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
4. Continuing education requirements for medicinal cannabis 1
practitioners who are authorized to provide written certifications; 2
5. The reasons for which authorization to provide written certifications 3
for the use of medicinal cannabis may be suspended or revoked; and 4
6. The minimal standards of care when providing written certifications 5
including record maintenance and follow-up care requirements; 6
(b) On a regular basis, provide the cabinet with the names of all medicinal 7
cannabis practitioners; and 8
(c) Immediately provide the cabinet with the name of any medicinal cannabis 9
practitioner whose authorization to provide written certifications is 10
suspended or revoked. 11
(11) This section does not apply to a practitioner who recommends treatment with 12
cannabis or a drug derived from cannabis under any of the following that are 13
approved by an investigational review board or equivalent entity, the United 14
States Food and Drug Administration, or the National Institutes for Health or 15
any of its cooperative groups or centers under the United States Department of 16
Health and Human Services: 17
(a) A research protocol; 18
(b) A clinical trial; 19
(c) An investigational new drug application; or 20
(d) An expanded access submission. 21
(12) As used in this section, "telehealth" has the same meaning as in KRS 211.332. 22
SECTION 10. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 23
TO READ AS FOLLOWS: 24
(1) Except as provided in subsection (5) of this section, no person shall possess, 25
purchase, acquire, or otherwise engage or assist in the use of medicinal cannabis 26
in Kentucky without first applying for and receiving a registry identification card 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 30 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
issued by the cabinet. 1
(2) A person shall be eligible to apply for a registry identification card as a registered 2
qualified patient if he or she is a resident of Kentucky, has obtained a written 3
certification from a medicinal practitioner with whom he or she has a bona fide 4
practitioner-patient relationship, and has not been convicted of a disqualifying 5
felony offense. 6
(3) (a) Except as provided in paragraph (b) of this subsection, a person shall be 7
eligible to apply for a registry identification card as a designated caregiver if 8
he or she is a resident of Kentucky, is at least twenty-one (21) years of age, 9
has not been convicted of a disqualifying felony offense, and has agreed to 10
assist no more than three (3) registered qualified patients with the use of 11
medicinal cannabis. 12
(b) Any person who has been appointed as a guardian, limited guardian, 13
conservator, or limited conservator under KRS Chapter 387 shall be eligible 14
to be designated as a designated caregiver by the individual for whom they 15
have been appointed as a guardian, limited guardian, conservator, or 16
limited conservator. 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, possesses a valid out-of-21
state registry identification card, and possesses documentation of having been 22
diagnosed with a qualifying medical condition. 23
(5) A person with a valid out-of-state registry identification card and documentation 24
of having been diagnosed with a qualifying medical condition may use his or her 25
out-of-state registry identification card for all purposes established in Sections 1 26
to 30 of this Act and shall not be required to apply for or receive a visiting 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 31 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
qualified patient registry identification card from the cabinet. 1
(6) To apply for or renew a registry identification card, a qualified patient shall 2
submit the following, in accordance with administrative regulations promulgated 3
by the cabinet: 4
(a) The name, address, and date of birth of the qualified patient, except that if 5
the applicant is homeless an address where the applicant may be reached 6
shall be provided to the cabinet; 7
(b) A written certification issued by a medicinal cannabis practitioner within 8
ninety (90) days immediately preceding the date of an application; 9
(c) The name, address, and telephone number of the qualified patient's 10
medicinal cannabis practitioner; 11
(d) The name, address, and date of birth of not more than two (2) individuals 12
chosen by the qualified patient to be designated as a caregiver, if the 13
qualified patient chooses to designate a caregiver, except that if an 14
individual has been appointed as a guardian, limited guardian, conservator, 15
or limited conservator under KRS Chapter 387, the qualified patient shall 16
choose that individual as a designated caregiver; 17
(e) A statement, signed by the qualified patient, pledging not to divert medicinal 18
cannabis to anyone who is not permitted to possess medicinal cannabis 19
pursuant to Sections 1 to 30 of this Act. The statement shall contain a listing 20
of potential penalties, including criminal prosecution, for diverting 21
medicinal cannabis; 22
(f) A statement, signed by the individuals chosen by the qualified patient to be 23
designated as a caregiver, if any, agreeing to be designated as the patient's 24
designated caregiver and pledging not to divert medicinal cannabis to 25
anyone other than the registered qualified patient to whom the caregiver is 26
connected through the cabinet's registration process. The statement shall 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 32 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
contain a listing of potential penalties, including criminal prosecution, for 1
diverting medicinal cannabis; and 2
(g) The application or renewal fee for a registry identification card for a 3
qualified patient and the application or renewal fee for a registry 4
identification card for any designated caregiver chosen by the qualified 5
patient. 6
(7) To apply for or renew a registry identification card, a qualified patient who is 7
under eighteen (18) years of age shall, in addition to the information required 8
under subsection (6) of this section, submit: 9
(a) Documentation of diagnosis of a qualifying medical condition by a 10
practitioner other than the medicinal cannabis practitioner who provided 11
the written certification for the use of medicinal cannabis; and 12
(b) A statement signed by the custodial parent or legal guardian with 13
responsibility for health care decisions for the qualified patient attesting to 14
the fact that the custodial parent or legal guardian agrees to: 15
1. Allow the qualified patient to use medicinal cannabis; 16
2. Serve as the qualified patient's designated caregiver; and 17
3. Control the acquisition, dosage, and frequency of use of medicinal 18
cannabis by the qualified patient. 19
(8) To apply for or renew a registry identification card, a visiting qualified patient 20
shall submit the following, in accordance with administrative regulations 21
promulgated by the cabinet: 22
(a) The name, address, and date of birth of the visiting qualified patient, except 23
that if the applicant is homeless an address where the applicant may be 24
reached shall be provided to the cabinet; 25
(b) A copy of his or her valid out-of-state registry identification card; 26
(c) Proof that he or she has been diagnosed with a qualifying medical 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 33 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
condition; 1
(d) The application or renewal fee for a registry identification card for a 2
visiting qualified patient; and 3
(e) A statement, signed by the visiting qualified patient, pledging not to divert 4
medicinal cannabis to anyone who is not permitted to possess medicinal 5
cannabis pursuant to Sections 1 to 30 of this Act. The statement shall 6
contain a listing of potential penalties, including criminal prosecution, for 7
diverting medicinal cannabis. 8
(9) The application for qualified patients' registry identification cards shall ask 9
whether the patient would like the cabinet to notify him or her of any clinical 10
studies needing human subjects for research on the use of medicinal cannabis. 11
The cabinet shall notify interested patients if it is aware of studies that will be 12
conducted in the United States. 13
(10) A registered qualified patient applying to renew a registry identification card 14
issued by the cabinet shall be required to submit to the cabinet a written 15
certification issued by a medicinal cannabis practitioner within ninety (90) days 16
immediately preceding the date of a renewal application. 17
SECTION 11. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 18
TO READ AS FOLLOWS: 19
(1) The cabinet shall establish, implement, and operate a registry identification card 20
program, including registry identification card application and renewal fees, for 21
registered qualified patients, visiting qualified patients, and designated 22
caregivers. Registry identification card application and renewal fees collected by 23
the cabinet pursuant to this section shall be retained by the cabinet for 24
administrative purposes. 25
(2) Registry identification cards shall contain the following: 26
(a) The name of the cardholder; 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 34 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
(b) A designation of whether the cardholder is a registered qualified patient, 1
visiting qualified patient, or designated caregiver; 2
(c) The date of issuance and expiration date of the registry identification card; 3
(d) A random alphanumeric identification number of at least ten (10) 4
characters, containing at least four (4) numbers and at least four (4) letters, 5
that is unique to the cardholder; 6
(e) A bar code or other marking that can be scanned electronically; 7
(f) A photograph of the cardholder, if the cabinet’s administrative regulations 8
require one; 9
(g) The telephone number and website address for the electronic monitoring 10
system established pursuant to Section 38 of this Act; 11
(h) If the cardholder is a registered qualified patient who has designated one 12
(1) or more designated caregivers, the random alphanumeric identification 13
number of the patient's designated caregivers; 14
(i) If the cardholder is a designated caregiver, the random alphanumeric 15
identification number of the registered qualified patient the designated 16
caregiver is receiving the registry identification card to assist; and 17
(j) If the cardholder is under eighteen (18) years of age, a clear and obvious 18
designation or identifier indicating that the cardholder is under eighteen 19
(18) years of age. 20
(3) (a) Except as provided in paragraph (b) of this subsection, the expiration date 21
for registry identification cards shall be one (1) year after the date of 22
issuance. 23
(b) If a medicinal cannabis practitioner states in the written certification that 24
the qualified patient would benefit from the use of medicinal cannabis until 25
a specified earlier date, then the registry identification card shall expire on 26
that date. 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 35 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
(4) The cabinet may, at its discretion, electronically store in the card all of the 1
information listed in subsection (2) of this section, along with the address and 2
date of birth of the cardholder, to allow it to be read electronically by law 3
enforcement agents and licensed cannabis businesses. 4
(5) (a) The cabinet shall operate a provisional registration receipt system for 5
registered qualified patients, designated caregivers, and visiting qualified 6
patients that shall be valid for forty-five (45) days, or until a permanent card 7
can be issued, as if it is a registry identification card issued by the cabinet. 8
This program shall be implemented and operational simultaneously with the 9
cabinet's implementation of the registry identification card program 10
established in this section. A provisional registration receipt shall contain 11
the following: 12
1. A temporary licensure number; 13
2. A barcode or other marking that can be scanned electronically; 14
3. The name of the applicant; 15
4. A designation of whether the cardholder is a registered qualified 16
patient, visiting qualified patient, or designated caregiver; 17
5. If the cardholder is under eighteen (18) years of age, a clear and 18
obvious designation or identifier indicating that the cardholder is 19
under eighteen (18) years of age; 20
6. The effective date of the receipt; 21
7. The expiration date of the receipt; 22
8. An indication that the cardholder fee has been paid; 23
9. An indication that the application has been submitted and is 24
apparently complete; and 25
10. The name of the certifying medicinal cannabis practitioner. 26
(b) The registration receipt system shall be designed so that this provisional 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 36 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
registration receipt shall be produced by the application website upon 1
completion of an application that includes a written certification for the use 2
of medicinal cannabis and payment of the cardholder fee. To reduce 3
application errors and processing time, a medicinal cannabis practitioner or 4
a dispensary may offer a service that allows an applicant to use a computer 5
and printer on the premises of the medicinal cannabis practitioner's office 6
or dispensary to complete an application and receive a provisional 7
registration receipt pursuant to this subsection. 8
(c) Notwithstanding any other provision of Sections 1 to 30 of this Act, a valid 9
provisional registration receipt issued pursuant to this subsection shall 10
convey to the individual whose name appears on the provisional registration 11
receipt all of the same rights and privileges as a registry identification card 12
issued by the cabinet and shall be accepted by a cannabis business in place 13
of a registry identification card. 14
SECTION 12. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 15
TO READ AS FOLLOWS: 16
(1) Except as provided in subsections (2) to (5) of this section, the cabinet shall: 17
(a) Acknowledge receipt of an application within fifteen (15) days of receipt, 18
and approve or deny an application or renewal within thirty (30) days of 19
receiving a completed application or renewal application; and 20
(b) Issue registry identification cards to a qualified patient and any individual 21
designated by the qualified patient as a designated caregiver or a visiting 22
qualified patient within five (5) days of approving the application or 23
renewal. An individual designated as a caregiver shall be issued a 24
designated caregiver registry identification card for each registered 25
qualified patient to whom he or she is connected through the cabinet's 26
registration process. 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 37 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
(2) The cabinet shall not issue a registry identification card to a qualified patient who 1
is younger than eighteen (18) years of age unless: 2
(a) The custodial parent or legal guardian with responsibility for health care 3
decisions for the qualified patient consents in writing to: 4
1. Allow the qualified patient's use of medicinal cannabis; 5
2. Serve as the qualified patient's designated caregiver; and 6
3. Control the acquisition of the medicinal cannabis, the dosage, and the 7
frequency of the use by the qualified patient; and 8
(b) The designated caregiver application for the custodial parent or legal 9
guardian with responsibility for health care decisions for the qualified 10
patient is approved. 11
(3) The cabinet may deny an application or renewal for a qualified patient’s or 12
visiting qualified patient's registry identification card for any reason that the 13
cabinet, in the exercise of sound discretion, deems sufficient, including but not 14
limited to if the applicant: 15
(a) Did not provide the information or materials required by Section 10 of this 16
Act; 17
(b) Previously had a registry identification card revoked; 18
(c) Provided false or falsified information; or 19
(d) Does not meet the eligibility requirements established in Section 10 of this 20
Act. 21
(4) (a) Except as provided in paragraph (b) of this subsection, the cabinet may 22
deny an application or renewal for a designated caregiver's registration 23
card for any reason that the cabinet, in the exercise of sound discretion, 24
deems sufficient, including but not limited to if the applicant: 25
1. Is already registered as a designated caregiver for three (3) registered 26
qualified patients; 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 38 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
2. Does not meet the eligibility requirements established in Section 10 of 1
this Act; 2
3. Did not provide the information or materials required by Section 10 of 3
this Act; 4
4. Previously had a registry identification card revoked; 5
5. Provided false or falsified information; 6
6. Was previously convicted of a disqualifying felony offense; or 7
7. Has applied as a designated caregiver for a qualified patient whose 8
application or renewal for a registry identification card was denied. 9
(b) Notwithstanding paragraph (a) of this subsection, the cabinet shall approve 10
an application or renewal for a designated caregiver's registration card if 11
the applicant has applied as a designated caregiver for a qualified patient 12
for who the applicant has been appointed under KRS Chapter 387 as a 13
guardian, limited guardian, conservator, or limited conservator. 14
(5) The cabinet may deny an application or renewal for a visiting qualified patient's 15
registration card for any reason that the cabinet, in the exercise of sound 16
discretion, deems sufficient, including but not limited to if the applicant: 17
(a) Did not provide the information or materials required by Section 10 of this 18
Act; 19
(b) Previously had a registry identification card revoked; 20
(c) Provided false or falsified information; or 21
(d) Does not meet the eligibility requirements established in Section 10 of this 22
Act. 23
(6) The cabinet may conduct a criminal background check of any applicant if the 24
criminal background check is conducted solely to determine whether the 25
applicant was previously convicted of a disqualifying felony offense. 26
(7) The cabinet shall notify the registered qualified patient who has designated 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 39 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
someone to serve as his or her designated caregiver if the individual designated as 1
a caregiver is denied a registry identification card. 2
(8) The cabinet shall notify the applicant in writing of the denial and reasons by 3
registered or certified mail at the address given in the application or supplement. 4
The applicant may, within thirty (30) days after the date of the mailing of the 5
cabinet's notice, file a written request for an administrative hearing on the 6
application. The hearing shall be conducted on the application in compliance 7
with the requirements of KRS Chapter 13B. 8
(9) Final orders of the cabinet 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 13. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 12
TO READ AS FOLLOWS: 13
(1) Cardholders shall be required to make the following notifications to the cabinet: 14
(a) A cardholder shall notify the cabinet of any change in his or her name or 15
address; 16
(b) A registered qualified patient shall notify the cabinet within thirty (30) days 17
if he or she ceases to suffer from the medical condition for which a 18
medicinal cannabis practitioner provided a written certification; 19
(c) A registered qualified patient shall notify the cabinet if he or she wishes to 20
terminate a designated caregiver relationship with an individual who has 21
been designated as his or her caregiver; 22
(d) A designated caregiver shall notify the cabinet within thirty (30) days if he 23
or she becomes aware that a registered qualified patient to whom the 24
caregiver is connected through the cabinet's registration process has died or 25
has ceased to suffer from the medical condition for which a medicinal 26
cannabis practitioner provided a written certification; and 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 40 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
(e) If a cardholder loses his or her registry identification card, he or she shall 1
notify the cabinet within ten (10) days of becoming aware the card has been 2
lost. 3
(2) When a cardholder notifies the cabinet of items listed in paragraph (b) or (d) of 4
subsection (1) of this section, the cardholder shall, within ten (10) days of 5
notification, return any unused medicinal cannabis products to a licensed 6
dispensary for destruction. 7
(3) When a cardholder notifies the cabinet of items listed in paragraph (a), (c), or (e) 8
of subsection (1) of this section, but remains eligible under Sections 1 to 30 of 9
this Act, the cabinet shall issue the cardholder a new registry identification card 10
with a new random ten (10) character alphanumeric identification number. If the 11
cabinet issues a new registry identification card to a registered qualified patient, 12
the cabinet shall also issue a new registry identification card with a new ten (10) 13
character alphanumeric number to the registered qualified patient's designated 14
caregiver. New registry identification cards issued under this subsection shall be 15
issued by the cabinet within ten (10) days of receiving the updated information. 16
(4) If a registered qualified patient ceases to be a registered qualified patient or 17
changes his or her designated caregiver, the cabinet shall promptly notify the 18
designated caregiver in writing. The designated caregiver's protections under 19
Sections 1 to 30 of this Act as to that registered qualified patient shall expire 20
fifteen (15) days after notification by the cabinet. 21
(5) If a medicinal cannabis practitioner who provided a written certification notifies 22
the cabinet in writing that the registered qualified patient has died, ceased to 23
suffer from the medical condition for which a medicinal cannabis practitioner 24
provided a written certification, or that the medicinal cannabis practitioner no 25
longer believes the patient might receive therapeutic or palliative benefit from the 26
