Kentucky Senate Bill SB382 Latest Draft

                            UNOFFICIAL COPY  	24 RS BR 1404 
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AN ACT relating to the regulation of cannabis and making an appropriation 1 
therefor. 2 
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3 
SECTION 1. KRS CHAPTER 245 IS ESTABLISHED AND A NEW 4 
SECTION THEREOF IS CREATED TO READ AS FOLLOWS: 5 
As used in this chapter, unless the context requires otherwise: 6 
(1) "Adult use cannabis" or "cannabis": 7 
(a) Means marijuana as defined in Section 26 of this Act when cultivated, 8 
harvested, processed, produced, transported, dispensed, distributed, sold, 9 
possessed, or used in accordance with this chapter; 10 
(b) Includes adult use cannabis products and raw plant material; and 11 
(c) Does not include: 12 
1. Industrial hemp or industrial hemp products as defined in Section 34 13 
of this Act; and 14 
2. Medicinal cannabis as defined in KRS 218B.010; 15 
(2) "Board" means the Adult Use Cannabis Control Board created in Section 3 of 16 
this Act; 17 
(3) "Cannabis accessory" means any item used for ingestion, inhalation, or storage 18 
of cannabis as authorized by this chapter; 19 
(4) "Cannabis product" means cannabis, concentrated cannabis, and any cannabis-20 
infused product that may contain other ingredients and is intended for use or 21 
consumption as authorized by this chapter; 22 
(5) "Council" means the Social Impact Council established in Section 16 of this Act; 23 
(6) "Department" means the Department of Cannabis Control established in Section 24 
6 of this Act;  25 
(7) "License" means any license issued under this chapter;  26 
(8) "Licensee" means any holder of a license issued by the department under this 27  UNOFFICIAL COPY  	24 RS BR 1404 
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chapter; 1 
(9) "Premises" means the land, buildings, and vehicles in which any business 2 
regulated by this chapter is operated or performed; and 3 
(10) "THC" means Delta-9 tetrahydrocannabinol, Delta-8 tetrahydrocannabinol, 4 
Delta-10 tetrahydrocannabinol, and the optical isomer of these substances. 5 
SECTION 2.   A NEW SECTION OF KRS CHAPTER 245 IS CREATED TO 6 
READ AS FOLLOWS: 7 
The Kentucky General Assembly finds and declares that it is in the best interest of the 8 
Commonwealth to legalize and regulate the possession, cultivation, production, 9 
processing, packaging, transportation, testing, marketing, sale, and use of adult use 10 
cannabis. 11 
SECTION 3.   A NEW SECTION OF KRS CHAPTER 245 IS CREATED TO 12 
READ AS FOLLOWS: 13 
(1) The Adult Use Cannabis Control Board is created as an independent agency of 14 
state government within the Public Protection Cabinet. The board is responsible 15 
for the oversight and regulation of the possession, cultivation, production, 16 
processing, packaging, transporting, marketing, testing, sale, and use of cannabis 17 
products for adult use and shall contain the following advisory committees: 18 
(a) The Adult Cannabis Usage Advisory Committee; 19 
(b) The Cannabis Cultivation Advisory Committee; and 20 
(c) The Social and Economic Equity Advisory Committee. 21 
(2) The Adult Use Cannabis Control Board shall be attached to the Public Protection 22 
Cabinet for administrative purposes and shall be served administratively by the 23 
Department of Cannabis Control, established within the Public Protection 24 
Cabinet in Section 6 of this Act. 25 
(3) The board shall consist of seven (7) voting members, with at least one (1) member 26 
representing each of the seven (7) Kentucky Supreme Court districts. All board 27  UNOFFICIAL COPY  	24 RS BR 1404 
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members shall be appointed by the Governor, confirmed by the Senate, hold at a 1 
minimum a baccalaureate degree in business or a related field of study, and 2 
possess a minimum of seven (7) years of demonstrated experience or expertise in 3 
the direct management, supervision, or control of business or legal affairs. 4 
(4) (a) The members of the board shall be paid a salary fixed under KRS 64.640 5 
and shall receive the same benefits and reimbursement of expenses as other 6 
employees of the Commonwealth. 7 
(b) A majority of the board members shall elect a chairperson from among the 8 
board's membership for a one (1) year term. A member may serve multiple 9 
terms as chairperson for as long as that person remains eligible to serve as 10 
a member and is reelected by the members of the board. 11 
(5) All members of the board shall have been a resident of the Commonwealth for at 12 
least three (3) years prior to appointment to the board, and shall continue to be a 13 
full-time resident of the Commonwealth while serving on the board. 14 
(6) Members appointed to the board shall reflect the racial, ethnic, gender, and 15 
geographic diversity of the Commonwealth. The members shall be appointed in 16 
equal proportion from the two (2) political parties casting the highest and next 17 
highest number of votes at the last preceding general election in the state. 18 
(7) Members of the board shall be subject to a background check. 19 
(8) (a) Members shall be appointed to serve a term of three (3) years. 20 
(b) A member may not serve more than two (2) consecutive full terms on the 21 
board, but may be reappointed after not serving for at least one (1) full year 22 
following the completion of two (2) full terms. 23 
(c) Members shall continue to serve until their successors are appointed. 24 
(d) Vacancies shall be filled in the same manner as the original appointment, 25 
except that the Governor may temporarily appoint a new board member to 26 
fill a vacancy when the Senate is not in session, and shall appoint an 27  UNOFFICIAL COPY  	24 RS BR 1404 
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existing board member to serve as chairperson if that position becomes 1 
vacant until the next meeting of the board where the board shall elect a 2 
chair. All temporary appointments shall be subject to confirmation by the 3 
Senate. If the Senate fails to take action on any temporary appointment, the 4 
appointment shall be deemed confirmed and the board member shall serve 5 
the remainder of the term for which the member was appointed. If the 6 
Senate votes not to confirm a temporary appointment, the Governor shall 7 
make a new appointment which shall be subject to confirmation by the 8 
Senate and subject to the same conditions established in this paragraph. 9 
(9) A member of the board may be removed by the Governor for cause, including the 10 
improper use of police powers, malfeasance, misfeasance, incompetence, 11 
misconduct, neglect of duty, absenteeism, conflict of interest, failure to carry out 12 
the policies of the Commonwealth as established in the Constitution of Kentucky 13 
or by the General Assembly, or refusal to carry out a lawful directive of the 14 
Governor. 15 
(10) In addition to the advisory committees described in Section 5 of this Act, the 16 
board may form other committees or advisory councils which may include 17 
representatives who are not members of the board to explore and study issues 18 
before the board. 19 
(11) A majority of the members of the board shall constitute a quorum for the purpose 20 
of conducting business and for taking action on any measure before the board. 21 
No vacancy in the membership shall impair the right of a quorum to exist or the 22 
board to exercise its authority. 23 
(12) No board member or employee, spouse, or minor child of a member shall: 24 
(a) Have any interest, direct or indirect, either proprietary or by means of any 25 
loan, mortgage, lien, or in any other manner, in or on any premises where a 26 
cannabis business establishment is located; 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(b) Own any stock in or have any interest, direct or indirect, in any cannabis 1 
business establishment; 2 