use of medicinal cannabis, the cabinet shall promptly notify the registered 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 41 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
qualified patient in writing. The registered qualified patient's protections under 1
Sections 1 to 30 of this Act shall expire fifteen (15) days after notification by the 2
cabinet, and the registered qualified patient shall have fifteen (15) days to dispose 3
of or donate his or her medicinal cannabis to a dispensary. 4
SECTION 14. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 5
TO READ AS FOLLOWS: 6
(1) Any cardholder who sells, distributes, or dispenses medicinal cannabis to a 7
person who is not permitted to possess or use medicinal cannabis under Sections 8
1 to 30 of this Act shall have his or her registry identification card revoked and 9
shall be subject to other penalties, including but not limited to criminal 10
prosecution under this chapter and KRS 138.870 to 138.889. 11
(2) The cabinet may revoke the registry identification card of any cardholder who 12
knowingly commits multiple violations or a serious violation of Sections 1 to 30 of 13
this Act. 14
(3) The cabinet shall provide notice of revocation, fine, or other penalty by mailing, 15
via certified mail, the same in writing to the cardholder. The cardholder may, 16
within thirty (30) days after the date of the mailing of the cabinet's notice, file a 17
written request for an administrative hearing regarding the revocation, fine, or 18
other penalty. The hearing shall be conducted in compliance with the 19
requirements of KRS Chapter 13B. 20
(4) Final orders of the cabinet after administrative hearings shall be subject to 21
judicial review. Jurisdiction and venue for judicial review are vested in the 22
Circuit Court of the county in which the appealing party resides. 23
SECTION 15. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 24
TO READ AS FOLLOWS: 25
(1) No person shall cultivate, process, produce, possess, test, transfer, transport, or 26
sell medicinal cannabis or otherwise operate a cannabis business in this state 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 42 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
without first obtaining a license under this section. 1
(2) The cabinet shall create separate licenses, licensure application fees, initial 2
licensure fees, and licensure renewal fees allowing persons to operate a cannabis 3
business, pursuant to Sections 1 to 30 of this Act and any administrative 4
regulations promulgated thereunder, as a: 5
(a) Tier I cannabis cultivator; 6
(b) Tier II cannabis cultivator; 7
(c) Tier III cannabis cultivator; 8
(d) Tier IV cannabis cultivator; 9
(e) Cannabis dispensary; 10
(f) Cannabis processor; 11
(g) Cannabis producer; or 12
(h) Cannabis safety compliance facility. 13
(3) Licensure application fees, initial licensing fees, and licensure renewal fees 14
collected by the cabinet pursuant to this section shall be retained by the cabinet 15
for administrative purposes. 16
(4) (a) Except as provided in paragraph (b) of this subsection, a cannabis business 17
shall be required to apply for and obtain from the cabinet a separate license 18
for each location it intends to operate. 19
(b) A cannabis business licensed as a producer may operate cultivation and 20
processing activities at separate locations, but shall not operate more than 21
one (1) cultivation and one (1) processing facility per license. 22
(5) (a) A cannabis business license issued under this section and Sections 16 and 23
17 of this Act shall be valid for one (1) year from the date of issuance. The 24
cabinet shall notify each licensee ninety (90) days prior to the date the 25
license expires to allow the licensee to begin the renewal process established 26
by the cabinet pursuant to Section 27 of this Act. 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 43 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
(b) The renewal of a cannabis business license shall be contingent upon 1
successful achievement of minimal performance standards established by 2
the cabinet as part of the biennial accreditation process established by the 3
cabinet pursuant to Section 27 of this Act. 4
(6) The cabinet shall approve a license holder's sale of a license issued pursuant to 5
this section and Sections 16 and 17 of this Act if the purchaser and any new 6
facilities meet the requirements of Sections 1 to 30 of this Act. 7
SECTION 16. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 8
TO READ AS FOLLOWS: 9
(1) The cabinet shall create a uniform application form for the cannabis business 10
licenses established in Section 15 of this Act. 11
(2) When applying for a license, the applicant shall submit the following in 12
accordance with the cabinet's administrative regulations: 13
(a) The proposed legal name of the cannabis business; 14
(b) The proposed physical address of the cannabis business and the global 15
positioning system coordinates for any proposed cultivation activities; 16
(c) The name, address, and date of birth of each principal officer and board 17
member of the cannabis business; 18
(d) Any instances in which a business or not-for-profit entity that any of the 19
prospective board members managed or served on the board of was 20
convicted, fined, censured, or had a registration or license suspended or 21
revoked in any administrative or judicial proceeding; and 22
(e) Any additional information required by the cabinet. 23
SECTION 17. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 24
TO READ AS FOLLOWS: 25
(1) The cabinet shall: 26
(a) Acknowledge receipt of an application for a cannabis business license 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 44 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
within fifteen (15) days of receipt; and 1
(b) Provide notification to the cannabis business license applicant as to whether 2
the application for a cannabis business license has been approved or denied 3
within forty-five (45) days of receiving a completed application. 4
(2) The cabinet may deny an application for a cannabis business license for any 5
reason that the cabinet, in the exercise of sound discretion, deems sufficient, 6
including but not limited to: 7
(a) The applicant failed to submit the materials required by Section 16 of this 8
Act, including if the applicant’s plans do not satisfy the security, oversight, 9
or recordkeeping administrative regulations promulgated by the cabinet; 10
(b) The applicant falsifies information on the licensure application; 11
(c) The applicant would not be in compliance with local cannabis business 12
prohibitions enacted pursuant to Section 25 of this Act; 13
(d) One (1) or more of the prospective principal officers or board members: 14
1. Has been convicted of a disqualifying felony offense, the provisions of 15
KRS 335B.020 and 335B.030 notwithstanding; 16
2. Has served as a principal officer or board member for a cannabis 17
business that has had its license revoked; 18
3. Is younger than twenty-one (21) years of age; or 19
4. Is a medicinal cannabis practitioner; 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 SB 47/GA
Page 45 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
operate in Kentucky. 1
(3) If a cannabis business license application is approved: 2
(a) The cannabis business shall, before it begins operations, submit its complete 3
physical address and the global positioning system coordinates for any 4
cultivation activities if a physical address or the global positioning system 5
coordinates for any cultivation activities had not been finalized when it 6
applied; and 7
(b) The cabinet shall: 8
1. Issue a copy of the license that includes the business’s identification 9
number to the approved cannabis business; 10
2. Provide a licensed dispensary with contact and access information for 11
the electronic monitoring system established pursuant to Section 38 of 12
this Act; and 13
3. Provide notice of licensure approval and issuance to the city and 14
county in which the cannabis business intends to operate. 15
(4) If a cannabis business license application is denied, the cabinet shall notify the 16
applicant in writing of a license denial and reasons by registered or certified mail 17
at the address given in the application or supplement. The applicant may, within 18
thirty (30) days after the mailing of the cabinet's notice, file a written request for 19
an administrative hearing on the application. The hearing shall be conducted on 20
the application in compliance with the requirements of KRS Chapter 13B. Final 21
orders of the cabinet after administrative hearings shall be subject to judicial 22
review as provided in KRS 13B.140. Jurisdiction and venue for judicial review 23
are vested in the Circuit Court of the county in which the applicant's business 24
would be located. 25
SECTION 18. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 26
TO READ AS FOLLOWS: 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 46 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
(1) A cannabis business licensed under this chapter shall: 1
(a) Comply with Sections 1 to 30 of this Act and any administrative regulations 2
promulgated thereunder by the cabinet; 3
(b) Conduct a criminal background check into the criminal history of each 4
person seeking to become a principal officer, board member, agent, 5
volunteer, or employee before that person begins work. A cannabis business 6
shall not employ, accept as a volunteer, or have as a board member, 7
principal officer, or agent any person who: 8
1. Was convicted of a disqualifying felony offense; or 9
2. Is younger than twenty-one (21) years of age; 10
(c) Implement appropriate security measures to deter and prevent the theft of 11
medicinal cannabis and unauthorized entrance into areas containing 12
medicinal cannabis; 13
(d) Demonstrate sufficient capital such that it can establish its business and 14
meet the needs for its type of cannabis business; 15
(e) Display its license on the premises at all times; and 16
(f) Only acquire, possess, cultivate, manufacture, deliver, transfer, transport, 17
supply, or dispense medicinal cannabis: 18
1. For the purposes of distributing medicinal cannabis to cardholders 19
who possess a valid registry identification card issued by the cabinet, 20
or for visiting qualified patients, a valid out-of-state registry 21
identification card and documentation of having been diagnosed with 22
a qualifying medical condition; 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 daycare center; 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 47 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
(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
medicinal cannabis practitioner; or 18
(f) Advertise medicinal cannabis sales in print, broadcast, online, by paid in-19
person solicitation of customers, or by any other advertising device as 20
defined in KRS 177.830, except that this paragraph shall not prevent 21
appropriate signs on the property of a licensed cannabis business, listings in 22
business directories including phone books, listings in trade or medical 23
publications, or sponsorship of health or not-for-profit charity or advocacy 24
events. 25
(3) The operating documents of a cannabis business shall include procedures for its 26
oversight and procedures to ensure accurate recordkeeping and inventory 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 48 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
control. 1
(4) When transporting medicinal cannabis on behalf of a cannabis business that is 2
permitted to transport it, a cannabis business agent shall have: 3
(a) A copy of the cannabis business license for the business that employs the 4
agent; 5
(b) Documentation that specifies the amount of medicinal cannabis being 6
transported and the date on which it is being transported; and 7
(c) The cannabis business license number and telephone number of any other 8
cannabis business receiving or otherwise involved in the transportation of 9
the medicinal cannabis. 10
(5) The cultivation of medicinal cannabis for cannabis businesses licensed in this 11
state shall only be done by cultivators and producers licensed under this chapter 12
and shall only take place in an enclosed, locked facility which can only be 13
accessed by cultivator agents working on behalf of the cultivator or producer at 14
the physical address or global positioning system coordinates provided to the 15
cabinet during the license application process. 16
(6) A person who is at least eighteen (18) years of age but not a cardholder may be 17
allowed to enter and remain on the premises of a cannabis business if: 18
(a) The person is present at the cannabis business to perform contract work, 19
including but not limited to electrical, plumbing, or security maintenance, 20
that does not involve handling medicinal cannabis; or 21
(b) The person is a government employee and is at the cannabis business in the 22
course of his or her official duties. 23
SECTION 19. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 24
TO READ AS FOLLOWS: 25
(1) Cannabis businesses shall be subject to reasonable inspection by the cabinet 26
pursuant to the cabinet's procedures or administrative regulations. The cabinet 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 49 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
may inspect any licensed cannabis business premises without having to first 1
obtain a search warrant. 2
(2) The cabinet may, on its own motion or on complaint, after investigation and 3
opportunity for a public hearing at which the cannabis business has been 4
afforded an opportunity to appear and be heard pursuant to KRS Chapter 13B, 5
suspend or revoke a cannabis business license for multiple violations or a serious 6
violation of Sections 1 to 30 of this Act or any administrative regulations 7
promulgated thereunder by the licensee or any of its agents. A suspension shall 8
not be for a period of time longer than six (6) months. 9
(3) The cabinet shall provide notice of suspension, revocation, fine, or other penalty, 10
as well as the required notice of the hearing, by mailing, via certified mail, the 11
same in writing to the cannabis business at the address on the license. The 12
cannabis business may, within thirty (30) days after the date of the mailing of the 13
cabinet's notice, file a written request for an administrative hearing regarding the 14
suspension, revocation, fine, or other penalty. The hearing shall be conducted in 15
compliance with the requirements of KRS Chapter 13B. 16
(4) Final orders of the cabinet after administrative hearings shall be subject to 17
judicial review. Jurisdiction and venue for judicial review are vested in the 18
Circuit Court of the county in which the cannabis business is physically located. 19
(5) A cultivator may continue to cultivate and possess cannabis plants during a 20
suspension, but it shall not transfer or sell medicinal cannabis during a 21
suspension. 22
(6) A dispensary may continue to possess its existing medicinal cannabis inventory 23
during a suspension, but it shall not acquire additional medicinal cannabis, or 24
dispense, transfer, or sell medicinal cannabis during a suspension. 25
(7) A processor may continue to process and possess its existing medicinal cannabis 26
inventory during a suspension, but it shall not acquire additional medicinal 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 50 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
cannabis, or dispense, transfer, or sell medicinal cannabis products during a 1
suspension. 2
(8) A producer may continue to cultivate, process, and possess cannabis plants and 3
its existing medicinal cannabis inventory during a suspension, but it shall not 4
acquire additional medicinal cannabis, or dispense, transfer, or sell medicinal 5
cannabis during a suspension. 6
(9) A safety compliance facility may continue to possess medicinal cannabis during a 7
suspension, but it shall not receive any new medicinal cannabis, test or otherwise 8
analyze medicinal cannabis, or transfer or transport medicinal cannabis during a 9
suspension. 10
SECTION 20. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 11
TO READ AS FOLLOWS: 12
(1) A cultivator or cultivator agent acting on behalf of a cultivator shall not be 13
subject to prosecution under state or local law, to search or inspection except by 14
the cabinet pursuant to Section 19 of this Act, or 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 30 of this Act and the cabinet's administrative 18
regulations for: 19
(a) Acquiring, possessing, planting, cultivating, raising, harvesting, trimming, 20
or storing cannabis seeds, seedlings, plants, or raw plant material; 21
(b) Delivering, transporting, transferring, supplying, or selling raw plant 22
material or related supplies to other licensed cannabis businesses in this 23
state; or 24
(c) Selling cannabis seeds or seedlings to similar entities that are licensed to 25
cultivate cannabis in this state or in any other jurisdiction. 26
(2) Cultivators and cultivator agents acting on behalf of a cultivator shall: 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 51 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
(a) Only deliver raw plant material to a licensed processor, licensed producer, 1
licensed safety compliance facility, or licensed dispensary for fair market 2
value; 3
(b) Only deliver raw plant material to a licensed dispensary, processor, or 4
producer after it has been checked by a safety compliance facility agent for 5
cannabinoid contents and contaminants in accordance with administrative 6
regulations promulgated by the cabinet; 7
(c) Not supply a dispensary with more than the amount of raw plant material 8
reasonably required by a dispensary; and 9
(d) Not deliver, transfer, or sell raw plant material with a delta-9 10
tetrahydrocannabinol content of more than thirty-five percent (35%) to a 11
licensed dispensary, processor, or producer. 12
(3) (a) A Tier I cultivator shall not exceed an indoor growth area of two thousand 13
five hundred (2,500) square feet. 14
(b) A Tier II cultivator shall not exceed an indoor growth area of ten thousand 15
(10,000) square feet. 16
(c) A Tier III cultivator shall not exceed an indoor growth area of twenty-five 17
thousand (25,000) square feet. 18
(d) A Tier IV cultivator shall not exceed an indoor growth area of fifty 19
thousand (50,000) square feet. 20
SECTION 21. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 21
TO READ AS FOLLOWS: 22
(1) A dispensary or dispensary agent acting on behalf of a dispensary shall not be 23
subject to prosecution under state or local law, to search or inspection except by 24
the cabinet pursuant to Section 19 of this Act, to seizure or penalty in any 25
manner, or be denied any right or privilege, including but not limited to a civil 26
penalty or disciplinary action by a court or business licensing board, for acting 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 52 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
pursuant to Sections 1 to 30 of this Act and the cabinet's administrative 1
regulations for: 2
(a) Acquiring or possessing medicinal cannabis from a cultivator, processor, or 3
producer in this state; 4
(b) Acquiring or possessing medicinal cannabis accessories or educational 5
material; 6
(c) Supplying, selling, dispensing, distributing, or delivering medicinal 7
cannabis, medicinal cannabis accessories, and educational material to 8
cardholders or other dispensaries; 9
(d) Selling cannabis seeds to similar entities that are licensed to cultivate 10
cannabis in this state or in any other jurisdiction; or 11
(e) Acquiring, accepting, or receiving medicinal cannabis products from a 12
cardholder, except that a dispensary may not offer anything of monetary 13
value in return for medicinal cannabis received from a cardholder. Any 14
medicinal cannabis received by a dispensary under this paragraph or 15
pursuant to Section 13 of this Act shall be destroyed by the dispensary or its 16
agents and shall not be sold, dispensed, or distributed to another 17
cardholder. 18
(2) A dispensary or dispensary agent acting on behalf of a dispensary shall: 19
(a) Maintain records that include specific notations of the amount of medicinal 20
cannabis being dispensed to a cardholder and whether it was dispensed 21
directly to a registered qualified patient or visiting qualified patient, or to a 22
registered qualified patient's designated caregiver. Each entry shall include 23
the date and time the medicinal cannabis was dispensed. The data required 24
to be recorded by this paragraph shall be entered into the electronic 25
monitoring system established pursuant to Section 38 of this Act in 26
accordance with administrative regulations promulgated by the cabinet for 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 53 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
the recording of medicinal cannabis dispensing; 1
(b) Only dispense or sell medicinal cannabis after it has been checked by a 2
safety compliance facility agent for cannabinoid contents and contaminants 3
in accordance with administrative regulations promulgated by the cabinet; 4
(c) Only dispense or sell medicinal cannabis to a registered qualified patient, 5
visiting qualified patient, or designated caregiver after making a diligent 6
effort to verify: 7
1. That the registry identification card or, for visiting qualified patients, 8
the out-of-state registry identification card presented to the dispensary 9
is valid, including by checking the verification system, if it is 10
operational, or other cabinet-designated databases; 11
2. That the person presenting the registry identification card or, for 12
visiting qualified patients, the out-of-state registry identification card 13
is at least eighteen (18) years of age and is the person identified on the 14
registry identification card by examining at least one (1) other form of 15
government-issued photo identification; and 16
3. The amount of medicinal cannabis the person is legally permitted to 17
purchase pursuant to Section 4 of this Act by checking the electronic 18
monitoring system established pursuant to Section 38 of this Act; 19
(d) Not acquire, possess, dispense, sell, offer for sale, transfer, or transport: 20
1. Raw plant material with a delta-9 tetrahydrocannabinol content of 21
more than thirty-five percent (35%); 22
2. Medicinal cannabis products intended for oral consumption as an 23
edible, oil, or tincture with more than ten (10) milligrams of delta-9 24
tetrahydrocannabinol per serving; 25
3. Any medicinal cannabis product not described in subparagraph 1. or 26
2. of this paragraph with a delta-9 tetrahydrocannabinol content of 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 54 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
more than seventy percent (70%); or 1
4. Any medicinal cannabis product that contains vitamin E acetate; 2
(e) Not acquire medicinal cannabis from any person other than a cannabis 3
business licensed under this chapter, or an agent thereof, a registered 4
qualified patient, or a designated caregiver; 5
(f) Not sell or dispense medicinal cannabis products intended for consumption 6
by vaporizing to a cardholder who is younger than twenty-one (21) years of 7
age or to a designated caregiver for a registered qualified patient who is 8
younger than twenty-one (21) years of age; 9
(g) Not dispense or sell medicinal cannabis to a minor; 10
(h) Not dispense or sell more medicinal cannabis to a cardholder than he or she 11
is legally permitted to purchase at the time of the transaction; and 12
(i) Not rent office space to a medicinal cannabis practitioner. 13
(3) (a) A dispensary may operate a delivery service for cardholders and may deliver 14
medicinal cannabis, medicinal cannabis accessories, and educational 15
material to cardholders at the address identified on the cardholder's registry 16
identification. 17
(b) All delivery services operated or offered by a dispensary shall comply with 18
administrative regulations promulgated by the cabinet pursuant to this 19
section and Section 27 of this Act. 20
(4) If a dispensary or dispensary agent fails to comply with subsection (2)(c), (d), (e), 21
(f), or (g) of this section, the dispensary and dispensary agent are liable in a civil 22
action for compensatory and punitive damages and reasonable attorney's fees to 23
any person or the representative of the estate of any person who sustains injury, 24
death, or loss to person or property as a result of the failure to comply with 25
subsection (2)(c), (d), (e), (f), or (g) of this section. In any action under this 26
subsection, the court may also award any injunctive or equitable relief that the 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 55 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
court considers appropriate. 1
SECTION 22. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 2
TO READ AS FOLLOWS: 3
(1) A processor or processor agent acting on behalf of a processor shall not be 4
subject to prosecution under state or local law, to search or inspection except by 5
the cabinet pursuant to Section 19 of this Act, to seizure or penalty in any 6
manner, or be denied any right or privilege, including but not limited to civil 7
penalty or disciplinary action by a court or business licensing board, for acting 8
pursuant to Sections 1 to 30 of this Act and the cabinet's administrative 9
regulations for: 10
(a) Acquiring or purchasing raw plant material from a cultivator, processor, or 11
producer in this state; 12
(b) Possessing, processing, preparing, manufacturing, manipulating, blending, 13
preparing, or packaging medicinal cannabis; 14
(c) Transferring, transporting, supplying, or selling medicinal cannabis and 15
related supplies to other cannabis businesses in this state; or 16
(d) Selling cannabis seeds or seedlings to similar entities that are licensed to 17
cultivate cannabis in this state or in any other jurisdiction. 18
(2) A processor licensed under this section shall not possess, process, produce, or 19
manufacture: 20
(a) Raw plant material with a delta-9 tetrahydrocannabinol content of more 21
than thirty-five percent (35%); 22
(b) Medicinal cannabis products intended for oral consumption as an edible, 23
oil, or tincture with more than ten (10) milligrams of delta-9 24
tetrahydrocannabinol per serving; 25
(c) Any medicinal cannabis product not described in paragraph (a) or (b) of 26
this subsection with a delta-9 tetrahydrocannabinol content of more than 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 56 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
seventy percent (70%); or 1
(d) Any medicinal cannabis product that contains vitamin E acetate. 2
SECTION 23. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 3
TO READ AS FOLLOWS: 4
(1) A producer or producer agent acting on behalf of a producer shall not be subject 5
to prosecution under state or local law, to search or inspection except by the 6
cabinet pursuant to Section 19 of this Act, to seizure or penalty in any manner, or 7
be denied any right or privilege, including but not limited to civil penalty or 8
disciplinary action by a court or business licensing board, for acting pursuant to 9
Sections 1 to 30 of this Act and the cabinet's administrative regulations for: 10
(a) Acquiring, possessing, planting, cultivating, raising, harvesting, trimming, 11
or storing cannabis seeds, seedlings, plants, or raw plant material; 12
(b) Delivering, transporting, transferring, supplying, or selling raw plant 13
material, medicinal cannabis products, or related supplies to other licensed 14
cannabis businesses in this state; 15
(c) Selling cannabis seeds or seedlings to similar entities that are licensed to 16
cultivate cannabis in this state or in any other jurisdiction; 17
(d) Acquiring or purchasing raw plant material from a cultivator in this state; 18
or 19
(e) Possessing, processing, preparing, manufacturing, manipulating, blending, 20
preparing, or packaging medicinal cannabis. 21
(2) Producers and producer agents acting on behalf of a producer shall: 22
(a) Only deliver raw plant material to a licensed processor, licensed producer, 23
licensed safety compliance facility, or licensed dispensary for fair market 24
value; 25
(b) Only deliver raw plant material to a licensed dispensary, processor, or 26
producer after it has been checked by a safety compliance facility agent for 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 57 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
cannabinoid contents and contaminants in accordance with administrative 1
regulations promulgated by the cabinet; 2
(c) Not supply a dispensary with more than the amount of raw plant material 3
reasonably required by a dispensary; and 4
(d) Be limited to an indoor cannabis growth area of fifty thousand (50,000) 5
square feet. 6
(3) A producer licensed under this section shall not possess, process, produce, or 7
manufacture: 8
(a) Raw plant material with a delta-9 tetrahydrocannabinol content of more 9
than thirty-five percent (35%); 10
(b) Medicinal cannabis products intended for oral consumption as an edible, 11
oil, or tincture with more than ten (10) milligrams of delta-9 12
tetrahydrocannabinol per serving; 13
(c) Any medicinal cannabis product not described in paragraph (a) or (b) of 14
this subsection with a delta-9 tetrahydrocannabinol content of more than 15
seventy percent (70%); or 16
(d) Any medicinal cannabis product that contains vitamin E acetate. 17
SECTION 24. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 18
TO READ AS FOLLOWS: 19
A safety compliance facility or safety compliance facility agent acting on behalf of a 20
safety compliance facility shall not be subject to prosecution, search except by the 21
cabinet pursuant to Section 19 of this Act, seizure, or penalty in any manner, or be 22
denied any right or privilege, including but not limited to civil penalty or disciplinary 23
action by a court or business licensing board, for acting in accordance with Sections 1 24
to 30 of this Act and the cabinet's administrative regulations to provide the following 25
services: 26
(1) Acquiring or possessing medicinal cannabis obtained from cardholders or 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 58 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
cannabis businesses in this state; 1
(2) Returning the medicinal cannabis to cardholders or cannabis businesses in this 2
state; 3
(3) Transporting medicinal cannabis that was produced by cannabis businesses in 4
this state; 5
(4) The production or sale of approved educational materials related to the use of 6
medicinal cannabis; 7
(5) The production, sale, or transportation of equipment or materials other than 8
medicinal cannabis, including but not limited to lab equipment and packaging 9
materials that are used by cannabis businesses and cardholders, to cardholders or 10
cannabis businesses licensed under this chapter; 11
(6) Testing of medicinal cannabis produced in this state, including testing for 12
cannabinoid content, pesticides, mold, contamination, vitamin E acetate, and 13
other prohibited additives; 14
(7) Training cardholders and cannabis business agents. Training may include but 15
need not be limited to: 16
(a) The safe and efficient cultivation, harvesting, packaging, labeling, and 17
distribution of medicinal cannabis; 18
(b) Security and inventory accountability procedures; and 19
(c) Up-to-date scientific and medical research findings related to use of 20
medicinal cannabis; 21
(8) Receiving compensation for actions allowed under this section; and 22
(9) Engaging in any noncannabis-related business activities that are not otherwise 23
prohibited or restricted by state law. 24
SECTION 25. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 25
TO READ AS FOLLOWS: 26
(1) For the purposes of this section, "local government" means a city, county, urban-27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 59 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
county government, consolidated local government, charter county government, 1
or unified local government. 2
(2) A local government may: 3
(a) Enact ordinances not in conflict with Sections 1 to 30 of this Act or with the 4
cabinet's administrative regulations, regulating the time, place, and manner 5
of cannabis business operations, except that a local government shall not 6
enact ordinances that impose an undue burden or make cannabis business 7
operations unreasonable or impractical; 8
(b) Prohibit all cannabis business operations within its territory through the 9
passage of an ordinance; or 10
(c) Enact resolutions directing that the question of prohibiting cannabis 11
businesses from operating within its territory be submitted to the voters of 12
its territory at the next regular election pursuant to subsection (5)(j) of this 13
section. 14
(3) If a county, consolidated local government, charter county government, or 15
unified local government prohibits all cannabis business operations, the 16
legislative body of a city located within the county, consolidated local 17
government, charter county government, or unified local government may: 18
(a) Approve cannabis business operations within the limits of the city through 19
the passage of an ordinance; or 20
(b) Enact resolutions directing that the question of allowing cannabis 21
businesses to operate within the limits of the city be submitted to the voters 22
who are eligible to vote in that city's elections at the next regular election 23
pursuant to subsection (5)(j) of this section. 24
(4) If a local government legislative body with jurisdiction prohibits cannabis 25
business operations through the passage of an ordinance, a public question that 26
is initiated by petition and that proposes allowing a cannabis business to operate 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 60 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
within the affected territory is authorized. 1
(5) A public question that is initiated by petition and is authorized by subsection (4) 2
of this section shall be submitted to the voters within the affected territory at the 3
next regular election by complying with the following requirements: 4
(a) Before a petition for submission of the proposal may be presented for 5
signatures, an intent to circulate the petition, including a copy of the 6
unsigned petition, shall be filed with the county clerk of the affected 7
territory by any person or group of persons seeking the submission of the 8
public question. The statement of intent shall include the addresses of the 9
person or group of persons and shall specify the person or group of persons, 10
as well as the address, to whom all notices are to be sent. Within ten (10) 11
days after the intent to circulate the petition is filed, the county clerk shall 12
deliver a copy of the intent to circulate the petition, including a copy of the 13
unsigned petition, to the legislative body of the affected territory; 14
(b) The petition shall set out in full the following question: "Are you in favor of 15
the sale of medicinal cannabis at a licensed dispensary and the operation of 16
other cannabis businesses in (affected territory)?"; 17
(c) The petition for the submission of the proposal shall be signed by a number 18
of constitutionally qualified voters of the territory to be affected equal to five 19
percent (5%) of registered voters for the affected territory; 20
(d) Each signature shall be executed in ink or indelible pencil and shall be 21
followed by the legibly printed name of each voter, followed by the voter's 22
residence address, year of birth, and the correct date upon which the voter's 23
name was signed; 24
(e) No petition for the submission of the proposal shall be circulated for more 25
than six (6) months prior to its filing; 26
(f) After a petition for the submission of the proposal has received no fewer 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 61 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
than the number of qualifying signatures required by paragraph (c) of this 1
subsection, the signed petition shall be filed with the county clerk. When it 2
is filed, each sheet of the petition shall have an affidavit executed by the 3
circulator stating that he or she personally circulated the sheet, the number 4
of signatures thereon, that all signatures were affixed in his or her 5
presence, that he or she believes them to be the genuine signatures of 6
registered voters within the affected territory, and that each signer had an 7
opportunity before signing to read the full text of the proposal; 8
(g) No signer of the petition may withdraw his or her name or have it taken 9
from the petition after the petition has been filed. If the name of any person 10
has been placed on the petition for submission of the public question 11
without that person's authority, the person may, at any time prior to 12
certification of sufficiency of the petition by the county clerk as required by 13
paragraph (h) of this subsection, request the removal of his or her name by 14
the county board of elections and, upon proof that the person's name was 15
placed on the petition without his or her authority, the person's name and 16
personal information shall be eliminated, and he or she shall not be counted 17
as a petitioner; 18
(h) Within thirty (30) days after the petition is filed, the county clerk shall 19
complete a certificate as to its sufficiency or, if it is insufficient, specifying 20
the particulars of the insufficiency, and shall send a copy to the person or 21
persons specified in the statement of intent to receive all notices and to the 22
legislative body of the affected territory, all by registered mail. A petition 23
certified insufficient for lack of the required number of valid signatures 24
may be amended once by filing a supplemental petition upon additional 25
sheets within thirty (30) days after receiving the certificate of insufficiency. 26
The supplemental petition shall comply with the requirements applicable to 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 62 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
the original petition and, within ten (10) days after it is filed, the county 1
clerk shall complete a certificate as to the sufficiency of the petition as 2
amended and promptly send a copy of the certificate to the person or 3
persons specified to receive all notices and to the legislative body of the 4
affected territory by registered mail; 5
(i) A final determination as to the sufficiency of a petition shall be subject to 6
review in the Circuit Court of the county of the affected territory and shall 7
be limited to the validity of the county clerk's determination. A final 8
determination of insufficiency shall not prejudice the filing of a new 9
petition for the same purpose; and 10
(j) If, not later than the second Tuesday in August preceding the day 11
established for a regular election, the county clerk has certified that a 12
petition is sufficient or has received a local government resolution pursuant 13
to subsection (2) or (3) of this section, the county clerk shall have prepared 14
to place before the voters of the affected territory at the next regular election 15
the question, which shall be "Are you in favor of the sale of medicinal 16
cannabis at a licensed dispensary and the operation of other cannabis 17
businesses in (affected territory)? Yes....No....". The county clerk shall 18
cause to be published in accordance with KRS Chapter 424, at the same 19
time as the remaining voter information, the full text of the proposal. The 20
county clerk shall cause to be posted in each polling place one (1) copy of 21
the full text of the proposal. 22
(6) If the question submitted to the voters under subsection (3) or (5) of this section 23
fails to pass, three (3) years shall elapse before the question of medicinal 24
cannabis sales and cannabis business operations may be included on a regular 25
election ballot for the affected territory. 26
(7) If the question submitted to the voters under subsection (3) or (5) of this section 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 63 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
passes, medicinal cannabis sales and cannabis business operations may be 1
conducted in the affected territory, notwithstanding any local government 2
ordinances which prohibit all cannabis business operations within its territory. 3
(8) In circumstances where a county, consolidated local government, charter county 4
government, or unified local government prohibits cannabis business operations 5
but a city within that county, consolidated local government, charter county 6
government, or unified local government approves cannabis business operations 7
either through the adoption of an ordinance or following the affirmative vote of a 8
public question allowing cannabis business operations, then: 9
(a) The cannabis business operations may proceed within the limits of the city; 10
and 11
(b) The county, consolidated local government, charter county government, or 12
unified local government may assess an additional reasonable fee to 13
compensate for any additional corrections impact caused by the approval of 14
cannabis business operations. Any additional fees collected pursuant to this 15
subsection shall not exceed the additional corrections impact caused by the 16
approval of cannabis business operations. 17
(9) In circumstances where neither a city or the county, urban-county government, 18
consolidated local government, charter county government, or unified local 19
government in which the city is located prohibit cannabis business operations, a 20
cannabis business that is located within the jurisdiction of both the city and the 21
county shall only pay the reasonable established local fees of either the city or the 22
county. The fee shall be established, assessed, collected, and shared between the 23
city and the county, in a manner to be negotiated between the city and the county. 24
(10) The provisions of general election law shall apply to public questions submitted to 25
voters under this section. 26
SECTION 26. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 64 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
TO READ AS FOLLOWS: 1
(1) The cabinet shall maintain a confidential list of the persons to whom the cabinet 2
has issued registry identification cards and their addresses, telephone numbers, 3
and registry identification numbers. 4
(2) The cabinet shall, only at a cardholder’s request, confirm his or her status as a 5
registered qualified patient, visiting qualified patient, or designated caregiver to a 6
third party, such as a landlord, employer, school, medical professional, or court. 7
(3) The following information received and records kept pursuant to the cabinet's 8
administrative regulations promulgated for purposes of administering Sections 1 9
to 30 of this Act shall be confidential and exempt from the Open Records Act, 10
KRS 61.870 to 61.884, and shall not be subject to disclosure to any individual or 11
public or private entity, except as necessary for authorized employees of the 12
cabinet to perform official duties pursuant to Sections 1 to 30 of this Act: 13
(a) Applications and renewals, their contents, and supporting information 14
submitted by qualified patients, visiting qualified patients, and designated 15
caregivers in compliance with Section 10 of this Act, including information 16
regarding their designated caregivers and medicinal cannabis practitioners; 17
(b) The individual names and other information identifying persons to whom 18
the cabinet has issued registry identification cards; 19
(c) Any dispensing information required to be kept under Section 21 of this Act 20
or the cabinet's administrative regulations which shall only identify 21
cardholders by their registry identification numbers and shall not contain 22
names or other personal identifying information; and 23
(d) Any cabinet hard drives or other data-recording media that are no longer in 24
use and that contain cardholder information. These hard drives and other 25
media shall be destroyed after a reasonable time or after the data is 26
otherwise stored. 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 65 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
Data subject to this section shall not be combined or linked in any manner with 1
any other list or database maintained by the cabinet and shall not be used for any 2
purpose not provided for in Sections 1 to 30 of this Act. 3
(4) Nothing in this section shall preclude the following: 4
(a) Notification by the cabinet's employees to state or local law enforcement 5
about falsified or fraudulent information submitted to the cabinet or of 6
other apparently criminal violations of Sections 1 to 30 of this Act if the 7
employee who suspects that falsified or fraudulent information has been 8
submitted has conferred with his or her supervisor and both agree that 9
circumstances exist that warrant reporting; 10
(b) Notification by the cabinet's employees to state licensing board if the 11
cabinet has reasonable suspicion to believe a medicinal cannabis 12