(c) Own any stock in any corporation which has any interest, proprietary or 3 
otherwise, direct or indirect, in any premises where a cannabis business 4 
entity is located; or 5 
(d) Receive any commission or profit whatsoever, direct or indirect, from any 6 
person applying for or receiving any license or permit authorized by this 7 
chapter. 8 
SECTION 4.   A NEW SECTION OF KRS CHAPTER 245 IS CREATED TO 9 
READ AS FOLLOWS: 10 
(1) The board shall have broad authority to establish the conditions under which 11 
cannabis, cannabis products, and cannabis accessories are possessed, cultivated, 12 
produced, processed, tested, packaged, transported, marketed, sold, and used by 13 
adults in the Commonwealth, including but not limited to the following powers 14 
and duties related to this authority to: 15 
(a) Promulgate administrative regulations to implement Sections 1 to 14 of this 16 
Act; 17 
(b) Establish the number of licenses that may be issued within the following 18 
licensing categories:  19 
1. Cultivation; 20 
2. Processing and manufacturing; 21 
3. Testing; 22 
4. Retail sales; 23 
5. Special events; 24 
6. On-site consumption; 25 
7. Transportation; 26 
8. Microbusinesses; and 27  UNOFFICIAL COPY  	24 RS BR 1404 
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9. Any other category deemed necessary by the board and as authorized 1 
under this chapter; 2 
(c) Establish jurisdictional, space, and other requirements relating to the 3 
issuance of licenses; 4 
(d) Establish limitations on the number of licenses that may be held by any 5 
person, except that no person shall hold more than two (2) different license 6 
types, and the board shall use its licensing authority to prevent monopolies 7 
and concentration of ownership among a few cannabis business entities, 8 
favoring instead a broad array of licensed cannabis business entities with 9 
different ownership; 10 
(e) Grant, suspend, revoke, and deny licenses; 11 
(f) Establish the standards and requirements, including the types, forms, and 12 
concentration of products that may be processed and sold; 13 
(g) Limit or prohibit, in the event of a declared emergency, and without 14 
previous notice or advertisement, the processing, transportation, testing, or 15 
sale of any or all cannabis, cannabis products, and cannabis accessories 16 
during the period of the declared emergency; 17 
(h) Enforce this chapter; and 18 
(i) Hold hearings, subpoena witnesses, compel witness attendance, administer 19 
oaths, examine any person under oath, and require the production of books 20 
and records relative to an inquiry. 21 
(2) The board shall develop, maintain, and implement a uniform and integrated seed-22 
to-sale tracking system that tracks cannabis from either the seed or immature 23 
plant stage until the cannabis or cannabis products are sold to a cannabis 24 
consumer. 25 
(3) The board shall promulgate administrative regulations that: 26 
(a) Establish requirements for securely transporting cannabis and cannabis 27  UNOFFICIAL COPY  	24 RS BR 1404 
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products between cannabis business establishments; 1 
(b) Establish sanitary standards for retail cannabis product preparation; 2 
(c) Establish a testing program for cannabis and cannabis products;  3 
(d) Establish requirements for health and safety warning labels to be placed on 4 
cannabis and cannabis products to be sold or offered for sale to a 5 
consumer; 6 
(e) Establish a scale of application, licensing, and renewal fees, based upon the 7 
cost of enforcing this chapter and the size and category of the business 8 
being licensed, as follows: 9 
1. The board shall charge each person seeking a license an application 10 
fee, and shall establish initial licensing and renewal fees; 11 
2. Fees may vary depending upon the nature and scope of the activities 12 
licensed; 13 
3. The total application and licensing fees assessed under this chapter 14 
shall be set at an amount that will generate sufficient total revenue to, 15 
at a minimum, fully cover the total costs of administering this chapter; 16 
and 17 
4. All registration and licensure fees shall be set on a scaled basis by the 18 
board, and shall be established based on the size and capacity of the 19 
business. For social and economic equity applicants such fees may be 20 
assessed to accomplish the goals of this chapter;  21 
(f) Establish requirements for the form, content, and all records and accounts 22 
by licensees; 23 
(g) Establish reporting requirements; 24 
(h) Set appropriate dosage, potency, concentration, packaging, THC content, 25 
and serving size limits and delineate requirements for adult use cannabis 26 
products, except that a standardized serving of edible cannabis product or 27  UNOFFICIAL COPY  	24 RS BR 1404 
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beverage shall contain not more than twenty (20) milligrams of THC; 1 
(i) Establish labeling and packaging requirements for cannabis sold by a 2 
cannabis business establishment that include but are not limited to: 3 
1. A universal symbol to indicate that cannabis or a cannabis product 4 
contains cannabis, and prescribe how the product and product 5 
packaging shall utilize and exhibit this symbol; 6 
2. A disclosure concerning the length of time it typically takes for the 7 
cannabis to affect an individual, including a statement that certain 8 
forms of cannabis take longer to have an effect; 9 
3. A notation of the amount of cannabis the product is considered the 10 
equivalent to; 11 
4. A list of ingredients and all additives; 12 
5. Child-resistant packaging, including requirements that an edible 13 
product be individually wrapped; 14 
6. A net weight statement; 15 
7. A recommended use-by or expiration date;  16 
8. Labeling that specifically indicates that the package contains adult use 17 
cannabis products; and 18 
9. Standard and uniform packaging and labeling, including but not 19 
limited to requirements regarding branding or logos, and 20 
requirements that all packaging is opaque; 21 
(j) Restrict forms of cannabis, cannabis products, and cannabis product 22 
delivery systems to ensure consumer safety and deter public health 23 
concerns; 24 
(k) Establish reasonable time, place, and manner restrictions on outdoor 25 
advertising of retail cannabis and retail cannabis products consistent with 26 
this chapter; 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(l) Establish security and safety requirements and protocols for the places 1 
where cannabis, cannabis products, and cannabis accessories are possessed, 2 
cultivated, produced, tested, packaged, transported, marketed, and sold in 3 
the Commonwealth; 4 
(m) Establish policies and procedures for retail establishments that sell both 5 
adult use cannabis under this chapter and medicinal cannabis under KRS 6 
Chapter 218B to separate the two (2) functions sufficiently so that: 7 
1. Inventory and sales can be tracked separately; and 8 
2. Medicinal cannabis products are not sold under this chapter; 9 
(n) In consultation with the Cannabis Cultivation Advisory Committee 10 
established in Section 5 of this Act, establish conditions and requirements 11 
for cultivation of cannabis both inside and outside, including canopy 12 
limitations and appropriate distance requirements between facilities; and 13 
(o) Annually set the rate of the excise tax assessed under Section 21 of this Act. 14 
SECTION 5.   A NEW SECTION OF KRS CHAPTER 245 IS CREATED TO 15 
READ AS FOLLOWS: 16 
(1) The board shall appoint the members of and oversee the following three (3) 17 
primary advisory committees: 18 
(a) The Adult Cannabis Usage Advisory Committee;  19 
(b) The Cannabis Cultivation Advisory Committee; and 20 
(c) The Social and Economic Equity Advisory Committee. 21 
(2) (a) The purpose of the Adult Cannabis Usage Advisory Committee shall be to: 22 
1. Review and recommend to the board protocols, evolving continuous 23 