practitioner did not have a bona fide practitioner-patient relationship with a 13
patient for whom he or she signed a written certification, if the cabinet has 14
reasonable suspicion to believe the medicinal cannabis practitioner violated 15
the standard of care, or for other suspected violations of Sections 1 to 30 of 16
this Act by a medicinal cannabis practitioner; 17
(c) Notification by dispensary agents to the cabinet of a suspected violation or 18
attempted violation of Sections 1 to 30 of this Act or the administrative 19
regulations promulgated thereunder; 20
(d) Verification by the cabinet of registry identification cards issued pursuant to 21
Sections 10, 11, and 12 of this Act; and 22
(e) The submission of the report required by Section 3 of this Act to the 23
General Assembly. 24
(5) It shall be a misdemeanor punishable by up to one hundred eighty (180) days in 25
jail for any person, including an employee or official of the cabinet or another 26
state agency or local government, to knowingly breach the confidentiality of 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 66 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
information obtained pursuant to Sections 1 to 30 of this Act. 1
SECTION 27. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 2
TO READ AS FOLLOWS: 3
(1) No later than July 1, 2024, the cabinet shall: 4
(a) Ensure that the electronic monitoring system established pursuant to 5
Section 38 of this Act is designed or configured to enable: 6
1. Medicinal cannabis practitioners to record the issuance of written 7
certifications to qualified patients, as required by Section 9 of this Act; 8
2. The cabinet and state licensing boards to monitor the issuance of 9
written certifications by medicinal cannabis practitioners; 10
3. Cabinet personnel, law enforcement personnel, and dispensary agents 11
to verify the validity of registry identification cards issued by the 12
cabinet by entering a registry identification number to determine 13
whether or not the identification number corresponds with a current, 14
valid registry identification card. The system shall only disclose 15
whether the identification card is valid and whether the cardholder is 16
a registered qualified patient, visiting qualified patient, or designated 17
caregiver; 18
4. Law enforcement personnel and dispensary agents to access medicinal 19
cannabis sales data recorded by dispensary agents pursuant to Section 20
21 of this Act; 21
5. Dispensary agents to record the amount of medicinal cannabis that is 22
dispensed to a cardholder during each transaction as required by 23
Section 21 of this Act; and 24
6. The sharing of dispensing data recorded by dispensary agents 25
pursuant to Section 21 of this Act with all dispensaries in real time; 26
(b) Ensure that the electronic monitoring system established pursuant to 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 67 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
Section 38 of this Act is designed to facilitate the tracking of medicinal 1
cannabis from the point of cultivation to the point of sale to cardholders; 2
and 3
(c) Promulgate administrative regulations in accordance with KRS Chapter 4
13A to establish: 5
1. Procedures for the issuance, renewal, suspension, and revocation of 6
registry identification cards, including the creation of a standardized: 7
a. Written certification form; and 8
b. Application form which the cabinet shall require to be notarized; 9
2. Procedures for the issuance and revocation of registry identification 10
cards; 11
3. Procedures for the issuance, renewal, suspension, and revocation of 12
cannabis business licenses, including the creation of a uniform 13
licensure application form which the cabinet shall require to be 14
notarized and minimal performance standards for a biennial 15
accreditation process with all such procedures subject to the 16
requirements of KRS Chapters 13A and 13B; 17
4. A convenience fee to be assessed and collected by dispensaries for 18
visiting qualified patients who do not possess a valid registry 19
identification card issued by the cabinet and who purchase medicinal 20
cannabis with an out-of-state registry identification card and 21
documentation of having been diagnosed with a qualifying medical 22
condition. The convenience fee established pursuant to this 23
subparagraph shall not exceed fifteen dollars ($15) per transaction; 24
5. In collaboration with the Board of Physicians and Advisors, the 25
Kentucky Board of Medical Licensure, the Kentucky Board of 26
Nursing, and the Kentucky Center for Cannabis: 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 68 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
a. A definition of the amount of medicinal cannabis or delta-9 1
tetrahydrocannabinol that constitutes a daily supply, an 2
uninterrupted ten (10) day supply, and an uninterrupted thirty 3
(30) day supply of medicinal cannabis; and 4
b. The amount of raw plant material that medicinal cannabis 5
products are considered to be equivalent to; 6
6. A process by which a medicinal cannabis practitioner may 7
recommend, and a registered qualified patient or his or her designated 8
caregiver may legally purchase and possess, an amount of medicinal 9
cannabis in excess of the thirty (30) day supply of medicinal cannabis, 10
if the medicinal cannabis practitioner reasonably believes that the 11
standard thirty (30) day supply would be insufficient in providing the 12
patient with uninterrupted therapeutic or palliative relief; 13
7. Provisions governing the following matters related to cannabis 14
businesses with the goal of protecting against diversion and theft, 15
without imposing any undue burden that would make cannabis 16
business operations unreasonable or impractical on cannabis 17
businesses or compromising the confidentiality of cardholders: 18
a. Recordkeeping and inventory control requirements, including 19
the use of the electronic monitoring systems established pursuant 20
to Section 38 of this Act; 21
b. Procedures for the verification and validation of a registry 22
identification card, or its equivalent, that was issued pursuant to 23
the laws of another state, district, territory, commonwealth, or 24
insular possession of the United States that allows for the use of 25
medicinal cannabis in the jurisdiction of issuance; 26
c. Security requirements for safety compliance facilities, 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 69 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
processors, producers, dispensaries, and cultivators, which shall 1
include at a minimum lighting, video security, alarm 2
requirements, on-site parking, and measures to prevent loitering; 3
d. Procedures for the secure transportation, including delivery 4
services provided by dispensaries, and storage of medicinal 5
cannabis by cannabis business licensees and their employees or 6
agents; 7
e. Employment and training requirements for licensees and their 8
agents, including requiring each licensee to create an 9
identification badge for each of the licensee's agents or 10
employees; and 11
f. Restrictions on visits to licensed cultivation and processing 12
facilities, including requiring the use of visitor logs; 13
8. Procedures to establish, publish, and annually update a list of varieties 14
of cannabis that possess a low but effective level of 15
tetrahydrocannabinol, including the substance cannabidiol, by 16
comparing percentages of chemical compounds within a given variety 17
against other varieties of cannabis; 18
9. A rating system that tracks the terpene content of at least the twelve 19
(12) major terpenoids within each strain of cannabis available for 20
medicinal use within the Commonwealth; 21
10. Requirements for random sample testing of medicinal cannabis to 22
ensure quality control, including testing for cannabinoids, terpenoids, 23
residual solvents, pesticides, poisons, toxins, mold, mildew, insects, 24
bacteria, and any other dangerous adulterant; 25
11. Requirements for licensed cultivators, producers, and processors to 26
contract with an independent safety compliance facility to test the 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 70 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
medicinal cannabis before it is sold at a dispensary. The cabinet may 1
approve the safety compliance facility chosen by a cultivator, 2
producer, or processor and require that the safety compliance facility 3
report test results for a designated quantity of medicinal cannabis to 4
the cultivator, producer, or processor and cabinet; 5
12. Standards for the operation of safety compliance facilities which may 6
include: 7
a. Requirements for equipment; 8
b. Personnel qualifications; and 9
c. Requiring facilities to be accredited by a relevant certifying 10
entity; 11
13. Standards for the packaging and labeling of medicinal cannabis sold 12
or distributed by cannabis businesses which shall comply with 15 13
U.S.C. secs. 1471 to 1476 and shall include: 14
a. Standards for packaging that requires at least a two (2) step 15
process of initial opening; 16
b. A warning label which may include the length of time it typically 17
takes for the product to take effect, how long the effects of the 18
product typically last, and any other information deemed 19
appropriate or necessary by the cabinet; 20
c. The amount of medicinal cannabis the product is considered the 21
equivalent to; 22
d. Disclosing ingredients, possible allergens, and certain bioactive 23
components, including cannabinoids and terpenoids, as 24
determined by the cabinet; 25
e. A nutritional fact panel; 26
f. Opaque, child-resistant packaging; 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 71 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
g. A requirement that all raw plant material packaged or sold in 1
this state be marked or labeled as "NOT INTENDED FOR 2
CONSUMPTION BY SMOKING"; 3
h. A requirement that medicinal cannabis products be clearly 4
marked with an identifiable and standardized symbol indicating 5
that the product contains cannabis; 6
i. A requirement that all medicinal cannabis product packaging 7
include an expiration date; and 8
j. A requirement that medicinal cannabis products and their 9
packaging not be visually reminiscent of major brands of edible 10
noncannabis products or otherwise present an attractive 11
nuisance to minors; 12
14. Health and safety requirements for the processing of medicinal 13
cannabis and the indoor cultivation of medicinal cannabis by 14
licensees; 15
15. Restrictions on: 16
a. Additives to medicinal cannabis that are toxic, including vitamin 17
E acetate, or increase the likelihood of addiction; and 18
b. Pesticides, fertilizers, and herbicides used during medicinal 19
cannabis cultivation which pose a threat to human health and 20
safety; 21
16. Standards for the safe processing of medicinal cannabis products 22
created by extracting or concentrating compounds from raw plant 23
material; 24
17. Standards for determining the amount of unprocessed raw plant 25
material that medicinal cannabis products are considered the 26
equivalent to; 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 72 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
18. Restrictions on advertising, marketing, and signage in regard to 1
operations or establishments owned by licensees necessary to prevent 2
the targeting of minors; 3
19. The requirement that evidence-based educational materials regarding 4
dosage and impairment be disseminated to registered qualified 5
patients, visiting qualified patients, and designated caregivers who 6
purchase medicinal cannabis products; 7
20. Policies governing insurance requirements for cultivators, 8
dispensaries, processors, producers, and safety compliance facilities; 9
and 10
21. Standards, procedures, or restrictions that the cabinet deems 11
necessary to ensure the efficient, transparent, and safe operation of 12
the medicinal cannabis program, except that the cabinet shall not 13
promulgate any administrative regulation that would impose an undue 14
burden or make cannabis business operations unreasonable or 15
impractical. 16
(2) Except as provided in subsection (1)(g) of Section 6 of this Act, subsection (2)(b) 17
of Section 18 of this Act, subsection (2)(d) of Section 21 of this Act, subsection (2) 18
of Section 22 of this Act, subsection (3) of Section 23 of this Act, and subsection 19
(1)(c)10., 13., 15., and 16. of this section, the cabinet shall not restrict or limit 20
methods of delivery, use, or consumption of medicinal cannabis or the types of 21
products that may be acquired, produced, processed, possessed, sold, or 22
distributed by a cannabis business. 23
(3) If a need for additional cannabis cultivation in this state is demonstrated by 24
cannabis businesses or the cabinet's own analysis, the cabinet may through the 25
promulgation of administrative regulations increase the cultivation area square 26
footage limits for either cultivators or producers, or both by up to three (3) times 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 73 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
the limits established in Sections 20 and 23 of this Act. Any increase in the 1
cultivation square footage limits adopted by the cabinet pursuant to this section 2
shall not result in an increase in the licensure application or renewal fees 3
established by the cabinet. 4
(4) When promulgating administrative regulations under this section, the cabinet 5
shall consider standards, procedures, and restrictions that have been found to be 6
best practices relative to the use and regulation of medicinal cannabis. 7
SECTION 28. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 8
TO READ AS FOLLOWS: 9
If the Kentucky Center for Cannabis established in KRS 164.983, or its successor, 10
determines that sufficient scientific data and evidence exists to demonstrate that an 11
individual diagnosed with that specific medical condition or disease is likely to receive 12
medical, therapeutic, or palliative benefits from the use of medicinal cannabis, the 13
center shall notify the cabinet, the Kentucky Board of Medical Licensure, and the 14
Kentucky Board of Nursing of its determination and the specific medical condition or 15
disease shall be considered to be a qualifying medical condition as defined in Section 1 16
of this Act. 17
SECTION 29. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 18
TO READ AS FOLLOWS: 19
Nothing in Sections 1 to 30 of this Act shall require a government medical assistance 20
program, private health insurer or workers' compensation carrier, or self-funded 21
employer providing workers' compensation benefits to reimburse a person for costs 22
associated with the use of medicinal cannabis. 23
SECTION 30. A NEW SECTION OF KRS CHAPTER 218A IS CREATED 24
TO READ AS FOLLOWS: 25
The provisions of KRS 138.870 to 138.889 shall not apply to any individual or entity 26
for: 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 74 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
(1) Any amount of medicinal cannabis that is necessary or reasonably necessary for 1
use of a license or registry identification card issued by the cabinet; or 2
(2) Any use of medicinal cannabis that complies with Sections 1 to 30 of this Act and 3
any administrative regulations promulgated thereunder. 4
Section 31. KRS 138.870 is amended to read as follows: 5
As used in KRS 138.870 to 138.889, unless the context requires otherwise: 6
(1) "Marijuana": 7
(a) Means marijuana, whether real or counterfeit, as defined in KRS 218A.010; 8
and 9
(b) Does not include medicinal cannabis as defined in Section 1 of this Act. 10
(2) "Controlled substance" means any controlled substance, whether real or counterfeit, 11
as defined in KRS 218A.010 or any regulation promulgated thereunder, except that 12
it shall not include marijuana or medicinal cannabis. 13
(3) "Offender" means a person who engages in this state in a taxable activity as defined 14
in subsection (4) of this section. 15
(4) "Taxable activity" means producing, cultivating, manufacturing, importing, 16
transporting, distributing, acquiring, purchasing, storing, selling, using, or otherwise 17
possessing, in violation of KRS Chapter 218A, more than five (5) marijuana plants 18
with foliation, 42.5 grams of marijuana which has been detached from the plant on 19
which it grew, seven (7) grams of any controlled substance, or fifty (50) or more 20
dosage units of any controlled substance which is not sold by weight. The weight or 21
dosage units in this subsection shall include the weight of marijuana or the weight 22
or dosage units of the controlled substance, whether pure, impure, or diluted. A 23
quantity of a controlled substance is diluted if it consists of a detectable quantity of 24
a pure controlled substance and any excipients or fillers. 25
(5) "Dosage unit" means a tablet, capsule, vial, or ampule of a controlled substance or, 26
in cases of mass volume or diluted quantities, the proper dose or quantity of a 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 75 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
controlled substance to be taken all at one (1) time or in fractional amounts within a 1
given period, as defined and adopted by the United States Pharmacopeia. 2
(6) "Possessing" includes either actual possession or constructive possession, or a 3
combination of both actual and constructive possession. Mere possession or 4
ownership of real estate or an interest therein does not establish constructive 5
possession. 6
Section 32. KRS 139.480 is amended to read as follows: 7
Any other provision of this chapter to the contrary notwithstanding, the terms "sale at 8
retail," "retail sale," "use," "storage," and "consumption," as used in this chapter, shall not 9
include the sale, use, storage, or other consumption of: 10
(1) Locomotives or rolling stock, including materials for the construction, repair, or 11
modification thereof, or fuel or supplies for the direct operation of locomotives and 12
trains, used or to be used in interstate commerce; 13
(2) Coal for the manufacture of electricity; 14
(3) (a) All energy or energy-producing fuels used in the course of manufacturing, 15
processing, mining, or refining and any related distribution, transmission, and 16
transportation services for this energy that are billed to the user, to the extent 17
that the cost of the energy or energy-producing fuels used, and related 18
distribution, transmission, and transportation services for this energy that are 19
billed to the user exceed three percent (3%) of the cost of production. 20
(b) Cost of production shall be computed on the basis of a plant facility, which 21
shall include all operations within the continuous, unbroken, integrated 22
manufacturing or industrial processing process that ends with a product 23
packaged and ready for sale. 24
(c) A person who performs a manufacturing or industrial processing activity for a 25
fee and does not take ownership of the tangible personal property that is 26
incorporated into, or becomes the product of, the manufacturing or industrial 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 76 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
processing activity is a toller. For periods on or after July 1, 2018, the costs of 1
the tangible personal property shall be excluded from the toller's cost of 2
production at a plant facility with tolling operations in place as of July 1, 3
2018. 4
(d) For plant facilities that begin tolling operations after July 1, 2018, the costs of 5
tangible personal property shall be excluded from the toller's cost of 6
production if the toller: 7
1. Maintains a binding contract for periods after July 1, 2018, that governs 8
the terms, conditions, and responsibilities with a separate legal entity, 9
which holds title to the tangible personal property that is incorporated 10
into, or becomes the product of, the manufacturing or industrial 11
processing activity; 12
2. Maintains accounting records that show the expenses it incurs to fulfill 13
the binding contract that include but are not limited to energy or energy-14
producing fuels, materials, labor, procurement, depreciation, 15
maintenance, taxes, administration, and office expenses; 16
3. Maintains separate payroll, bank accounts, tax returns, and other records 17
that demonstrate its independent operations in the performance of its 18
tolling responsibilities; 19
4. Demonstrates one (1) or more substantial business purposes for the 20
tolling operations germane to the overall manufacturing, industrial 21
processing activities, or corporate structure at the plant facility. A 22
business purpose is a purpose other than the reduction of sales tax 23
liability for the purchases of energy and energy-producing fuels; and 24
5. Provides information to the department upon request that documents 25
fulfillment of the requirements in subparagraphs 1. to 4. of this 26
paragraph and gives an overview of its tolling operations with an 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 77 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
explanation of how the tolling operations relate and connect with all 1
other manufacturing or industrial processing activities occurring at the 2
plant facility; 3
(4) Livestock of a kind the products of which ordinarily constitute food for human 4
consumption, provided the sales are made for breeding or dairy purposes and by or 5
to a person regularly engaged in the business of farming; 6
(5) Poultry for use in breeding or egg production; 7
(6) Farm work stock for use in farming operations; 8
(7) Seeds, the products of which ordinarily constitute food for human consumption or 9
are to be sold in the regular course of business, and commercial fertilizer to be 10
applied on land, the products from which are to be used for food for human 11
consumption or are to be sold in the regular course of business; provided such sales 12
are made to farmers who are regularly engaged in the occupation of tilling and 13
cultivating the soil for the production of crops as a business, or who are regularly 14
engaged in the occupation of raising and feeding livestock or poultry or producing 15
milk for sale; and provided further that tangible personal property so sold is to be 16
used only by those persons designated above who are so purchasing; 17
(8) Insecticides, fungicides, herbicides, rodenticides, and other farm chemicals to be 18
used in the production of crops as a business, or in the raising and feeding of 19
livestock or poultry, the products of which ordinarily constitute food for human 20
consumption; 21