quality improvement metrics, and minimal performance standards for 24 
the accreditation of licensed cannabis business establishments; 25 
2. Advise on efficient and effective practices and processes for cannabis 26 
business establishments; 27  UNOFFICIAL COPY  	24 RS BR 1404 
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3. Develop strategies to minimize the sale and use of cannabis by persons 1 
and entities that are not licensed cannabis business establishments;  2 
4. Recommend methods to enhance safety, taxation, and the economic 3 
benefits of the sale and adult use of legal cannabis; and 4 
5. Perform other duties related to cannabis business establishments as 5 
directed by the board. 6 
(b) The Adult Cannabis Usage Advisory Committee shall consist of a minimum 7 
of five (5) members as follows: 8 
1. One (1) attorney licensed to practice law in Kentucky who has been 9 
practicing for at least ten (10) years; 10 
2. Two (2) Kentucky citizens with at least ten (10) years of experience in 11 
successfully running a business; 12 
3. One (1) representative from the Cabinet for Economic Development; 13 
and 14 
4. One (1) representative from the Justice and Public Safety Cabinet. 15 
(3) (a) The purpose of the Cannabis Cultivation Advisory Committee shall be to: 16 
1. Advise the board on practices and processes for cultivating cannabis, 17 
including cultivation establishment locations, space between facilities, 18 
indoor and outdoor operations, and canopy size restrictions; and 19 
2. Perform other duties related to cannabis cultivation business 20 
establishments as directed by the board. 21 
(b) The Cannabis Cultivation Advisory Committee shall consist of a minimum 22 
of five (5) members as follows: 23 
1. The Commissioner of Agriculture or designee; 24 
2. A representative from the University of Kentucky College of 25 
Agriculture, Food and Environment; 26 
3. An attorney with farming or agricultural experience; 27  UNOFFICIAL COPY  	24 RS BR 1404 
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4. A representative from Kentucky Farm Bureau; and 1 
5. A person engaged in farming. 2 
(4) (a) The purposes of the Social and Economic Equity Advisory Committee shall 3 
be to advise the board on the development of policies that recognize the 4 
following: 5 
1. The need to establish a legal cannabis industry that is equitable and 6 
accessible to those most adversely impacted by the enforcement of 7 
drug-related laws in the state, including cannabis-related laws; 8 
2. Individuals who have been arrested or incarcerated due to drug laws 9 
relating to cannabis suffer long-lasting negative consequences, 10 
including impacts to employment, business ownership, housing, 11 
health, and long-term financial well-being; 12 
3. Family members, especially children, and communities of those who 13 
have been arrested or incarcerated due to drug laws suffer from 14 
emotional, psychological, and financial harms as a result of these 15 
arrests or incarcerations; 16 
4. Certain communities have disproportionately suffered the harms of 17 
enforcement of cannabis-related laws. Those communities face 18 
greater difficulties accessing traditional banking systems and capital 19 
for establishing businesses; 20 
5. Individuals who have resided in areas of high poverty suffer negative 21 
consequences, including barriers to entry in employment, business 22 
ownership, housing, health, and long-term financial well-being; and 23 
6. Promotion of business ownership by individuals who have resided in 24 
areas of high poverty and high enforcement of cannabis-related laws 25 
furthers an equitable cannabis industry. 26 
(b) The Social and Economic Equity Advisory Committee shall consist of at 27  UNOFFICIAL COPY  	24 RS BR 1404 
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least five (5) members as follows: 1 
1. An attorney representative practicing either indigent criminal defense 2 
or legal aid; 3 
2. A representative of an organization that focuses on the civil liberties of 4 
Kentuckians; 5 
3. A person who has lived in a Kentucky high poverty area for at least 6 
five (5) years; 7 
4. The spouse or adult child of a person who is incarcerated for a 8 
cannabis-related conviction; and 9 
5. A person who specializes in business opportunities for individuals 10 
living in high poverty areas. 11 
(5) (a) All advisory committee members shall receive reimbursement of their 12 
expenses incurred in relation to their duties on the advisory committee. 13 
(b) Advisory committee members shall not be limited to specific terms and shall 14 
serve at the pleasure of the board. 15 
(c) The board may appoint additional members to any of the advisory 16 
committees, and shall establish reporting requirements on at least an 17 
annual basis from all advisory committees. 18 
SECTION 6.   A NEW SECTION OF KRS CHAPTER 245 IS CREATED TO 19 
READ AS FOLLOWS: 20 
(1) There is established within the Public Protection Cabinet the Department of 21 
Cannabis Control. The department shall provide administrative support for the 22 
board, the advisory committees established in Section 5 of this Act, and any other 23 
advisory groups or committees formed by the board. The department shall be 24 
responsible for the day-to-day oversight and regulation of the cultivation, 25 
possession, production, processing, testing, packaging, transportation, marketing, 26 
sale, and use in the Commonwealth of adult use cannabis, cannabis products, 27  UNOFFICIAL COPY  	24 RS BR 1404 
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and cannabis accessories. In fulfilling these duties and responsibilities, the 1 
department may exercise the powers and duties authorized in this chapter, as 2 
directed by the board. 3 
(2) The department shall be headed by a commissioner appointed by the Governor 4 
and confirmed by the Senate. The commissioner shall serve for a term of three (3) 5 
years and may be reappointed. The commissioner shall have at least ten (10) 6 
years of demonstrated experience or expertise in the direct management, 7 
supervision, and operation of a business. Once confirmed, the commissioner may 8 
be removed only for good cause with appropriate notice. 9 
(3) Specific functions, powers, and duties of the department and the commissioner 10 
include but are not limited to: 11 
(a) Maintaining records of all licenses and permits issued and revoked within 12 
the state. These records shall be current and shall include the identity of all 13 
licensees, including the names of the officers and directors of corporate 14 
licensees and the location of all licensed premises; 15 
(b) Inspecting or providing for the inspection of any premises where adult use 16 
cannabis is cultivated, produced, tested, packaged, transported, or sold; 17 
(c) Prescribing forms of applications for licenses and permits under this 18 
chapter and of all reports deemed necessary by the board; 19 
(d) Delegating the powers granted in this section to other officers or employees 20 
as determined by the commissioner; 21 
(e) Exercising the powers and performing the duties as delegated by the board 22 
in relation to the administration of this chapter, including but not limited to 23 
budgetary and fiscal matters; 24 
(f) Entering into contracts, memoranda of understanding, and agreements to 25 
effectuate the policy and purpose of this chapter; 26 
(g) Advising and assisting the board in carrying out any of its functions, 27  UNOFFICIAL COPY  	24 RS BR 1404 
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powers, and duties; 1 
(h) Coordinating across state agencies and departments in order to research 2 
and study any changes in adult cannabis use and the impact that adult 3 
cannabis use and the regulated adult use cannabis industries may have on 4 
access to adult use cannabis products, public health, and public safety; and 5 
(i) Issuing guidance and industry advisories. 6 
SECTION 7.   A NEW SECTION OF KRS CHAPTER 245 IS CREATED TO 7 
READ AS FOLLOWS: 8 
(1) No person shall cultivate, process, produce, test, transfer, transport, or sell adult 9 
use cannabis or otherwise operate an adult use cannabis business establishment 10 
in this state without first obtaining a license or permit under this chapter. 11 
(2) (a) A cultivator license shall authorize the licensee to: 12 
1. Cultivate and minimally process cannabis on its licensed premises;  13 
2. Transport or contract to transport cannabis to a testing facility for 14 
testing; 15 
3. Transport or contract to transport cannabis from the cultivator's 16 
licensed premises to another part of the same premises or to another 17 
of the cultivator's licensed premises; and 18 
4. Sell and transport or contract to have transported cannabis to a 19 
processor, retailer, or microbusiness. 20 
(b) Cultivators shall be licensed as either an indoor cultivator or an outdoor 21 
cultivator.  22 
(3) A processor license shall authorize the licensee to: 23 
(a) Purchase cannabis from a cultivator or microbusiness for processing; 24 
(b) Receive cannabis from a cultivator, microbusiness, transporter, testing 25 
facility, or another processor; 26 
(c) Process the cannabis received into consumable cannabis and cannabis 27  UNOFFICIAL COPY  	24 RS BR 1404 
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products; 1 
(d) Sell the processed cannabis and cannabis products to a retailer licensee or a 2 
microbusiness licensee; and 3 
(e) Transport or contract to transport the processed cannabis and cannabis 4 
products: 5 
1. To the retailer licensee, microbusiness, or a testing facility; 6 
2. From a testing facility to a retailer or microbusiness; or  7 
3. Between buildings on its own premises. 8 
(4) A transporter license shall authorize the licensee to: 9 
(a) Receive cannabis and cannabis products from a cultivator or microbusiness 10 
and transport the cannabis to a processor or testing facility; 11 
(b) Receive cannabis and cannabis products from a testing facility and 12 
transport to a processor, microbusiness, or retailer; 13 
(c) Receive cannabis products from a processor or microbusiness and transport 14 
the cannabis or cannabis products to a testing facility or retailer; and 15 
(d) Transport between testing facilities, cultivators, or processors. 16 
(5) A retail license shall authorize the licensee to: 17 
(a) Purchase cannabis and cannabis products from a cultivator, processor, or 18 
microbusiness for sale in its place of business; 19 
(b) Receive purchased cannabis and cannabis products from a cultivator, 20 
processor, testing facility, or microbusiness; 21 
(c) Sell cannabis, cannabis products, and cannabis accessories at its store or at 22 
a cannabis event to consumers ages twenty-one (21) and older; 23 
(d) Purchase and receive cannabis accessories; and 24 
(e) Transport cannabis: 25 
1. From a cultivator, processor, or microbusiness to a testing facility; 26 
2. From a testing facility to a retailer; 27  UNOFFICIAL COPY  	24 RS BR 1404 
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3. Between retail locations; or 1 
4. To a cannabis event. 2 
(6) A testing facility license shall authorize the licensee to obtain and test samples of 3 
cannabis from cultivators and samples of cannabis and cannabis products from 4 
processors in order to determine the amount of THC in the product. 5 
(7) A microbusiness license shall authorize the licensee to perform at least three (3) 6 
of the four (4) following activities: 7 
(a) Cultivation of up to one hundred fifty (150) plants; 8 
(b) Manufacturing processes to include nonvolatile extraction, infusion, 9 
packaging, and labeling; 10 
(c) Transportation or entering a contract for transportation; and 11 
(d) Retail sales. 12 
(8) A cannabis consumption establishment license shall authorize the licensee to 13 
allow patrons to bring their own cannabis, cannabis products, and cannabis 14 
accessories on premises for consumption. 15 
(9) A cannabis event organizer license shall authorize the licensee to host temporary 16 
events related to cannabis, including but not limited to concerts, conferences, 17 
fairs, festivals, and competitions. Each event hosted by a licensed cannabis event 18 
organizer shall require a separate cannabis temporary event license. 19 
(10) A cannabis temporary event license shall authorize the cannabis event organizer 20 
to host events related to cannabis, subject to the following restrictions: 21 
(a) The location shall be designated on the application form to the department; 22 
and 23 
(b) The event shall comply with the requirements of any smoking ban that may 24 
be enacted by a local government. 25 
SECTION 8.   A NEW SECTION OF KRS CHAPTER 245 IS CREATED TO 26 
READ AS FOLLOWS: 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(1) If, after a license or permit has been issued, there is a change in any of the 1 
required facts in the application, a verified supplemental statement in writing 2 
giving notice of the change shall be filed with the department within ten (10) days 3 
after the change. 4 
(2) In giving any notice or taking any action in reference to a license or permit, the 5 
department may rely upon the information furnished in the application or in the 6 
supplemental statement connected with the application. This information, as 7 
against the licensee, permittee, or applicant, shall be conclusively presumed to be 8 
correct. The required information stated in the application or supplemental 9 
statement shall be deemed material in any prosecution for perjury. 10 
SECTION 9.   A NEW SECTION OF KRS CHAPTER 245 IS CREATED TO 11 
READ AS FOLLOWS: 12 
(1) All cannabis licenses and permits issued by the department shall be valid for a 13 
period of no more than one (1) year. The board shall promulgate administrative 14 
regulations establishing the system for renewal of licenses. 15 
(2) The renewal of any cannabis license or permit shall not be construed to waive or 16 
condone any violation that occurred prior to the renewal and shall not prevent 17 
subsequent proceedings against the licensee or permittee. 18 
(3) The department may deny a license renewal if the licensee is a delinquent 19 
taxpayer as defined in Section 37 of this Act. 20 
SECTION 10.   A NEW SECTION OF KRS CHAPTER 245 IS CREATED TO 21 
READ AS FOLLOWS: 22 
(1) If the department denies a license or permit application, the commissioner shall 23 
notify the applicant in writing of the denial and the reasons for the denial by 24 
registered or certified mail at the address given in the application. 25 
(2) The applicant may, within thirty (30) days after the date of the mailing of the 26 
notice from the commissioner, file a request with the board for an administrative 27  UNOFFICIAL COPY  	24 RS BR 1404 
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hearing on the application. The hearing shall be conducted by the board as a de 1 
novo review of the application in compliance with KRS Chapter 13B. 2 
(3) If the commissioner denies an application and the applicant does not timely 3 
request a board hearing on its application under subsection (2) of this section, the 4 
department shall refund payment of any license or permit fee paid by an 5 
applicant. 6 
SECTION 11.   A NEW SECTION OF KRS CHAPTER 245 IS CREATED TO 7 
READ AS FOLLOWS: 8 
(1) Upon proceedings for the revocation of any license or permit under this chapter, 9 
the board may order a suspension of the license or permit. Subject to the approval 10 
of the board, the licensee or permittee may pay, in lieu of part or all of the days of 11 
any suspension period, a sum established in an administrative regulation 12 
promulgated by the board. 13 
(2) Payments in lieu of suspension collected by the board shall be deposited into the 14 
cannabis fund account established in Section 15 of this Act. 15 
(3) Appeals from orders of suspension and the associated procedures shall be the 16 