(9) Feed, including pre-mixes and feed additives, for livestock or poultry of a kind the 22
products of which ordinarily constitute food for human consumption; 23
(10) Machinery for new and expanded industry; 24
(11) Farm machinery. As used in this section, the term "farm machinery": 25
(a) Means machinery used exclusively and directly in the occupation of: 26
1. Tilling the soil for the production of crops as a business; 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 78 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
2. Raising and feeding livestock or poultry for sale; or 1
3. Producing milk for sale; 2
(b) Includes machinery, attachments, and replacements therefor, repair parts, and 3
replacement parts which are used or manufactured for use on, or in the 4
operation of farm machinery and which are necessary to the operation of the 5
machinery, and are customarily so used, including but not limited to combine 6
header wagons, combine header trailers, or any other implements specifically 7
designed and used to move or transport a combine head; and 8
(c) Does not include: 9
1. Automobiles; 10
2. Trucks; 11
3. Trailers, except combine header trailers; or 12
4. Truck-trailer combinations; 13
(12) Tombstones and other memorial grave markers; 14
(13) On-farm facilities used exclusively for grain or soybean storing, drying, processing, 15
or handling. The exemption applies to the equipment, machinery, attachments, 16
repair and replacement parts, and any materials incorporated into the construction, 17
renovation, or repair of the facilities; 18
(14) On-farm facilities used exclusively for raising poultry or livestock. The exemption 19
shall apply to the equipment, machinery, attachments, repair and replacement parts, 20
and any materials incorporated into the construction, renovation, or repair of the 21
facilities. The exemption shall apply but not be limited to vent board equipment, 22
waterer and feeding systems, brooding systems, ventilation systems, alarm systems, 23
and curtain systems. In addition, the exemption shall apply whether or not the seller 24
is under contract to deliver, assemble, and incorporate into real estate the 25
equipment, machinery, attachments, repair and replacement parts, and any materials 26
incorporated into the construction, renovation, or repair of the facilities; 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 79 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
(15) Gasoline, special fuels, liquefied petroleum gas, and natural gas used exclusively 1
and directly to: 2
(a) Operate farm machinery as defined in subsection (11) of this section; 3
(b) Operate on-farm grain or soybean drying facilities as defined in subsection 4
(13) of this section; 5
(c) Operate on-farm poultry or livestock facilities defined in subsection (14) of 6
this section; 7
(d) Operate on-farm ratite facilities defined in subsection (23) of this section; 8
(e) Operate on-farm llama or alpaca facilities as defined in subsection (25) of this 9
section; or 10
(f) Operate on-farm dairy facilities; 11
(16) Textbooks, including related workbooks and other course materials, purchased for 12
use in a course of study conducted by an institution which qualifies as a nonprofit 13
educational institution under KRS 139.495. The term "course materials" means only 14
those items specifically required of all students for a particular course but shall not 15
include notebooks, paper, pencils, calculators, tape recorders, or similar student 16
aids; 17
(17) Any property which has been certified as an alcohol production facility as defined 18
in KRS 247.910; 19
(18) Aircraft, repair and replacement parts therefor, and supplies, except fuel, for the 20
direct operation of aircraft in interstate commerce and used exclusively for the 21
conveyance of property or passengers for hire. Nominal intrastate use shall not 22
subject the property to the taxes imposed by this chapter; 23
(19) Any property which has been certified as a fluidized bed energy production facility 24
as defined in KRS 211.390; 25
(20) (a) 1. Any property to be incorporated into the construction, rebuilding, 26
modification, or expansion of a blast furnace or any of its components or 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 80 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
appurtenant equipment or structures as part of an approved supplemental 1
project, as defined by KRS 154.26-010; and 2
2. Materials, supplies, and repair or replacement parts purchased for use in 3
the operation and maintenance of a blast furnace and related carbon 4
steel-making operations as part of an approved supplemental project, as 5
defined by KRS 154.26-010. 6
(b) The exemptions provided in this subsection shall be effective for sales made: 7
1. On and after July 1, 2018; and 8
2. During the term of a supplemental project agreement entered into 9
pursuant to KRS 154.26-090; 10
(21) Beginning on October 1, 1986, food or food products purchased for human 11
consumption with food coupons issued by the United States Department of 12
Agriculture pursuant to the Food Stamp Act of 1977, as amended, and required to 13
be exempted by the Food Security Act of 1985 in order for the Commonwealth to 14
continue participation in the federal food stamp program; 15
(22) Machinery or equipment purchased or leased by a business, industry, or 16
organization in order to collect, source separate, compress, bale, shred, or otherwise 17
handle waste materials if the machinery or equipment is primarily used for 18
recycling purposes; 19
(23) Ratite birds and eggs to be used in an agricultural pursuit for the breeding and 20
production of ratite birds, feathers, hides, breeding stock, eggs, meat, and ratite by-21
products, and the following items used in this agricultural pursuit: 22
(a) Feed and feed additives; 23
(b) Insecticides, fungicides, herbicides, rodenticides, and other farm chemicals; 24
(c) On-farm facilities, including equipment, machinery, attachments, repair and 25
replacement parts, and any materials incorporated into the construction, 26
renovation, or repair of the facilities. The exemption shall apply to incubation 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 81 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
systems, egg processing equipment, waterer and feeding systems, brooding 1
systems, ventilation systems, alarm systems, and curtain systems. In addition, 2
the exemption shall apply whether or not the seller is under contract to 3
deliver, assemble, and incorporate into real estate the equipment, machinery, 4
attachments, repair and replacement parts, and any materials incorporated into 5
the construction, renovation, or repair of the facilities; 6
(24) Embryos and semen that are used in the reproduction of livestock, if the products of 7
these embryos and semen ordinarily constitute food for human consumption, and if 8
the sale is made to a person engaged in the business of farming; 9
(25) Llamas and alpacas to be used as beasts of burden or in an agricultural pursuit for 10
the breeding and production of hides, breeding stock, fiber and wool products, 11
meat, and llama and alpaca by-products, and the following items used in this 12
pursuit: 13
(a) Feed and feed additives; 14
(b) Insecticides, fungicides, herbicides, rodenticides, and other farm chemicals; 15
and 16
(c) On-farm facilities, including equipment, machinery, attachments, repair and 17
replacement parts, and any materials incorporated into the construction, 18
renovation, or repair of the facilities. The exemption shall apply to waterer 19
and feeding systems, ventilation systems, and alarm systems. In addition, the 20
exemption shall apply whether or not the seller is under contract to deliver, 21
assemble, and incorporate into real estate the equipment, machinery, 22
attachments, repair and replacement parts, and any materials incorporated into 23
the construction, renovation, or repair of the facilities; 24
(26) Baling twine and baling wire for the baling of hay and straw; 25
(27) Water sold to a person regularly engaged in the business of farming and used in the: 26
(a) Production of crops; 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 82 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
(b) Production of milk for sale; or 1
(c) Raising and feeding of: 2
1. Livestock or poultry, the products of which ordinarily constitute food 3
for human consumption; or 4
2. Ratites, llamas, alpacas, buffalo, cervids or aquatic organisms; 5
(28) Buffalos to be used as beasts of burden or in an agricultural pursuit for the 6
production of hides, breeding stock, meat, and buffalo by-products, and the 7
following items used in this pursuit: 8
(a) Feed and feed additives; 9
(b) Insecticides, fungicides, herbicides, rodenticides, and other farm chemicals; 10
(c) On-farm facilities, including equipment, machinery, attachments, repair and 11
replacement parts, and any materials incorporated into the construction, 12
renovation, or repair of the facilities. The exemption shall apply to waterer 13
and feeding systems, ventilation systems, and alarm systems. In addition, the 14
exemption shall apply whether or not the seller is under contract to deliver, 15
assemble, and incorporate into real estate the equipment, machinery, 16
attachments, repair and replacement parts, and any materials incorporated into 17
the construction, renovation, or repair of the facilities; 18
(29) Aquatic organisms sold directly to or raised by a person regularly engaged in the 19
business of producing products of aquaculture, as defined in KRS 260.960, for sale, 20
and the following items used in this pursuit: 21
(a) Feed and feed additives; 22
(b) Water; 23
(c) Insecticides, fungicides, herbicides, rodenticides, and other farm chemicals; 24
and 25
(d) On-farm facilities, including equipment, machinery, attachments, repair and 26
replacement parts, and any materials incorporated into the construction, 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 83 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
renovation, or repair of the facilities and, any gasoline, special fuels, liquefied 1
petroleum gas, or natural gas used to operate the facilities. The exemption 2
shall apply, but not be limited to: waterer and feeding systems; ventilation, 3
aeration, and heating systems; processing and storage systems; production 4
systems such as ponds, tanks, and raceways; harvest and transport equipment 5
and systems; and alarm systems. In addition, the exemption shall apply 6
whether or not the seller is under contract to deliver, assemble, and 7
incorporate into real estate the equipment, machinery, attachments, repair and 8
replacement parts, and any materials incorporated into the construction, 9
renovation, or repair of the facilities; 10
(30) Members of the genus cervidae permitted by KRS Chapter 150 that are used for the 11
production of hides, breeding stock, meat, and cervid by-products, and the 12
following items used in this pursuit: 13
(a) Feed and feed additives; 14
(b) Insecticides, fungicides, herbicides, rodenticides, and other chemicals; and 15
(c) On-site facilities, including equipment, machinery, attachments, repair and 16
replacement parts, and any materials incorporated into the construction, 17
renovation, or repair of the facilities. In addition, the exemption shall apply 18
whether or not the seller is under contract to deliver, assemble, and 19
incorporate into real estate the equipment, machinery, attachments, repair and 20
replacement parts, and any materials incorporated into the construction, 21
renovation, or repair of the facilities; 22
(31) (a) Repair or replacement parts for the direct operation or maintenance of a motor 23
vehicle, including any towed unit, used exclusively in interstate commerce for 24
the conveyance of property or passengers for hire, provided the motor vehicle 25
is licensed for use on the highway and its declared gross vehicle weight with 26
any towed unit is forty-four thousand and one (44,001) pounds or greater. 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 84 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
Nominal intrastate use shall not subject the property to the taxes imposed by 1
this chapter; 2
(b) Repair or replacement parts for the direct operation and maintenance of a 3
motor vehicle operating under a charter bus certificate issued by the 4
Transportation Cabinet under KRS Chapter 281, or under similar authority 5
granted by the United States Department of Transportation; and 6
(c) For the purposes of this subsection, "repair or replacement parts" means tires, 7
brakes, engines, transmissions, drive trains, chassis, body parts, and their 8
components. "Repair or replacement parts" shall not include fuel, machine 9
oils, hydraulic fluid, brake fluid, grease, supplies, or accessories not essential 10
to the operation of the motor vehicle itself, except when sold as part of the 11
assembled unit, such as cigarette lighters, radios, lighting fixtures not 12
otherwise required by the manufacturer for operation of the vehicle, or tool or 13
utility boxes; 14
(32) Food donated by a retail food establishment or any other entity regulated under 15
KRS 217.127 to a nonprofit organization for distribution to the needy;[ and] 16
(33) Drugs and over-the counter drugs, as defined in KRS 139.472, that are purchased 17
by a person regularly engaged in the business of farming and used in the treatment 18
of cattle, sheep, goats, swine, poultry, ratite birds, llamas, alpacas, buffalo, aquatic 19
organisms, or cervids; and 20
(34) Medicinal cannabis as defined in Section 1 of this Act when sold, used, stored, or 21
consumed in accordance with Sections 1 to 30 of this Act. 22
Section 33. KRS 216B.402 is amended to read as follows: 23
(1) When a person is admitted to a hospital emergency department or hospital 24
emergency room for treatment of a drug overdose: 25
(a)[(1)] The person shall be informed of available substance use disorder 26
treatment services known to the hospital that are provided by that hospital, 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 85 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
other local hospitals, the local community mental health center, and any other 1
local treatment programs licensed pursuant to KRS 222.231; 2
(b)[(2)] The hospital may obtain permission from the person when stabilized, or 3
the person's legal representative, to contact any available substance use 4
disorder treatment programs offered by that hospital, other local hospitals, the 5
local community mental health center, or any other local treatment programs 6
licensed pursuant to KRS 222.231, on behalf of the person to connect him or 7
her to treatment; and 8
(c)[(3)] The local community mental health center may provide an on-call 9
service in the hospital emergency department or hospital emergency room for 10
the person who was treated for a drug overdose to provide information about 11
services and connect the person to substance use disorder treatment, as funds 12
are available. These services, when provided on the grounds of a hospital, 13
shall be coordinated with appropriate hospital staff. 14
(2) When a person, who is a registered qualified patient or a visiting qualified patient 15
as defined in Section 1 of this Act, is admitted to a hospital emergency department 16
or a hospital emergency room for treatment of cannabinoid hyperemesis 17
syndrome, the hospital shall notify the cabinet within forty-eight (48) hours. 18
Notification shall include the registered qualified patient's or a visiting qualified 19
patient's name and registry identification card number, if available. The cabinet 20
shall record all cases of cannabinoid hyperemesis syndrome in the electronic 21
monitoring system established pursuant to Section 38 of this Act. 22
Section 34. KRS 218A.010 is amended to read as follows: 23
As used in this chapter, unless the context otherwise requires: 24
(1) "Administer" means the direct application of a controlled substance, whether by 25
injection, inhalation, ingestion, or any other means, to the body of a patient or 26
research subject by: 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 86 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
(a) A practitioner or by his or her authorized agent under his or her immediate 1
supervision and pursuant to his or her order; or 2
(b) The patient or research subject at the direction and in the presence of the 3
practitioner; 4
(2) "Anabolic steroid" means any drug or hormonal substance chemically and 5
pharmacologically related to testosterone that promotes muscle growth and includes 6
those substances classified as Schedule III controlled substances pursuant to KRS 7
218A.020 but does not include estrogens, progestins, and anticosteroids; 8
(3) "Cabinet" means the Cabinet for Health and Family Services; 9
(4) "Carfentanil" means any substance containing any quantity of carfentanil, or any of 10
its salts, isomers, or salts of isomers; 11
(5) "Certified community based palliative care program" means a palliative care 12
program which has received certification from the Joint Commission; 13
(6) "Child" means any person under the age of majority as specified in KRS 2.015; 14
(7) "Cocaine" means a substance containing any quantity of cocaine, its salts, optical 15
and geometric isomers, and salts of isomers; 16
(8) "Controlled substance" means methamphetamine, or a drug, substance, or 17
immediate precursor in Schedules I through V and includes a controlled substance 18
analogue; 19
(9) (a) "Controlled substance analogue," except as provided in paragraph (b) of this 20
subsection, means a substance: 21
1. The chemical structure of which is substantially similar to the structure 22
of a controlled substance in Schedule I or II; and 23
2. Which has a stimulant, depressant, or hallucinogenic effect on the 24
central nervous system that is substantially similar to or greater than the 25
stimulant, depressant, or hallucinogenic effect on the central nervous 26
system of a controlled substance in Schedule I or II; or 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 87 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
3. With respect to a particular person, which such person represents or 1
intends to have a stimulant, depressant, or hallucinogenic effect on the 2
central nervous system that is substantially similar to or greater than the 3
stimulant, depressant, or hallucinogenic effect on the central nervous 4
system of a controlled substance in Schedule I or II. 5
(b) Such term does not include: 6
1. Any substance for which there is an approved new drug application; 7
2. With respect to a particular person, any substance if an exemption is in 8
effect for investigational use for that person pursuant to federal law to 9
the extent conduct with respect to such substance is pursuant to such 10
exemption; or 11
3. Any substance to the extent not intended for human consumption before 12
the exemption described in subparagraph 2. of this paragraph takes 13
effect with respect to that substance; 14
(10) "Counterfeit substance" means a controlled substance which, or the container or 15
labeling of which, without authorization, bears the trademark, trade name, or other 16
identifying mark, imprint, number, or device, or any likeness thereof, of a 17
manufacturer, distributor, or dispenser other than the person who in fact 18
manufactured, distributed, or dispensed the substance; 19
(11) "Dispense" means to deliver a controlled substance to an ultimate user or research 20
subject by or pursuant to the lawful order of a practitioner, including the packaging, 21
labeling, or compounding necessary to prepare the substance for that delivery; 22
(12) "Dispenser" means a person who lawfully dispenses a Schedule II, III, IV, or V 23
controlled substance to or for the use of an ultimate user; 24
(13) "Distribute" means to deliver other than by administering or dispensing a controlled 25
substance; 26
(14) "Dosage unit" means a single pill, capsule, ampule, liquid, or other form of 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 88 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
administration available as a single unit; 1
(15) "Drug" means: 2
(a) Substances recognized as drugs in the official United States Pharmacopoeia, 3
official Homeopathic Pharmacopoeia of the United States, or official National 4
Formulary, or any supplement to any of them; 5
(b) Substances intended for use in the diagnosis, care, mitigation, treatment, or 6
prevention of disease in man or animals; 7
(c) Substances (other than food) intended to affect the structure or any function of 8
the body of man or animals; and 9
(d) Substances intended for use as a component of any article specified in this 10
subsection. 11
It does not include devices or their components, parts, or accessories; 12
(16) "Fentanyl" means a substance containing any quantity of fentanyl, or any of its 13
salts, isomers, or salts of isomers; 14
(17) "Fentanyl derivative" means a substance containing any quantity of any chemical 15
compound, except compounds specifically scheduled as controlled substances by 16
statute or by administrative regulation pursuant to this chapter, which is structurally 17
derived from 1-ethyl-4-(N-phenylamido) piperadine: 18
(a) By substitution: 19
1. At the 2-position of the 1-ethyl group with a phenyl, furan, thiophene, or 20
ethyloxotetrazole ring system; and 21
2. Of the terminal amido hydrogen atom with an alkyl, alkoxy, cycloalkyl, 22
or furanyl group; and 23
(b) Which may be further modified in one (1) or more of the following ways: 24
1. By substitution on the N-phenyl ring to any extent with alkyl, alkoxy, 25
haloalkyl, hydroxyl, or halide substituents; 26
2. By substitution on the piperadine ring to any extent with alkyl, allyl, 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 89 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
alkoxy, hydroxy, or halide substituents at the 2-, 3-, 5-, and/or 6- 1
positions; 2
3. By substitution on the piperadine ring to any extent with a phenyl, 3
alkoxy, or carboxylate ester substituent at the 4- position; or 4
4. By substitution on the 1-ethyl group to any extent with alkyl, alkoxy, or 5
hydroxy substituents; 6
(18) "Good faith prior examination," as used in KRS Chapter 218A and for criminal 7
prosecution only, means an in-person medical examination of the patient conducted 8
by the prescribing practitioner or other health-care professional routinely relied 9
upon in the ordinary course of his or her practice, at which time the patient is 10
physically examined and a medical history of the patient is obtained. "In-person" 11