same as are provided for orders of revocation in KRS Chapter 13B. 17 
SECTION 12.   A NEW SECTION OF KRS CHAPTER 245 IS CREATED TO 18 
READ AS FOLLOWS: 19 
An employer shall not refuse to employ and may not discriminate against an individual 20 
with respect to compensation, promotion, or the terms, conditions, or privileges of 21 
employment because the individual legally uses an adult use cannabis product off the 22 
employer’s premises during nonworking hours. This section shall not apply to the use 23 
of cannabis products: 24 
(1) During working hours; or 25 
(2) That affects an individual’s ability to perform job-related employment 26 
responsibilities or compromises the safety of other employees. 27  UNOFFICIAL COPY  	24 RS BR 1404 
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SECTION 13.   A NEW SECTION OF KRS CHAPTER 245 IS CREATED TO 1 
READ AS FOLLOWS: 2 
(1) Adult use cannabis, cannabis products, and cannabis accessories shall only be 3 
purchased, possessed, consumed, or used by persons aged twenty-one (21) years 4 
or older, and a retail licensee shall only sell to persons aged twenty-one (21) or 5 
older. 6 
(2) A licensee under this chapter shall not sell, give, or provide cannabis to a person 7 
under the age of twenty-one (21). 8 
(3) A person under twenty-one (21) years of age shall not enter any premises licensed 9 
for the sale of cannabis, cannabis products, or cannabis accessories for the 10 
purpose of purchasing or receiving any cannabis, cannabis product, or cannabis 11 
accessory. 12 
(4) A person under twenty-one (21) years of age shall not misrepresent the person's 13 
age for the purpose of inducing any licensee, or the licensee's agent or employee, 14 
to sell any cannabis, cannabis products, or cannabis accessories to the underage 15 
person. 16 
(5) A person under twenty-one (21) years of age shall not use or attempt to use any 17 
false, fraudulent, or altered identification card, paper, or any other document to 18 
purchase or attempt to purchase or otherwise obtain any cannabis, cannabis 19 
products, or cannabis accessories. A person who violates this section shall for the 20 
first offense be guilty of a violation and, for the second and each subsequent 21 
offense, be guilty of a Class B misdemeanor. 22 
(6) Except as provided in subsection (7) of this section, any person who violates 23 
subsections (3), (4), or (5) of this section shall be charged with a violation and 24 
each violation shall constitute a separate offense. 25 
(7) A violation of subsections (3), (4), or (5) of this section shall be deemed a status 26 
offense if committed by a person under the age of eighteen (18) and shall be 27  UNOFFICIAL COPY  	24 RS BR 1404 
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under the jurisdiction of the juvenile session of the District Court or the family 1 
division of the Circuit Court, as appropriate. 2 
(8) It shall be an affirmative defense to a charge under subsection (2) of this section 3 
that the sale was induced by the use of false, fraudulent, or altered identification 4 
papers or other documents, and that the appearance and character of the 5 
purchaser were such that the purchaser’s age could not have been ascertained by 6 
any other means, and that the purchaser’s appearance and character indicated 7 
strongly that the purchaser was of legal age to purchase cannabis and cannabis 8 
products. This evidence may be introduced either in mitigation of the charge or 9 
as a defense to the charge itself. 10 
SECTION 14.   A NEW SECTION OF KRS CHAPTER 245 IS CREATED TO 11 
READ AS FOLLOWS: 12 
Every retail licensee shall display signs that are visible to persons entering the premises 13 
that state as follows: 14 
(1) The United States Surgeon General has issued an advisory opinion stating that 15 
smoking or ingesting cannabis by pregnant women may cause harm to the fetus; 16 
and 17 
(2) Minor persons under the age of twenty-one (21) may face criminal penalties if 18 
they attempt to buy cannabis or cannabis products themselves or if they attempt to 19 
have someone else buy cannabis or cannabis products for them. 20 
SECTION 15.   A NEW SECTION OF KRS CHAPTER 245 IS CREATED TO 21 
READ AS FOLLOWS: 22 
(1) (a) There is established in the State Treasury a revolving account which shall 23 
be a permanent and perpetual fund to be known as the cannabis fund to 24 
which shall be credited any amounts collected from license and permit fees 25 
under this chapter, fines in lieu of suspension under this chapter, and 26 
excise taxes pursuant to Section 21 of this Act, in addition to any other 27  UNOFFICIAL COPY  	24 RS BR 1404 
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appropriations, gifts, grants, federal funds, or other funds, both public or 1 
private, directed to the fund for the purposes set forth in this section. 2 
(b) Expenses for the operation of the board and department shall first be paid 3 
from the fund in accordance with amounts appropriated by the General 4 
Assembly for such purposes in an enacted budget bill. 5 
(c) After the payment of operating expenses, at least thirty percent (30%) of the 6 
amount remaining shall be retained in the fund and shall be expended as 7 
determined by the Social Impact Council established in Section 16 of this 8 
Act, with the remainder of funds distributed to the General Fund. 9 
(2) Notwithstanding KRS 45.229, fund amounts not expended at the close of a fiscal 10 
year shall not lapse but shall be carried forward into the next fiscal year. 11 
(3) Moneys deposited into the fund are hereby appropriated for the purposes set forth 12 
in this section and shall not be appropriated or transferred by the General 13 
Assembly for any other purposes. 14 
(4) Interest earned from moneys in the fund shall become part of the fund and shall 15 
not lapse. 16 
SECTION 16.   A NEW SECTION OF KRS CHAPTER 245 IS CREATED TO 17 
READ AS FOLLOWS: 18 
(1) The Social Impact Council is created as a political subdivision of the 19 
Commonwealth to perform essential governmental and public functions by 20 
administering funds to provide economic assistance to the Commonwealth. The 21 
council shall be a public agency subject to KRS 61.805 to 61.850, 61.870 to 22 
61.884, and other applicable statutes. The purpose of the council is to directly 23 
address the impact of economic disinvestment, violence, and historical overuse of 24 
criminal justice responses to community and individual needs by providing 25 
resources to support local design and control of community-based responses to 26 
these impacts. 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(2) The council shall have a total membership of eighteen (18) voting members that 1 
shall consist of thirteen (13) at-large citizen members and five (5) ex officio 2 
members. The chair of the Adult Use Cannabis Control Board or designee shall 3 
also serve as a nonvoting ex officio member. At-large citizen members shall be 4 
appointed by the Governor. At-large citizen members of the council shall be 5 
citizens of the Commonwealth and shall include: 6 
(a) A person who has been previously incarcerated or convicted of a cannabis-7 
related crime; 8 
(b) An expert in the field of public health with experience in trauma-informed 9 
care, if possible; 10 
(c) An expert in education with a focus on access to opportunities for youth in 11 
underserved communities; 12 
(d) An expert on Kentucky's foster care system; 13 
(e) An expert in workforce development; 14 
(f) A representative from one (1) of Kentucky's Historically Black Colleges and 15 
Universities; 16 
(g) A veteran of the United States Armed Forces; 17 
(h) An entrepreneur with expertise in emerging industries or access to capital 18 
for small businesses; 19 
(i) A representative from the Department of Public Advocacy; and 20 
(j) Four (4) community-based providers or community development 21 
organization representatives who provide services to address the social 22 
determinants of health and promote community investment in communities 23 
adversely and disproportionately impacted by cannabis prohibitions, 24 
including services such as workforce development, youth mentoring and 25 
educational services, job training and placement services, and reentry 26 
services. 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(3) The five (5) ex officio members of the council shall be: 1 
(a) The secretary of the Cabinet for Economic Development or designee; 2 
(b) The secretary of the Cabinet for Health and Family Services or designee; 3 
(c) The secretary of the Justice and Public Safety Cabinet or designee; 4 
(d) The secretary of the Education and Labor Cabinet or designee; and 5 
(e) The Attorney General or designee. 6 
(4) Ex officio members of the council shall serve coincident with their terms of 7 
office. At-large citizen members shall be appointed for a term of four (4) years. 8 
Appointments to fill vacancies, other than by expiration of a term, shall be for the 9 
unexpired terms. Vacancies shall be filled in the same manner as the original 10 
appointments. All members may be reappointed. 11 
(5) (a) Consideration shall be given to racial and gender equity in the appointment 12 
of the at-large citizen members. 13 
(b) The at-large citizen members shall be appointed in equal proportion from 14 
the two (2) political parties casting the highest and next highest number of 15 
votes at the last preceding general election in the state. 16 
(6) A majority of the council shall select a chair and vice-chair from among its 17 
membership. A majority of the members shall constitute a quorum. The council's 18 
first meeting shall convene by August 1, 2026. The council shall meet at least 19 
once every two (2) months and shall meet at the call of the chair or whenever the 20 
majority of the members so request. 21 
(7) Members shall receive no compensation but shall be reimbursed for all 22 
reasonable and necessary expenses incurred in the performance of their duties. 23 
(8) The council shall be attached to the Public Protection Cabinet for administrative 24 
purposes. 25 
SECTION 17.   A NEW SECTION OF KRS CHAPTER 245 IS CREATED TO 26 
READ AS FOLLOWS: 27  UNOFFICIAL COPY  	24 RS BR 1404 
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The Social Impact Council's powers and duties shall include: 1 
(1) Developing and implementing scholarship programs and educational and 2 
vocational resources for historically marginalized youth, including youth in 3 
foster care, who have been adversely impacted by substance use individually, in 4 
their families, or in their communities; 5 
(2) Developing and implementing a program to award grants to support workforce 6 
development programs, youth mentoring programs, job training and placement 7 
services, and reentry services that serve communities historically and 8 
disproportionately targeted by drug enforcement; 9 
(3) Administering the cannabis fund established under Section 15 of this Act; 10 
(4) Collaborating with the Adult Use Cannabis Control Board to implement 11 
programs and provide recommendations consistent with the purposes of this 12 
section; 13 
(5) Receiving requests and applications for funds and authorizing the distribution of 14 
funds; 15 
(6) Developing guidelines and criteria for eligibility for and disbursement of funds, 16 
the types of direct and indirect economic assistance to be awarded, and 17 
procedures for applying for funds and reviewing applications for assistance; 18 
(7) Preparing a biennial budget request in accordance with KRS Chapter 48; 19 
(8) Working with other governmental agencies to maximize the financial and 20 
economic impact that the programs implemented by the council will have and to 21 
maximize receipt of federal and other funds to the Commonwealth; 22 
(9) Submitting an annual report and executive summary to the Governor and the 23 
General Assembly for publication. The chair shall submit to the Governor and 24 
the Legislative Research Commission an annual executive summary of the 25 
interim activity and work of the council no later than the first day of each regular 26 
session of the General Assembly; and 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(10) Performing any other activities and functions as directed by the Governor. 1 
Section 18.   KRS 2.015 is amended to read as follows: 2 
Persons of the age of eighteen (18) years are of the age of majority for all purposes in this 3 
Commonwealth except for the purchase of alcoholic beverages, for the purchase of adult 4 
use cannabis, cannabis products, and cannabis accessories, and for purposes of care 5 
and treatment of children with disabilities, for which twenty-one (21) years is the age of 6 
majority, all other statutes to the contrary notwithstanding. 7 
SECTION 19.   A NEW SECTION OF KRS CHAPTER 65 IS CREATED TO 8 
READ AS FOLLOWS: 9 
(1) As used in this section, unless the context requires otherwise: 10 
(a) "Licensee" means a retailer or microbusiness licensed to conduct cannabis 11 
activities under Section 7 of this Act; 12 
(b) "Local government" means any city, county, urban-county government, 13 
consolidated local government, unified local government, or charter county 14 
government; and 15 
(c) "Gross revenue" means all revenues or proceeds derived from the sale, 16 
lease, or rental of goods, services, or property by a business entity reduced 17 
by sales and excise taxes paid and returns and allowances.  18 
(2) Beginning on July 1, 2026, local governments may, by ordinance, levy a licensing 19 
fee on licensees for the privilege of operating within the limits of the local 20 
government as provided in this section. 21 
(3) The maximum license fee that may be levied within a local government is five 22 
percent (5%) of the gross receipts of a licensee from activities conducted within 23 
the local government. Units of local government within other units of local 24 
government may work together to establish a uniform or combined license fee 25 
rate not to exceed the five percent (5%) maximum, with revenue sharing between 26 
the units of local government through an interlocal agreement entered into 27  UNOFFICIAL COPY  	24 RS BR 1404 
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pursuant to KRS 65.210 to 65.300. 1 
(4) Absent an agreement between the units of local government: 2 
(a) A city may impose a license fee not to exceed three percent (3%) of gross 3 
revenues received by a licensee within the jurisdiction of the city; 4 
(b) A county, urban-county government, consolidated local government, 5 
unified local government, or charter county government may impose a 6 
license fee not to exceed two percent (2%) of gross revenues received by a 7 
licensee within the jurisdiction of the county, urban-county government, 8 
consolidated local government, unified local government, or charter county 9 
government; and 10 
(c) A local government that does not include any independently incorporated 11 
cities may impose a license fee not to exceed five percent (5%) of gross 12 
revenues received by a retailer licensed under Section 7 of this Act within 13 
the jurisdiction of the county level unit of government. 14 
(5) The revenue received from the imposition of the licensing fee in this section shall 15 
be deposited into the general fund of the local government unit. 16 
SECTION 20.   A NEW SECTION OF KRS CHAPTER 138 IS CREATED TO 17 
READ AS FOLLOWS: 18 
As used in Sections 20 to 23 of this Act, unless the context requires otherwise: 19 
(1) "Cannabis" has the same meaning as in Section 1 of this Act; 20 
(2) "Cultivator" means a licensee with a cultivator license under Section 7 of this 21 
Act; 22 
(3) "Microbusiness" means a licensee with a microbusiness license under Section 7 23 
of this Act; 24 
(4) "Processor" means a licensee with a processor license under Section 7 of this 25 
Act; and 26 