includes telehealth examinations. This subsection shall not be applicable to hospice 12
providers licensed pursuant to KRS Chapter 216B; 13
(19) "Hazardous chemical substance" includes any chemical substance used or intended 14
for use in the illegal manufacture of a controlled substance as defined in this section 15
or the illegal manufacture of methamphetamine as defined in KRS 218A.1431, 16
which: 17
(a) Poses an explosion hazard; 18
(b) Poses a fire hazard; or 19
(c) Is poisonous or injurious if handled, swallowed, or inhaled; 20
(20) "Heroin" means a substance containing any quantity of heroin, or any of its salts, 21
isomers, or salts of isomers; 22
(21) "Hydrocodone combination product" means a drug with: 23
(a) Not more than three hundred (300) milligrams of dihydrocodeinone, or any of 24
its salts, per one hundred (100) milliliters or not more than fifteen (15) 25
milligrams per dosage unit, with a fourfold or greater quantity of an 26
isoquinoline alkaloid of opium; or 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 90 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
(b) Not more than three hundred (300) milligrams of dihydrocodeinone, or any of 1
its salts, per one hundred (100) milliliters or not more than fifteen (15) 2
milligrams per dosage unit, with one (1) or more active, nonnarcotic 3
ingredients in recognized therapeutic amounts; 4
(22) "Immediate precursor" means a substance which is the principal compound 5
commonly used or produced primarily for use, and which is an immediate chemical 6
intermediary used or likely to be used in the manufacture of a controlled substance 7
or methamphetamine, the control of which is necessary to prevent, curtail, or limit 8
manufacture; 9
(23) "Industrial hemp" has the same meaning as in KRS 260.850; 10
(24) "Industrial hemp products" has the same meaning as in KRS 260.850; 11
(25) "Intent to manufacture" means any evidence which demonstrates a person's 12
conscious objective to manufacture a controlled substance or methamphetamine. 13
Such evidence includes but is not limited to statements and a chemical substance's 14
usage, quantity, manner of storage, or proximity to other chemical substances or 15
equipment used to manufacture a controlled substance or methamphetamine; 16
(26) "Isomer" means the optical isomer, except the Cabinet for Health and Family 17
Services may include the optical, positional, or geometric isomer to classify any 18
substance pursuant to KRS 218A.020; 19
(27) "Manufacture," except as provided in KRS 218A.1431, means the production, 20
preparation, propagation, compounding, conversion, or processing of a controlled 21
substance, either directly or indirectly by extraction from substances of natural 22
origin or independently by means of chemical synthesis, or by a combination of 23
extraction and chemical synthesis, and includes any packaging or repackaging of 24
the substance or labeling or relabeling of its container except that this term does not 25
include activities: 26
(a) By a practitioner as an incident to his or her administering or dispensing of a 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 91 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
controlled substance in the course of his or her professional practice; 1
(b) By a practitioner, or by his or her authorized agent under his supervision, for 2
the purpose of, or as an incident to, research, teaching, or chemical analysis 3
and not for sale; or 4
(c) By a pharmacist as an incident to his or her dispensing of a controlled 5
substance in the course of his or her professional practice; 6
(28) "Marijuana" means all parts of the plant Cannabis sp., whether growing or not; the 7
seeds thereof; the resin extracted from any part of the plant; and every compound, 8
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin 9
or any compound, mixture, or preparation which contains any quantity of these 10
substances. The term "marijuana" does not include: 11
(a) Industrial hemp that is in the possession, custody, or control of a person who 12
holds a license issued by the Department of Agriculture permitting that person 13
to cultivate, handle, or process industrial hemp; 14
(b) Industrial hemp products that do not include any living plants, viable seeds, 15
leaf materials, or floral materials; 16
(c) The substance cannabidiol, when transferred, dispensed, or administered 17
pursuant to the written order of a physician practicing at a hospital or 18
associated clinic affiliated with a Kentucky public university having a college 19
or school of medicine; 20
(d) For persons participating in a clinical trial or in an expanded access program, 21
a drug or substance approved for the use of those participants by the United 22
States Food and Drug Administration; 23
(e) A cannabidiol product derived from industrial hemp, as defined in KRS 24
260.850; 25
(f) For the purpose of conducting scientific research, a cannabinoid product 26
derived from industrial hemp, as defined in KRS 260.850;[ or] 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 92 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
(g) A cannabinoid product approved as a prescription medication by the United 1
States Food and Drug Administration; or 2
(h) Medicinal cannabis as defined in Section 1 of this Act; 3
(29) "Medical history," as used in KRS Chapter 218A and for criminal prosecution only, 4
means an accounting of a patient's medical background, including but not limited to 5
prior medical conditions, prescriptions, and family background; 6
(30) "Medical order," as used in KRS Chapter 218A and for criminal prosecution only, 7
means a lawful order of a specifically identified practitioner for a specifically 8
identified patient for the patient's health-care needs. "Medical order" may or may 9
not include a prescription drug order; 10
(31) "Medical record," as used in KRS Chapter 218A and for criminal prosecution only, 11
means a record, other than for financial or billing purposes, relating to a patient, 12
kept by a practitioner as a result of the practitioner-patient relationship; 13
(32) "Methamphetamine" means any substance that contains any quantity of 14
methamphetamine, or any of its salts, isomers, or salts of isomers; 15
(33) "Narcotic drug" means any of the following, whether produced directly or indirectly 16
by extraction from substances of vegetable origin, or independently by means of 17
chemical synthesis, or by a combination of extraction and chemical synthesis: 18
(a) Opium and opiate, and any salt, compound, derivative, or preparation of 19
opium or opiate; 20
(b) Any salt, compound, isomer, derivative, or preparation thereof which is 21
chemically equivalent or identical with any of the substances referred to in 22
paragraph (a) of this subsection, but not including the isoquinoline alkaloids 23
of opium; 24
(c) Opium poppy and poppy straw; 25
(d) Coca leaves, except coca leaves and extracts of coca leaves from which 26
cocaine, ecgonine, and derivatives of ecgonine or their salts have been 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 93 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
removed; 1
(e) Cocaine, its salts, optical and geometric isomers, and salts of isomers; 2
(f) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; and 3
(g) Any compound, mixture, or preparation which contains any quantity of any of 4
the substances referred to in paragraphs (a) to (f) of this subsection; 5
(34) "Opiate" means any substance having an addiction-forming or addiction-sustaining 6
liability similar to morphine or being capable of conversion into a drug having 7
addiction-forming or addiction-sustaining liability. It does not include, unless 8
specifically designated as controlled under KRS 218A.020, the dextrorotatory 9
isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does 10
include its racemic and levorotatory forms; 11
(35) "Opium poppy" means the plant of the species papaver somniferum L., except its 12
seeds; 13
(36) "Person" means individual, corporation, government or governmental subdivision 14
or agency, business trust, estate, trust, partnership or association, or any other legal 15
entity; 16
(37) "Physical injury" has the same meaning it has in KRS 500.080; 17
(38) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing; 18
(39) "Pharmacist" means a natural person licensed by this state to engage in the practice 19
of the profession of pharmacy; 20
(40) "Practitioner" means a physician, dentist, podiatrist, veterinarian, scientific 21
investigator, optometrist as authorized in KRS 320.240, advanced practice 22
registered nurse as authorized under KRS 314.011, physician assistant as authorized 23
under KRS 311.858, or other person licensed, registered, or otherwise permitted by 24
state or federal law to acquire, distribute, dispense, conduct research with respect to, 25
or to administer a controlled substance in the course of professional practice or 26
research in this state. "Practitioner" also includes a physician, dentist, podiatrist, 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 94 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
veterinarian, or advanced practice registered nurse authorized under KRS 314.011 1
who is a resident of and actively practicing in a state other than Kentucky and who 2
is licensed and has prescriptive authority for controlled substances under the 3
professional licensing laws of another state, unless the person's Kentucky license 4
has been revoked, suspended, restricted, or probated, in which case the terms of the 5
Kentucky license shall prevail; 6
(41) "Practitioner-patient relationship," as used in KRS Chapter 218A and for criminal 7
prosecution only, means a medical relationship that exists between a patient and a 8
practitioner or the practitioner's designee, after the practitioner or his or her 9
designee has conducted at least one (1) good faith prior examination; 10
(42) "Prescription" means a written, electronic, or oral order for a drug or medicine, or 11
combination or mixture of drugs or medicines, or proprietary preparation, signed or 12
given or authorized by a medical, dental, chiropody, veterinarian, optometric 13
practitioner, or advanced practice registered nurse, and intended for use in the 14
diagnosis, cure, mitigation, treatment, or prevention of disease in man or other 15
animals; 16
(43) "Prescription blank," with reference to a controlled substance, means a document 17
that meets the requirements of KRS 218A.204 and 217.216; 18
(44) "Presumptive probation" means a sentence of probation not to exceed the maximum 19
term specified for the offense, subject to conditions otherwise authorized by law, 20
that is presumed to be the appropriate sentence for certain offenses designated in 21
this chapter, notwithstanding contrary provisions of KRS Chapter 533. That 22
presumption shall only be overcome by a finding on the record by the sentencing 23
court of substantial and compelling reasons why the defendant cannot be safely and 24
effectively supervised in the community, is not amenable to community-based 25
treatment, or poses a significant risk to public safety; 26
(45) "Production" includes the manufacture, planting, cultivation, growing, or harvesting 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 95 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
of a controlled substance; 1
(46) "Recovery program" means an evidence-based, nonclinical service that assists 2
individuals and families working toward sustained recovery from substance use and 3
other criminal risk factors. This can be done through an array of support programs 4
and services that are delivered through residential and nonresidential means; 5
(47) "Salvia" means Salvia divinorum or Salvinorin A and includes all parts of the plant 6
presently classified botanically as Salvia divinorum, whether growing or not, the 7
seeds thereof, any extract from any part of that plant, and every compound, 8
manufacture, derivative, mixture, or preparation of that plant, its seeds, or its 9
extracts, including salts, isomers, and salts of isomers whenever the existence of 10
such salts, isomers, and salts of isomers is possible within the specific chemical 11
designation of that plant, its seeds, or extracts. The term shall not include any other 12
species in the genus salvia; 13
(48) "Second or subsequent offense" means that for the purposes of this chapter an 14
offense is considered as a second or subsequent offense, if, prior to his or her 15
conviction of the offense, the offender has at any time been convicted under this 16
chapter, or under any statute of the United States, or of any state relating to 17
substances classified as controlled substances or counterfeit substances, except that 18
a prior conviction for a nontrafficking offense shall be treated as a prior offense 19
only when the subsequent offense is a nontrafficking offense. For the purposes of 20
this section, a conviction voided under KRS 218A.275 or 218A.276 shall not 21
constitute a conviction under this chapter; 22
(49) "Sell" means to dispose of a controlled substance to another person for 23
consideration or in furtherance of commercial distribution; 24
(50) "Serious physical injury" has the same meaning it has in KRS 500.080; 25
(51) "Synthetic cannabinoids or piperazines" means any chemical compound which is 26
not approved by the United States Food and Drug Administration or, if approved, 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 96 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
which is not dispensed or possessed in accordance with state and federal law, that 1
contains Benzylpiperazine (BZP); Trifluoromethylphenylpiperazine (TFMPP); 1,1-2
Dimethylheptyl-11-hydroxytetrahydrocannabinol (HU-210); 1-Butyl-3-(1-3
naphthoyl)indole; 1-Pentyl-3-(1-naphthoyl)indole; dexanabinol (HU-211); or any 4
compound in the following structural classes: 5
(a) Naphthoylindoles: Any compound containing a 3-(1-naphthoyl)indole 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 naphthyl ring to any extent. Examples of this structural class include but 11
are not limited to JWH-015, JWH-018, JWH-019, JWH-073, JWH-081, JWH-12
122, JWH-200, and AM-2201; 13
(b) Phenylacetylindoles: Any compound containing a 3-phenylacetylindole 14
structure with substitution at the nitrogen atom of the indole ring by an alkyl, 15
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-16
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether or not further 17
substituted in the indole ring to any extent and whether or not substituted in 18
the phenyl ring to any extent. Examples of this structural class include but are 19
not limited to JWH-167, JWH-250, JWH-251, and RCS-8; 20
(c) Benzoylindoles: Any compound containing a 3-(benzoyl)indole structure with 21
substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 22
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1 -(N-methyl-2-23
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether or not further 24
substituted in the indole ring to any extent and whether or not substituted in 25
the phenyl ring to any extent. Examples of this structural class include but are 26
not limited to AM-630, AM-2233, AM-694, Pravadoline (WIN 48,098), and 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 97 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
RCS-4; 1
(d) Cyclohexylphenols: Any compound containing a 2 -(3-2
hydroxycyclohexyl)phenol structure with substitution at the 5-position of the 3
phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, 4
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl 5
group whether or not substituted in the cyclohexyl ring to any extent. 6
Examples of this structural class include but are not limited to CP 47,497 and 7
its C8 homologue (cannabicyclohexanol); 8
(e) Naphthylmethylindoles: Any compound containing a 1H-indol-3-yl-(1-9
naphthyl)methane structure with substitution at the nitrogen atom of the 10
indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 11
1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether 12
or not further substituted in the indole ring to any extent and whether or not 13
substituted in the naphthyl ring to any extent. Examples of this structural class 14
include but are not limited to JWH-175, JWH-184, and JWH-185; 15
(f) Naphthoylpyrroles: Any compound containing a 3-(1-naphthoyl)pyrrole 16
structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, 17
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-18
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether or not further 19
substituted in the pyrrole ring to any extent and whether or not substituted in 20
the naphthyl ring to any extent. Examples of this structural class include but 21
are not limited to JWH-030, JWH-145, JWH-146, JWH-307, and JWH-368; 22
(g) Naphthylmethylindenes: Any compound containing a 1 -(1-23
naphthylmethyl)indene structure with substitution at the 3-position of the 24
indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 25
1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether 26
or not further substituted in the indene ring to any extent and whether or not 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 98 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
substituted in the naphthyl ring to any extent. Examples of this structural class 1
include but are not limited to JWH-176; 2
(h) Tetramethylcyclopropanoylindoles: Any compound containing a 3-(1-3
tetramethylcyclopropoyl)indole structure with substitution at the nitrogen 4
atom of the indole ring by an alkyl, haloalkyl, cycloalkylmethyl, 5
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl 6
group, whether or not further substituted in the indole ring to any extent and 7
whether or not further substituted in the tetramethylcyclopropyl ring to any 8
extent. Examples of this structural class include but are not limited to UR-144 9
and XLR-11; 10
(i) Adamantoylindoles: Any compound containing a 3-(1-adamantoyl)indole 11
structure with substitution at the nitrogen atom of the indole ring by an alkyl, 12
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-13
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further 14
substituted in the indole ring to any extent and whether or not substituted in 15
the adamantyl ring system to any extent. Examples of this structural class 16
include but are not limited to AB-001 and AM-1248; or 17
(j) Any other synthetic cannabinoid or piperazine which is not approved by the 18
United States Food and Drug Administration or, if approved, which is not 19
dispensed or possessed in accordance with state and federal law; 20
(52) "Synthetic cathinones" means any chemical compound which is not approved by 21
the United States Food and Drug Administration or, if approved, which is not 22
dispensed or possessed in accordance with state and federal law (not including 23
bupropion or compounds listed under a different schedule) structurally derived from 24
2-aminopropan-1-one by substitution at the 1-position with either phenyl, naphthyl, 25
or thiophene ring systems, whether or not the compound is further modified in one 26
(1) or more of the following ways: 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 99 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
(a) By substitution in the ring system to any extent with alkyl, alkylenedioxy, 1
alkoxy, haloalkyl, hydroxyl, or halide substituents, whether or not further 2
substituted in the ring system by one (1) or more other univalent substituents. 3
Examples of this class include but are not limited to 3,4 -4
Methylenedioxycathinone (bk-MDA); 5
(b) By substitution at the 3-position with an acyclic alkyl substituent. Examples 6
of this class include but are not limited to 2-methylamino-1-phenylbutan-1-7
one (buphedrone); 8
(c) By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or 9
methoxybenzyl groups, or by inclusion of the 2-amino nitrogen atom in a 10
cyclic structure. Examples of this class include but are not limited to 11
Dimethylcathinone, Ethcathinone, and -Pyrrolidinopropiophenone (-PPP); 12
or 13
(d) Any other synthetic cathinone which is not approved by the United States 14
Food and Drug Administration or, if approved, is not dispensed or possessed 15
in accordance with state or federal law; 16
(53) "Synthetic drugs" means any synthetic cannabinoids or piperazines or any synthetic 17
cathinones; 18
(54) "Telehealth" has the same meaning it has in KRS 211.332[311.550]; 19
(55) "Tetrahydrocannabinols" means synthetic equivalents of the substances contained 20
in the plant, or in the resinous extractives of the plant Cannabis, sp. or synthetic 21
substances, derivatives, and their isomers with similar chemical structure and 22
pharmacological activity such as the following: 23
(a) Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers; 24
(b) Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; and 25
(c) Delta 3, 4 cis or trans tetrahydrocannabinol, and its optical isomers; 26
(56) "Traffic," except as provided in KRS 218A.1431, means to manufacture, distribute, 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 100 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
dispense, sell, transfer, or possess with intent to manufacture, distribute, dispense, 1
or sell a controlled substance; 2
(57) "Transfer" means to dispose of a controlled substance to another person without 3
consideration and not in furtherance of commercial distribution; and 4
(58) "Ultimate user" means a person who lawfully possesses a controlled substance for 5
his or her own use or for the use of a member of his or her household or for 6
administering to an animal owned by him or her or by a member of his or her 7
household. 8
Section 35. KRS 218A.1421 is amended to read as follows: 9
(1) A person is guilty of trafficking in marijuana when he or she knowingly and 10
unlawfully traffics in marijuana, and the trafficking is not in compliance with, or 11
otherwise authorized by, Sections 1 to 30 of this Act. 12
(2) Unless authorized by Sections 1 to 30 of this Act, trafficking in less than eight (8) 13
ounces of marijuana is: 14
(a) For a first offense a Class A misdemeanor. 15
(b) For a second or subsequent offense a Class D felony. 16
(3) Unless authorized by Sections 1 to 30 of this Act, trafficking in eight (8) or more 17
ounces but less than five (5) pounds of marijuana is: 18
(a) For a first offense a Class D felony. 19
(b) For a second or subsequent offense a Class C felony. 20
(4) Unless authorized by Sections 1 to 30 of this Act, trafficking in five (5) or more 21
pounds of marijuana is: 22
(a) For a first offense a Class C felony. 23
(b) For a second or subsequent offense a Class B felony. 24
(5) Unless authorized by Sections 1 to 30 of this Act, the unlawful possession by any 25
person of eight (8) or more ounces of marijuana shall be prima facie evidence that 26
the person possessed the marijuana with the intent to sell or transfer it. 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 101 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
(6) This section does not apply to: 1
(a) A cannabis business or a cannabis business agent, as defined in Section 1 2
of this Act, when acting in compliance with Sections 1 to 30 of this Act; or 3
(b) A cardholder, as defined in Section 1 of this Act, whose use of medicinal 4
cannabis is in compliance with Sections 1 to 30 of this Act. 5
Section 36. KRS 218A.1422 is amended to read as follows: 6
(1) A person is guilty of possession of marijuana when he or she knowingly and 7
unlawfully possesses marijuana, and the possession is not in compliance with, or 8
otherwise authorized by, Sections 1 to 30 of this Act. 9
(2) Possession of marijuana is a Class B misdemeanor, except that, KRS Chapter 532 10
to the contrary notwithstanding, the maximum term of incarceration shall be no 11
greater than forty-five (45) days. 12
(3) This section does not apply to: 13
(a) A cannabis business or a cannabis business agent, as defined in Section 1 14
of this Act, when acting in compliance with Sections 1 to 30 of this Act; or 15
(b) A cardholder, as defined in Section 1 of this Act, whose use of medicinal 16
cannabis is in compliance with Sections 1 to 30 of this Act. 17
Section 37. KRS 218A.1423 is amended to read as follows: 18
(1) A person is guilty of marijuana cultivation when he or she knowingly and 19
unlawfully plants, cultivates, or harvests marijuana with the intent to sell or transfer 20
it, and the cultivation is not in compliance with, or otherwise authorized by, 21
Sections 1 to 30 of this Act. 22
(2) Unless authorized by Sections 1 to 30 of this Act, marijuana cultivation of five (5) 23
or more plants of marijuana is: 24
(a) For a first offense a Class D felony. 25
(b) For a second or subsequent offense a Class C felony. 26
(3) Unless authorized by Sections 1 to 30 of this Act, marijuana cultivation of fewer 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 102 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
than five (5) plants is: 1
(a) For a first offense a Class A misdemeanor. 2
(b) For a second or subsequent offense a Class D felony. 3
(4) Unless authorized by Sections 1 to 30 of this Act, the planting, cultivating, or 4
harvesting of five (5) or more marijuana plants shall be prima facie evidence that 5
the marijuana plants were planted, cultivated, or harvested for the purpose of sale or 6
transfer. 7
(5) This section does not apply to a cannabis business or a cannabis business agent, 8
as defined in Section 1 of this Act, when acting in compliance with Sections 1 to 9
30 of this Act. 10
Section 38. KRS 218A.202 is amended to read as follows: 11
(1) As used in this section: 12
(a) "Cabinet" means the cabinet for Health and Family Services; 13
(b) "Cannabis business" has the same meaning as in Section 1 of this Act; 14
(c) "Controlled substance" means any Schedule II, III, IV, or V controlled 15
substance and does not include medicinal cannabis; 16
(d) "Dispensary" has the same meaning as in Section 1 of this Act; 17
(e) "Dispensary agent" has the same meaning as in Section 1 of this Act; 18
(f) "Disqualifying felony offense" has the same meaning as in Section 1 of this 19
Act; 20
(g) "Medicinal cannabis" has the same meaning as in Section 1 of this Act; 21
(h) "Medical cannabis practitioner" has the same meaning as in Section 1 of 22
this Act; 23
(i) "Registry identification card" has the same meaning as in Section 1 of this 24
Act; 25
(j) "State licensing board" has the same meaning as in Section 1 of this Act; 26
(k) "Use of medicinal cannabis" has the same meaning as in Section 1 of this 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 103 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
Act; and 1
(l) "Written certification" has the same meaning as in Section 1 of this Act. 2
(2) The cabinet[ for Health and Family Services] shall establish and maintain an 3
electronic system for monitoring Schedules II, III, IV, and V controlled substances 4
and medicinal cannabis. The cabinet may contract for the design, upgrade, or 5
operation of this system if the contract preserves all of the rights, privileges, and 6
protections guaranteed to Kentucky citizens under this chapter and the contract 7
requires that all other aspects of the system be operated in conformity with the 8
requirements of this or any other applicable state or federal law. 9
(3)[(2)] For the purpose of monitoring the prescribing and dispensing of Schedule 10
II, III, IV, or V controlled substances: 11
(a) A practitioner or a pharmacist authorized to prescribe or dispense controlled 12
substances to humans shall register with the cabinet to use the system 13
provided for in this section and shall maintain such registration continuously 14
during the practitioner's or pharmacist's term of licensure and shall not have to 15
pay a fee or tax specifically dedicated to the operation of the system;[.] 16
(b)[(3)] Every practitioner or pharmacy which dispenses a controlled substance 17
to a person in Kentucky, or to a person at an address in Kentucky, shall report 18
to the cabinet [for Health and Family Services ]the data required by this 19
section, which includes the reporting of any Schedule II controlled substance 20
dispensed at a facility licensed by the cabinet and a Schedule II through 21
Schedule V controlled substance regardless of dosage when dispensed by the 22
emergency department of a hospital to an emergency department patient. 23
Reporting shall not be required for: 24
1.[(a)] A drug administered directly to a patient in a hospital, a resident of 25
a health care facility licensed under KRS Chapter 216B, a resident of a 26
child-caring facility as defined by KRS 199.011, or an individual in a 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 104 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
jail, correctional facility, or juvenile detention facility; 1
2.[(b)] A Schedule III through Schedule V controlled substance dispensed 2
by a facility licensed by the cabinet provided that the quantity dispensed 3
is limited to an amount adequate to treat the patient for a maximum of 4
forty-eight (48) hours and is not dispensed by the emergency department 5
of a hospital; or 6
3.[(c)] A drug administered or dispensed to a research subject enrolled in 7
a research protocol approved by an institutional review board that has an 8
active federalwide assurance number from the United States Department 9
of Health and Human Services, Office for Human Research Protections, 10
where the research involves single, double, or triple blind drug 11
administration or is additionally covered by a certificate of 12
confidentiality from the National Institutes of Health;[.] 13
(c)[(4)] In addition to the data required by paragraph (d) of this subsection [(5) 14
of this section], a Kentucky-licensed acute care hospital or critical access 15
hospital shall report to the cabinet all positive toxicology screens that were 16
performed by the hospital's emergency department to evaluate the patient's 17
suspected drug overdose;[.] 18
(d)[(5)] Data for each controlled substance that is reported shall include but not 19
be limited to the following: 20
1.[(a)] Patient identifier; 21
2.[(b)] National drug code of the drug dispensed; 22
3.[(c)] Date of dispensing; 23
4.[(d)] Quantity dispensed; 24
5.[(e)] Prescriber; and 25
6.[(f)] Dispenser;[.] 26
(e)[(6)] The data shall be provided in the electronic format specified by the 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 105 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
cabinet[ for Health and Family Services] unless a waiver has been granted by 1
the cabinet to an individual dispenser. The cabinet shall establish acceptable 2
error tolerance rates for data. Dispensers shall ensure that reports fall within 3
these tolerances. Incomplete or inaccurate data shall be corrected upon 4
notification by the cabinet if the dispenser exceeds these error tolerance 5
rates;[.] 6
(f)[(7)] The cabinet[ for Health and Family Services] shall only disclose data to 7
persons and entities authorized to receive that data under this 8
subsection[section]. Disclosure to any other person or entity, including 9
disclosure in the context of a civil action where the disclosure is sought either 10
for the purpose of discovery or for evidence, is prohibited unless specifically 11
authorized by this section. The cabinet[ for Health and Family Services] shall 12
be authorized to provide data to: 13
1.[(a)] A designated representative of a board responsible for the 14
licensure, regulation, or discipline of practitioners, pharmacists, or other 15
person who is authorized to prescribe, administer, or dispense controlled 16
substances and who is involved in a bona fide specific investigation 17
involving a designated person; 18
2.[(b)] Employees of the Office of the Inspector General of the cabinet[ 19
for Health and Family Services] who have successfully completed 20
training for the electronic system and who have been approved to use 21
the system, federal prosecutors, Kentucky Commonwealth's attorneys 22
and assistant Commonwealth's attorneys, county attorneys and assistant 23
county attorneys, a peace officer certified pursuant to KRS 15.380 to 24
15.404, a certified or full-time peace officer of another state, or a federal 25
agent whose duty is to enforce the laws of this Commonwealth, of 26
another state, or of the United States relating to drugs and who is 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 106 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
engaged in a bona fide specific investigation involving a designated 1
person; 2
3.[(c)] A state-operated Medicaid program in conformity with paragraph 3
(g) of this subsection[ (8) of this section]; 4
4.[(d)] A properly convened grand jury pursuant to a subpoena properly 5
issued for the records; 6
5.[(e)] A practitioner or pharmacist, or employee of the practitioner's or 7
pharmacist's practice acting under the specific direction of the 8
practitioner or pharmacist, who certifies that the requested information 9
is for the purpose of: 10
a[1]. Providing medical or pharmaceutical treatment to a bona fide 11
current or prospective patient; 12
b[2]. Reviewing data on controlled substances that have been reported 13
for the birth mother of an infant who is currently being treated by 14
the practitioner for neonatal abstinence syndrome, or has 15
symptoms that suggest prenatal drug exposure; or 16
c[3]. Reviewing and assessing the individual prescribing or dispensing 17
patterns of the practitioner or pharmacist or to determine the 18
accuracy and completeness of information contained in the 19
monitoring system; 20
6.[(f)] The chief medical officer of a hospital or long-term-care facility, 21
an employee of the hospital or long-term-care facility as designated by 22
the chief medical officer and who is working under his or her specific 23
direction, or a physician designee if the hospital or facility has no chief 24
medical officer, if the officer, employee, or designee certifies that the 25
requested information is for the purpose of providing medical or 26
pharmaceutical treatment to a bona fide current or prospective patient or 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 107 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
resident in the hospital or facility; 1
7.[(g)] In addition to the purposes authorized under subparagraph 1. of 2
this paragraph[ (a) of this subsection], the Kentucky Board of Medical 3
Licensure, for any physician who is: 4
a[1]. Associated in a partnership or other business entity with a 5
physician who is already under investigation by the Board of 6
Medical Licensure for improper prescribing or dispensing 7
practices; 8
b[2]. In a designated geographic area for which a trend report indicates 9
a substantial likelihood that inappropriate prescribing or 10
dispensing may be occurring; or 11
c[3]. In a designated geographic area for which a report on another 12
physician in that area indicates a substantial likelihood that 13
inappropriate prescribing or dispensing may be occurring in that 14
area; 15
8.[(h)] In addition to the purposes authorized under subparagraph 1. of 16
this paragraph[ (a) of this subsection], the Kentucky Board of Nursing, 17
for any advanced practice registered nurse who is: 18
a[1]. Associated in a partnership or other business entity with a 19
physician who is already under investigation by the Kentucky 20
Board of Medical Licensure for improper prescribing or 21
dispensing practices; 22
b[2]. Associated in a partnership or other business entity with an 23
advanced practice registered nurse who is already under 24
investigation by the Board of Nursing for improper prescribing 25
practices; 26
c[3]. In a designated geographic area for which a trend report indicates 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 108 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
a substantial likelihood that inappropriate prescribing or 1
dispensing may be occurring; or 2
d[4]. In a designated geographic area for which a report on a physician 3
or another advanced practice registered nurse in that area indicates 4
a substantial likelihood that inappropriate prescribing or 5
dispensing may be occurring in that area; 6
9.[(i)] A judge or a probation or parole officer administering a diversion 7
or probation program of a criminal defendant arising out of a violation 8
of this chapter or of a criminal defendant who is documented by the 9
court as a substance abuser who is eligible to participate in a court-10
ordered drug diversion or probation program; or 11
10.[(j)] A medical examiner engaged in a death investigation pursuant to 12
KRS 72.026;[.] 13
(g)[(8)] The Department for Medicaid Services shall use any data or reports 14
from the system for the purpose of identifying Medicaid providers or 15
recipients whose prescribing, dispensing, or usage of controlled substances 16
may be: 17
1.[(a)] Appropriately managed by a single outpatient pharmacy or 18
primary care physician; or 19
2.[(b)] Indicative of improper, inappropriate, or illegal prescribing or 20
dispensing practices by a practitioner or drug seeking by a Medicaid 21
recipient;[.] 22
(h)[(9)] A person who receives data or any report of the system from the cabinet 23
shall not provide it to any other person or entity except as provided in this 24
subsection[section], in another statute, or by order of a court of competent 25
jurisdiction and only to a person or entity authorized to receive the data or the 26
report under this section, except that: 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 109 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
1.[(a)] A person specified in paragraph (f)2. of this subsection[ (7)(b) of 1
this section] who is authorized to receive data or a report may share that 2
information with any other persons specified in paragraph (f)2. of this 3
subsection[ (7)(b) of this section] authorized to receive data or a report if 4
the persons specified in paragraph (f)2. of this subsection[ (7)(b) of this 5
section] are working on a bona fide specific investigation involving a 6
designated person. Both the person providing and the person receiving 7
the data or report under this subparagraph[paragraph] shall document in 8
writing each person to whom the data or report has been given or 9
received and the day, month, and year that the data or report has been 10
given or received. This document shall be maintained in a file by each 11
agency engaged in the investigation; 12
2.[(b)] A representative of the Department for Medicaid Services may 13
share data or reports regarding overutilization by Medicaid recipients 14
with a board designated in paragraph (f)1. of this subsection [(7)(a) of 15
this section], or with a law enforcement officer designated in paragraph 16
(f)2. of this subsection[ (7)(b) of this section]; 17
3.[(c)] The Department for Medicaid Services may submit the data as 18
evidence in an administrative hearing held in accordance with KRS 19
Chapter 13B; 20
4.[(d)] If a state licensing board as defined in KRS 218A.205 initiates 21
formal disciplinary proceedings against a licensee, and data obtained by 22
the board is relevant to the charges, the board may provide the data to 23
the licensee and his or her counsel, as part of the notice process required 24
by KRS 13B.050, and admit the data as evidence in an administrative 25
hearing conducted pursuant to KRS Chapter 13B, with the board and 26
licensee taking all necessary steps to prevent further disclosure of the 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 110 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
data; and 1
5.[(e)] A practitioner, pharmacist, or employee who obtains data under 2
paragraph (f)5. of this subsection [(7)(e) of this section ]may share the 3
report with the patient or person authorized to act on the patient's behalf. 4
Any practitioner, pharmacist, or employee who obtains data under 5
paragraph (f)5. of this subsection[ (7)(e) of this section] may place the 6
report in the patient's medical record, in which case the individual report 7
shall then be deemed a medical record subject to disclosure on the same 8
terms and conditions as an ordinary medical record in lieu of the 9
disclosure restrictions otherwise imposed by this section;[.] 10
(i)[(10)] The cabinet[ for Health and Family Services], all peace officers 11
specified in paragraph (f)2. of this subsection[ (7)(b) of this section], all 12
officers of the court, and all regulatory agencies and officers, in using the data 13
for investigative or prosecution purposes, shall consider the nature of the 14
prescriber's and dispenser's practice and the condition for which the patient is 15
being treated;[.] 16
(j)[(11) The data and any report obtained therefrom shall not be a public record, 17
except that the Department for Medicaid Services may submit the data as 18
evidence in an administrative hearing held in accordance with KRS Chapter 19
13B. 20
(12)] Intentional failure to comply with the reporting requirements of this 21
subsection[section] shall be a Class B misdemeanor for the first offense and a 22
Class A misdemeanor for each subsequent offense; and[.] 23
(k) If the cabinet becomes aware of a prescriber's or dispenser's failure to 24
comply with this section, the cabinet shall notify the licensing board or 25
agency responsible for licensing the prescriber or dispenser. The licensing 26
board shall treat the notification as a complaint against the license. 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 111 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
(4) For the purpose of monitoring the cultivation, processing, production, 1
recommending, and dispensing of medical cannabis: 2
(a) Every medicinal cannabis practitioner who is authorized, pursuant to 3
Section 9 of this Act, to provide written certifications for the use of 4
medicinal cannabis and every cannabis business licensed under Sections 5
15, 16, and 17 of this Act shall register with the cabinet to use the system 6
provided for in this section and shall maintain such registration 7
continuously during the medicinal practitioner's authorization to provide 8
written certifications or a cannabis business's term of licensure and shall 9
not have to pay a fee or tax specifically dedicated to the operation of the 10
system; 11
(b) No later than July 1, 2024, the cabinet shall ensure that the system provided 12
for in this section allows: 13
1. Medicinal cannabis practitioners to record the issuance of written 14
certifications to a patient as required by Section 9 of this Act; 15
2. The cabinet, law enforcement personnel, and dispensary agents to 16
verify the validity of registry identification cards issued by the cabinet. 17
When verifying the validity of an identification card, the system shall 18
only disclose whether the identification card is valid and whether the 19
cardholder is a registered qualified patient, visiting qualified patient, 20
or designated caregiver; 21
3. Dispensary agents to record the amount of medicinal cannabis that is 22
dispensed to a cardholder during each transaction, as required by 23
Section 21 of this Act; 24
4. Law enforcement personnel and dispensary agents to access medicinal 25
cannabis sales data recorded by dispensary agents pursuant to Section 26
21 of this Act; 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 112 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
5. The sharing of dispensing data recorded by dispensary agents, 1
pursuant to Section 21 of this Act, with all licensed dispensaries in 2
real time; 3
6. Licensed cannabis businesses to record data required by 4
administrative regulations promulgated pursuant to with Section 27 of 5
this Act to facilitate the tracking of medicinal cannabis from the point 6
of cultivation to the point of sale to cardholders; and 7
7. The cabinet to track all medicinal cannabis in the state from the point 8
of cultivation to the point of sale to a cardholder; 9
(c) The cabinet shall only disclose data related to the cultivation, production, 10
recommending, and dispensing of medical cannabis to persons and entities 11
authorized to receive that data under this subsection. Disclosure to any 12
other person or entity, including disclosure in the context of a civil action 13
where the disclosure is sought either for the purpose of discovery or for 14
evidence, is prohibited unless specifically authorized by this subsection. The 15
cabinet shall be authorized to provide data to: 16
1. Any person or entity authorized to receive data pursuant to paragraph 17
(b) of this subsection; 18
2. A designated representative of a state licensing board responsible for 19
the licensure, regulation, or discipline of medicinal cannabis 20
practitioners and who is involved in a bona fide specific investigation 21
involving a designated person; 22
3. Employees of the Office of the Inspector General of the cabinet who 23
have successfully completed training for the electronic system and 24
who have been approved to use the system, Kentucky Commonwealth's 25
attorneys and assistant Commonwealth's attorneys, and county 26
attorneys and assistant county attorneys who are engaged in a bona 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 113 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