(5) "Retailer" means a licensee with a retail license under Section 7 of this Act. 27  UNOFFICIAL COPY  	24 RS BR 1404 
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SECTION 21.   A NEW SECTION OF KRS CHAPTER 138 IS CREATED TO 1 
READ AS FOLLOWS: 2 
(1) Beginning on July 1, 2025, an excise tax is hereby imposed at the time of the first 3 
sale or transfer of harvested adult use cannabis by a: 4 
(a) Cultivator to a processor, retailer, or microbusiness; or 5 
(b) Microbusiness to a retailer or consumer. 6 
 The tax shall be paid by the licensee selling or transferring the cannabis and 7 
shall be based on the weight of the cannabis transferred, regardless of any 8 
payment received. The licensee selling or transferring the cannabis shall not 9 
charge the cannabis recipient a separate additional fee to pay for part or all of the 10 
excise tax. 11 
(2) The initial rate of the tax imposed by subsection (1) of this section for the first 12 
full year beginning on July 1, 2025, shall be nine percent (9%). Effective on each 13 
July 1 thereafter, the rate of the tax imposed by subsection (1) of this section shall 14 
be set annually by the Adult Use Cannabis Control Board established in Section 3 15 
of this Act through the promulgation of an administrative regulation. Each year, 16 
the board shall share the new annual rate of the tax with the Department of 17 
Revenue at least ninety (90) days in advance of the July 1 effective date. 18 
(3) Every cultivator, processor, retailer, and microbusiness shall file an application 19 
for registration with the Department of Revenue. The application shall be in the 20 
form prescribed by the department. The application shall be signed by: 21 
(a) The owner if the applicant is a natural person; 22 
(b) A member or partner if the applicant is an association or partnership; or 23 
(c) An executive officer or some person specifically authorized by the 24 
corporation to sign the application if the applicant is a corporation. 25 
(4) The taxes imposed by this section are due and payable to the Department of 26 
Revenue monthly on or before the twentieth day of the month following each 27  UNOFFICIAL COPY  	24 RS BR 1404 
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calendar month. 1 
(5) A return for the preceding calendar month shall be filed with the Department of 2 
Revenue by every cultivator, processor, retailer, and microbusiness, together with 3 
any tax due. For the purpose of facilitating the administration, payment, or 4 
collection of the taxes levied by this section, the Department of Revenue may 5 
permit or require returns to be filed or tax payments to be made other than as 6 
specifically required by this section. 7 
(6) Every cultivator, processor, retailer, and microbusiness shall keep records, 8 
receipts, invoices, and other pertinent papers in the form as the Department of 9 
Revenue may require. Every cultivator, processor, retailer, and microbusiness 10 
who files the returns required under this section shall keep records for not less 11 
than six (6) years from the making of records unless the Department of Revenue 12 
in writing authorizes their destruction at an earlier date. 13 
(7) The Department of Revenue shall establish a method or process that may be a 14 
part of the tracking system required by Section 4 of this Act, to identify cannabis 15 
on which the tax imposed by this section has been paid. 16 
(8) All receipts, interest, and penalties resulting from the taxes imposed under this 17 
section shall be deposited into the cannabis fund created in Section 15 of this Act. 18 
SECTION 22.   A NEW SECTION OF KRS CHAPTER 138 IS CREATED TO 19 
READ AS FOLLOWS: 20 
(1) Notwithstanding anything in this chapter to the contrary, the president, vice 21 
president, secretary, treasurer, or any other person holding any equivalent 22 
corporate office of any corporation subject to Sections 1 to 14 of this Act shall be 23 
personally and individually liable, both jointly and severally, for the taxes 24 
imposed by Section 21 of this Act.  25 
(2) Corporate dissolution, withdrawal of the corporation from the state, or the 26 
cessation of holding any corporate office shall not discharge the liability of any 27  UNOFFICIAL COPY  	24 RS BR 1404 
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person. The personal and individual liability shall apply to every person holding a 1 
corporate office at the time the tax becomes or became due.  2 
(3) Notwithstanding anything in this chapter, KRS 275.150, 362.1-306(3) or 3 
predecessor law, or 362.2-404(3) to the contrary, the managers of a limited 4 
liability company, the partners of a limited liability partnership, and the general 5 
partners of a limited liability limited partnership or any other person holding any 6 
equivalent office of a limited liability company, limited liability partnership, or 7 
limited liability limited partnership subject to Sections 1 to 14 of this Act shall be 8 
personally and individually liable, both jointly and severally, for the adult use 9 
cannabis and cannabis products taxes. 10 
(4) Dissolution, withdrawal of the limited liability company, limited liability 11 
partnership, or limited liability limited partnership from the state, or the cessation 12 
of holding any office shall not discharge the liability of any person. The personal 13 
and individual liability shall apply to every manager of a limited liability 14 
company, partner of a limited liability partnership, or general partner of a limited 15 
liability limited partnership at the time the tax becomes or became due.  16 
(5) No person shall be personally and individually liable under this section who had 17 
no authority to collect, truthfully account for, or pay over any adult use cannabis 18 
and cannabis product tax at the time the taxes imposed become or became due.  19 
(6) "Taxes" as used in this section include interest accrued at the rate provided by 20 
KRS 131.183, all applicable penalties imposed under this chapter, and all 21 
applicable penalties imposed under KRS 131.180, 131.410 to 131.445, and 22 
131.990. 23 
SECTION 23.   A NEW SECTION OF KRS CHAPTER 138 IS CREATED TO 24 
READ AS FOLLOWS: 25 
Any person who violates Section 21 or 22 of this Act shall be subject to the uniform 26 
civil penalties imposed pursuant to KRS 131.180 and interest at the tax interest rate as 27  UNOFFICIAL COPY  	24 RS BR 1404 
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provided in KRS 131.183 from the date due until the date of payment. 1 
Section 24.   KRS 138.870 is amended to read as follows: 2 
As used in KRS 138.870 to 138.889, unless the context requires otherwise: 3 
(1) "Controlled substance" means any controlled substance, whether real or counterfeit, 4 
as defined in KRS 218A.010 or any regulation promulgated thereunder, except that 5 
it shall not include marijuana, adult use cannabis, or medicinal cannabis; 6 
(2) "Dosage unit" means a tablet, capsule, vial, or ampule of a controlled substance or, 7 
in cases of mass volume or diluted quantities, the proper dose or quantity of a 8 
controlled substance to be taken all at one (1) time or in fractional amounts within a 9 
given period, as defined and adopted by the United States Pharmacopeia; 10 
(3) "Marijuana": 11 
(a) Means marijuana, whether real or counterfeit, as defined in KRS 218A.010; 12 
and 13 
(b) Does not include:  14 
1. Medicinal cannabis as defined in KRS 218B.010; or 15 
2. Adult use cannabis as defined in Section 1 of this Act; 16 
(4) "Offender" means a person who engages in this state in a taxable activity as defined 17 
in subsection (6) of this section; 18 
(5) "Possessing" includes either actual possession or constructive possession, or a 19 
combination of both actual and constructive possession. Mere possession or 20 
ownership of real estate or an interest therein does not establish constructive 21 
possession; and 22 