fide specific investigation involving a designated person; 1
4. A properly convened grand jury pursuant to a subpoena properly 2
issued for the records; 3
5. A medicinal cannabis practitioner or an employee of a medicinal 4
cannabis practitioner's practice acting under the specific direction of 5
the medicinal cannabis practitioner, who certifies that the request for 6
information is for the purpose of complying with subsection (4)(c) of 7
Section 9 of this Act; 8
6. The chief medical officer of a hospital or long-term-care facility, an 9
employee of the hospital or long-term-care facility as designated by the 10
chief medical officer and who is working under his or her specific 11
direction, or a physician designee if the hospital or facility has no 12
chief medical officer, if the officer, employee, or designee certifies that 13
the requested information is for the purpose of providing medical or 14
pharmaceutical treatment to a bona fide current or prospective patient 15
or resident in the hospital or facility; 16
7. In addition to the purposes authorized under subparagraph 2. of this 17
paragraph, the Kentucky Board of Medical Licensure, for any 18
physician who is: 19
a. Associated in a partnership, other business entity, or supervision 20
agreement established pursuant to KRS 311.854 with a physician 21
who is already under investigation by the Board of Medical 22
Licensure for improper issuance of written certifications; 23
b. Associated in a partnership or other business entity with an 24
advanced practice registered nurse who is already under 25
investigation by the Board of Nursing for improper issuance of 26
written certifications; 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 114 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
c. In a designated geographic area for which a trend report 1
indicates a substantial likelihood that inappropriate issuance of 2
written certifications may be occurring; or 3
d. In a designated geographic area for which a report on another 4
physician in that area indicates a substantial likelihood that 5
inappropriate issuance of written certifications may be occurring 6
in that area; 7
8. In addition to the purposes authorized under subparagraph 2. of this 8
paragraph, the Kentucky Board of Nursing, for any advanced practice 9
registered nurse who is: 10
a. Associated in a partnership or other business entity with a 11
physician who is already under investigation by the Kentucky 12
Board of Medical Licensure for improper issuance of written 13
certifications; 14
b. Associated in a partnership or other business entity with an 15
advanced practice registered nurse who is already under 16
investigation by the Board of Nursing for improper issuance of 17
written certifications; 18
c. In a designated geographic area for which a trend report 19
indicates a substantial likelihood that inappropriate issuance of 20
written certifications may be occurring; or 21
d. In a designated geographic area for which a report on another 22
advanced practice registered nurse in that area indicates a 23
substantial likelihood that inappropriate issuance of written 24
certifications may be occurring in that area; 25
9. A judge or a probation or parole officer administering a diversion or 26
probation program of a criminal defendant arising out of a violation 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 115 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
of this chapter or of a criminal defendant who is documented by the 1
court as a substance abuser who is eligible to participate in a court-2
ordered drug diversion or probation program; 3
10. A medical examiner engaged in a death investigation pursuant to KRS 4
72.026; or 5
11. The Legislative Research Commission, the University of Kentucky 6
College of Medicine, or the Kentucky Center for Cannabis established 7
in KRS 164.983 if the cabinet determines that disclosing data related 8
to the cultivation, production, recommending, and dispensing of 9
medical cannabis to the Legislative Research Commission, the 10
University of Kentucky College of Medicine, or the Kentucky Center 11
for Cannabis is necessary to comply with the reporting requirements 12
established in subsection (8) of Section 3 of this Act; and 13
(d) A person who receives data or any report of the system from the cabinet 14
shall not provide it to any other person or entity except as provided in this 15
section, in another statute, or by order of a court of competent jurisdiction 16
and only to a person or entity authorized to receive the data or the report 17
under this section, except that: 18
1. A person specified in paragraph (c)3. of this subsection who is 19
authorized to receive data or a report may share that information with 20
any other persons specified in paragraph (c)3. of this subsection 21
authorized to receive data or a report if the persons specified in 22
paragraph (c)3. of this subsection are working on a bona fide specific 23
investigation involving a designated person. Both the person providing 24
and the person receiving the data or report under this subparagraph 25
shall document in writing each person to whom the data or report has 26
been given or received and the day, month, and year that the data or 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 116 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
report has been given or received. This document shall be maintained 1
in a file by each agency engaged in the investigation; 2
2. If a state licensing board initiates formal disciplinary proceedings 3
against a licensee, and data obtained by the board is relevant to the 4
charges, the board may provide the data to the licensee and his or her 5
counsel, as part of the notice process required by KRS 13B.050, and 6
admit the data as evidence in an administrative hearing conducted 7
pursuant to KRS Chapter 13B, with the board and licensee taking all 8
necessary steps to prevent further disclosure of the data; and 9
3. A medicinal cannabis practitioner or an employee of a medicinal 10
cannabis practitioner's practice acting under the specific direction of 11
the medicinal cannabis practitioner who obtains data under 12
paragraph (c)5. of this subsection may share the report with the 13
patient or person authorized to act on the patient's behalf. Any 14
medicinal cannabis practitioner or employee who obtains data under 15
paragraph (c)5. of this subsection may place the report in the patient's 16
medical record, in which case the individual report shall then be 17
deemed a medical record subject to disclosure on the same terms and 18
conditions as an ordinary medical record in lieu of the disclosure 19
restrictions otherwise imposed by this section. 20
(5) The data contained in, and any report obtained from, the electronic system for 21
monitoring established pursuant to this section shall not be a public record, 22
except that the Department for Medicaid Services may submit the data as 23
evidence in an administrative hearing held in accordance with KRS Chapter 13B. 24
(6)[(13)] Intentional disclosure of transmitted data to a person not authorized by 25
subsection (3)(f) to (h) or subsection (4)(c) and (d)[subsections (7) to (9)] of this 26
section or authorized by KRS 315.121, or obtaining information under this section 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 117 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
not relating to a bona fide current or prospective patient or a bona fide specific 1
investigation, shall be a Class B misdemeanor for the first offense and a Class A 2
misdemeanor for each subsequent offense. 3
(7)[(14)] The cabinet[ for Health and Family Services] may, by promulgating an 4
administrative regulation, limit the length of time that data remain in the electronic 5
system. Any data removed from the system shall be archived and subject to 6
retrieval within a reasonable time after a request from a person authorized to review 7
data under this section. 8
(8)[(15)] (a) The Cabinet for Health and Family Services shall work with each board 9
responsible for the licensure, regulation, or discipline of practitioners, 10
pharmacists, or other persons who are authorized to prescribe, administer, or 11
dispense controlled substances for the development of a continuing education 12
program about the purposes and uses of the electronic system for monitoring 13
established in this section. 14
(b) The cabinet shall work with each board responsible for the licensure, 15
regulation, or discipline of medicinal cannabis practitioners for the 16
development of a continuing education program about the purposes and 17
uses of the electronic system for monitoring established in this section. 18
(c) The cabinet shall work with the Kentucky Bar Association for the 19
development of a continuing education program for attorneys about the 20
purposes and uses of the electronic system for monitoring established in this 21
section. 22
(d)[(c)] The cabinet shall work with the Justice and Public Safety Cabinet for the 23
development of a continuing education program for law enforcement officers 24
about the purposes and uses of the electronic system for monitoring 25
established in this section. 26
(e) The cabinet shall develop a training program for cannabis business agents 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 118 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
about the purposes and uses of the electronic system for monitoring 1
established in this section. 2
[(16) If the cabinet becomes aware of a prescriber's or dispenser's failure to comply with 3
this section, the cabinet shall notify the licensing board or agency responsible for 4
licensing the prescriber or dispenser. The licensing board shall treat the notification 5
as a complaint against the licensee.] 6
(9)[(17)] The cabinet [for Health and Family Services], Office of Inspector General, 7
shall conduct quarterly reviews to identify patterns of potential improper, 8
inappropriate, or illegal prescribing or dispensing of a controlled substance, 9
issuance of written certifications, or cultivation, processing, or dispensing of 10
medicinal cannabis. The Office of Inspector General may independently 11
investigate and submit findings and recommendations to the appropriate boards of 12
licensure or other reporting agencies. 13
(10)[(18)] The cabinet shall promulgate administrative regulations to implement the 14
provisions of this section. Included in these administrative regulations shall be: 15
(a) An error resolution process allowing a patient to whom a report had been 16
disclosed under subsections (3) and (4)[subsection (9)] of this section to 17
request the correction of inaccurate information contained in the system 18
relating to that patient; and 19
(b) A requirement that data be reported to the system under subsection (3)(b) of 20
this section within one (1) day of dispensing. 21
(11)[(19)] (a) Before July 1, 2018, the Administrative Office of the Courts shall 22
forward data regarding any felony or Class A misdemeanor conviction that 23
involves the trafficking or possession of a controlled substance or other 24
prohibited acts under KRS Chapter 218A for the previous five (5) calendar 25
years to the cabinet for inclusion in the electronic monitoring system 26
established under this section. On or after July 1, 2018, such data shall be 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 119 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
forwarded by the Administrative Office of the Courts to the cabinet on a 1
continuing basis. The cabinet shall incorporate the data received into the 2
system so that a query by patient name indicates any prior drug conviction. 3
(b) Before July 1, 2024, the Administrative Office of the Courts shall forward 4
date regarding any disqualifying felony offense for the previous five (5) 5
calendar years to the cabinet for inclusion in the electronic monitoring 6
system established under this section. On or after July 1, 2024, such data 7
shall be forwarded by the Administrative Office of the Courts to the cabinet 8
on a continuing basis. The cabinet shall incorporate the data received in to 9
the system so that a query by patient name indicates any prior disqualifying 10
felony conviction. 11
Section 39. KRS 218A.500 is amended to read as follows: 12
As used in this section and KRS 218A.510: 13
(1) "Drug paraphernalia" means all equipment, products and materials of any kind 14
which are used, intended for use, or designed for use in planting, propagating, 15
cultivating, growing, harvesting, manufacturing, compounding, converting, 16
producing, processing, preparing, testing, analyzing, packaging, repackaging, 17
storing, containing, concealing, injecting, ingesting, inhaling, or otherwise 18
introducing into the human body a controlled substance in violation of this chapter. 19
The term "drug paraphernalia" does not include medicinal cannabis accessories 20
as defined in Section 1 of this Act. It includes but is not limited to: 21
(a) Kits used, intended for use, or designed for use in planting, propagating, 22
cultivating, growing, or harvesting of any species of plant which is a 23
controlled substance or from which a controlled substance can be derived; 24
(b) Kits used, intended for use, or designed for use in manufacturing, 25
compounding, converting, producing, processing, or preparing controlled 26
substances; 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 120 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
(c) Isomerization devices used, intended for use, or designed for use in increasing 1
the potency of any species of plant which is a controlled substance; 2
(d) Testing equipment used, intended for use, or designed for use in identifying, 3
or in analyzing the strength, effectiveness or purity of controlled substances; 4
(e) Scales and balances used, intended for use, or designed for use in weighing or 5
measuring controlled substances; 6
(f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, 7
dextrose and lactose, used, intended for use, or designed for use in cutting 8
controlled substances; 9
(g) Separation gins and sifters used, intended for use, or designed for use in 10
removing twigs and seeds from, or in otherwise cleaning or refining 11
marijuana; 12
(h) Blenders, bowls, containers, spoons, and mixing devices used, intended for 13
use, or designed for use in compounding controlled substances; 14
(i) Capsules, balloons, envelopes, and other containers used, intended for use, or 15
designed for use in packaging small quantities of controlled substances; 16
(j) Containers and other objects used, intended for use, or designed for use in 17
storing or concealing controlled substances; 18
(k) Hypodermic syringes, needles, and other objects used, intended for use, or 19
designed for use in parenterally injecting controlled substances into the human 20
body; and 21
(l) Objects used, intended for use, or designed for use in ingesting, inhaling, or 22
otherwise introducing marijuana, cocaine, hashish, or hashish oil into the 23
human body, such as: metal, wooden, acrylic, glass, stone, plastic, or ceramic 24
pipes with or without screens, permanent screens, hashish heads, or punctured 25
metal bowls; water pipes; carburetion tubes and devices; smoking and 26
carburetion masks; roach clips which mean objects used to hold burning 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 121 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
material, such as marijuana cigarettes, that have become too small or too short 1
to be held in the hand; miniature cocaine spoons, and cocaine vials; chamber 2
pipes; carburetor pipes; electric pipes; air-driven pipes; chillums; bongs; ice 3
pipes or chillers. 4
(2) It is unlawful for any person to use, or to possess with intent to use, drug 5
paraphernalia for the purpose of planting, propagating, cultivating, growing, 6
harvesting, manufacturing, compounding, converting, producing, processing, 7
preparing, testing, analyzing, packing, repacking, storing, containing, concealing, 8
injecting, ingesting, inhaling, or otherwise introducing into the human body a 9
controlled substance in violation of this chapter. 10
(3) It is unlawful for any person to deliver, possess with intent to deliver, or 11
manufacture with intent to deliver, drug paraphernalia, knowing, or under 12
circumstances where one reasonably should know, that it will be used to plant, 13
propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, 14
process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, 15
inhale, or otherwise introduce into the human body a controlled substance in 16
violation of this chapter. 17
(4) It is unlawful for any person to place in any newspaper, magazine, handbill, or 18
other publication any advertisement, knowing, or under circumstances where one 19
reasonably should know, that the purpose of the advertisement, in whole or in part, 20
is to promote the sale of objects designed or intended for use as drug paraphernalia. 21
(5) (a) This section shall not prohibit a local health department from operating a 22
substance abuse treatment outreach program which allows participants to 23
exchange hypodermic needles and syringes. 24
(b) To operate a substance abuse treatment outreach program under this 25
subsection, the local health department shall have the consent, which may be 26
revoked at any time, of the local board of health and: 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 122 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
1. The legislative body of the first or home rule class city in which the 1
program would operate if located in such a city; and 2
2. The legislative body of the county, urban-county government, or 3
consolidated local government in which the program would operate. 4
(c) Items exchanged at the program shall not be deemed drug paraphernalia under 5
this section while located at the program. 6
(6) (a) Prior to searching a person, a person's premises, or a person's vehicle, a peace 7
officer may inquire as to the presence of needles or other sharp objects in the 8
areas to be searched that may cut or puncture the officer and offer to not 9
charge a person with possession of drug paraphernalia if the person declares 10
to the officer the presence of the needle or other sharp object. If, in response 11
to the offer, the person admits to the presence of the needle or other sharp 12
object prior to the search, the person shall not be charged with or prosecuted 13
for possession of drug paraphernalia for the needle or sharp object or for 14
possession of a controlled substance for residual or trace drug amounts 15
present on the needle or sharp object. 16
(b) The exemption under this subsection shall not apply to any other drug 17
paraphernalia that may be present and found during the search or to controlled 18
substances present in other than residual or trace amounts. 19
(7) (a) This section shall not prohibit the retail sale of hypodermic syringes and 20
needles without a prescription in pharmacies. 21
(b) Hypodermic syringe and needle inventory of a pharmacy shall not be deemed 22
drug paraphernalia under this section. 23
(8) Any person who violates any provision of this section shall be guilty of a Class A 24
misdemeanor. 25
Section 40. KRS 260.850 is amended to read as follows: 26
As used in KRS 260.850 to 260.869: 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 123 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
(1) "Commissioner" means the Commissioner of the Kentucky Department of 1
Agriculture; 2
(2) "Cultivating" means planting, growing, and harvesting a plant or crop; 3
(3) "Department" means the Kentucky Department of Agriculture; 4
(4) "Handling" means possessing or storing hemp for any period of time on premises 5
owned, operated, or controlled by a person licensed to cultivate or process hemp. 6
"Handling" also includes possessing or storing hemp in a vehicle for any period of 7
time other than during its actual transport from the premises of a licensed person to 8
cultivate or process hemp to the premises of another licensed person; 9
(5) "Hemp" or "industrial hemp": 10
(a) Means the plant Cannabis sativa L. and any part of that plant, including the 11
seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, 12
and salts of isomers, whether growing or not, with a de lta-9 13
tetrahydrocannabinol concentration of not more than three-tenths of one 14
percent (0.3%) on a dry weight basis; and 15
(b) Does not include medicinal cannabis as defined in Section 1 of this Act; 16
(6) "Hemp products" or "industrial hemp products": 17
(a) Means products derived from, or made by, processing hemp plants or plant 18
parts; and 19
(b) Does not include medicinal cannabis products as defined in Section 1 of 20
this Act; 21
(7) "Licensee" means an individual or business entity possessing a license issued by the 22
department under the authority of this chapter to grow, handle, cultivate, process, or 23
market hemp or hemp products; 24
(8) "Marketing" means promoting or selling a product within the Commonwealth, in 25
another state, or outside of the United States. "Marketing" includes efforts to 26
advertise and gather information about the needs or preferences of potential 27 UNOFFICIAL COPY 23 RS SB 47/GA
Page 124 of 124
SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
consumers or suppliers; 1
(9) "Processing" means converting an agricultural commodity into a marketable form; 2
and 3
(10) "University" means an accredited institution of higher education located in the 4
Commonwealth. 5
Section 41. KRS 342.815 is amended to read as follows: 6
(1) The authority may provide coverage for insurance, authorized in KRS 342.803, to 7
any employer in the Commonwealth, and who tenders the required premium for 8
coverage and comply with other conditions and qualifications for obtaining and 9
maintaining coverage adopted by the authority to protect and ensure its actuarial 10
soundness and solvency. 11
(2) The authority shall provide coverage to any employer who is unable to secure 12
coverage in the voluntary market unless: 13
(a) The employer owes undisputed premiums to a previous workers' 14
compensation carrier or to a workers' compensation residual market 15
mechanism; or 16
(b) Providing coverage to the employer would subject the authority or its 17
employees to a violation of federal or state law. 18
Section 42. Section 2, Sections 4 to 8, Section 10, Sections 12 to 14, Sections 19
17 to 24, Section 30, Section 32, and Sections 35 to 37 of this Act take effect January 1, 20
2025. 21