(6) "Taxable activity" means producing, cultivating, manufacturing, importing, 23 
transporting, distributing, acquiring, purchasing, storing, selling, using, or otherwise 24 
possessing, in violation of KRS Chapter 218A, more than five (5) marijuana plants 25 
with foliation, 42.5 grams of marijuana which has been detached from the plant on 26 
which it grew, seven (7) grams of any controlled substance, or fifty (50) or more 27  UNOFFICIAL COPY  	24 RS BR 1404 
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dosage units of any controlled substance which is not sold by weight. The weight or 1 
dosage units in this subsection shall include the weight of marijuana or the weight 2 
or dosage units of the controlled substance, whether pure, impure, or diluted. A 3 
quantity of a controlled substance is diluted if it consists of a detectable quantity of 4 
a pure controlled substance and any excipients or fillers. 5 
SECTION 25.   A NEW SECTION OF KRS CHAPTER 218A IS CREATED 6 
TO READ AS FOLLOWS: 7 
(1) A person shall not be subject to arrest, prosecution, or penalty in any manner, or 8 
denied any right or privilege, including but not limited to a civil penalty or 9 
disciplinary action by any occupational or professional licensing board if the 10 
person's actions are authorized by and in compliance with Sections 1 to 14 of this 11 
Act. 12 
(2) A person shall not be subject to arrest, prosecution, or penalty in any manner, or 13 
denied any right or privilege, including but not limited to a civil penalty or 14 
disciplinary action by an occupational or professional licensing board, for 15 
providing assistance or services, including but not limited to legal services, 16 
medical services, accounting services, security services, or business consulting 17 
services, to any individual or marijuana business related to activity that is no 18 
longer subject to criminal penalties under state law pursuant to Sections 1 to 14 19 
of this Act. 20 
Section 26.   KRS 218A.010 is amended to read as follows: 21 
As used in this chapter, unless the context otherwise requires: 22 
(1) "Administer" means the direct application of a controlled substance, whether by 23 
injection, inhalation, ingestion, or any other means, to the body of a patient or 24 
research subject by: 25 
(a) A practitioner or by his or her authorized agent under his or her immediate 26 
supervision and pursuant to his or her order; or 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(b) The patient or research subject at the direction and in the presence of the 1 
practitioner; 2 
(2) "Anabolic steroid" means any drug or hormonal substance chemically and 3 
pharmacologically related to testosterone that promotes muscle growth and includes 4 
those substances classified as Schedule III controlled substances pursuant to KRS 5 
218A.020 but does not include estrogens, progestins, and anticosteroids; 6 
(3) "Cabinet" means the Cabinet for Health and Family Services; 7 
(4) "Carfentanil" means any substance containing any quantity of carfentanil, or any of 8 
its salts, isomers, or salts of isomers; 9 
(5) "Certified community based palliative care program" means a palliative care 10 
program which has received certification from the Joint Commission; 11 
(6) "Child" means any person under the age of majority as specified in KRS 2.015; 12 
(7) "Cocaine" means a substance containing any quantity of cocaine, its salts, optical 13 
and geometric isomers, and salts of isomers; 14 
(8) "Controlled substance" means methamphetamine, or a drug, substance, or 15 
immediate precursor in Schedules I through V and includes a controlled substance 16 
analogue; 17 
(9) (a) "Controlled substance analogue," except as provided in paragraph (b) of this 18 
subsection, means a substance: 19 
1. The chemical structure of which is substantially similar to the structure 20 
of a controlled substance in Schedule I or II; and 21 
2. Which has a stimulant, depressant, or hallucinogenic effect on the 22 
central nervous system that is substantially similar to or greater than the 23 
stimulant, depressant, or hallucinogenic effect on the central nervous 24 
system of a controlled substance in Schedule I or II; or 25 
3. With respect to a particular person, which such person represents or 26 
intends to have a stimulant, depressant, or hallucinogenic effect on the 27  UNOFFICIAL COPY  	24 RS BR 1404 
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central nervous system that is substantially similar to or greater than the 1 
stimulant, depressant, or hallucinogenic effect on the central nervous 2 
system of a controlled substance in Schedule I or II. 3 
(b) Such term does not include: 4 
1. Any substance for which there is an approved new drug application; 5 
2. With respect to a particular person, any substance if an exemption is in 6 
effect for investigational use for that person pursuant to federal law to 7 
the extent conduct with respect to such substance is pursuant to such 8 
exemption; or 9 
3. Any substance to the extent not intended for human consumption before 10 
the exemption described in subparagraph 2. of this paragraph takes 11 
effect with respect to that substance; 12 
(10) "Counterfeit substance" means a controlled substance which, or the container or 13 
labeling of which, without authorization, bears the trademark, trade name, or other 14 
identifying mark, imprint, number, or device, or any likeness thereof, of a 15 
manufacturer, distributor, or dispenser other than the person who in fact 16 
manufactured, distributed, or dispensed the substance; 17 
(11) "Dispense" means to deliver a controlled substance to an ultimate user or research 18 
subject by or pursuant to the lawful order of a practitioner, including the packaging, 19 
labeling, or compounding necessary to prepare the substance for that delivery; 20 
(12) "Dispenser" means a person who lawfully dispenses a Schedule II, III, IV, or V 21 
controlled substance to or for the use of an ultimate user; 22 
(13) "Distribute" means to deliver other than by administering or dispensing a controlled 23 
substance; 24 
(14) "Dosage unit" means a single pill, capsule, ampule, liquid, or other form of 25 
administration available as a single unit; 26 
(15) "Drug" means: 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(a) Substances recognized as drugs in the official United States Pharmacopoeia, 1 
official Homeopathic Pharmacopoeia of the United States, or official National 2 
Formulary, or any supplement to any of them; 3 
(b) Substances intended for use in the diagnosis, care, mitigation, treatment, or 4 
prevention of disease in man or animals; 5 
(c) Substances (other than food) intended to affect the structure or any function of 6 
the body of man or animals; and 7 
(d) Substances intended for use as a component of any article specified in this 8 
subsection. 9 
 It does not include devices or their components, parts, or accessories; 10 
(16) "Fentanyl" means a substance containing any quantity of fentanyl, or any of its 11 
salts, isomers, or salts of isomers; 12 
(17) "Fentanyl derivative" means a substance containing any quantity of any chemical 13 
compound, except compounds specifically scheduled as controlled substances by 14 
statute or by administrative regulation pursuant to this chapter, which is structurally 15 
derived from 1-ethyl-4-(N-phenylamido) piperadine: 16 
(a) By substitution: 17 
1. At the 2-position of the 1-ethyl group with a phenyl, furan, thiophene, or 18 
ethyloxotetrazole ring system; and 19 
2. Of the terminal amido hydrogen atom with an alkyl, alkoxy, cycloalkyl, 20 
or furanyl group; and 21 
(b) Which may be further modified in one (1) or more of the following ways: 22 
1. By substitution on the N-phenyl ring to any extent with alkyl, alkoxy, 23 
haloalkyl, hydroxyl, or halide substituents; 24 
2. By substitution on the piperadine ring to any extent with alkyl, allyl, 25 
alkoxy, hydroxy, or halide substituents at the 2-, 3-, 5-, and/or 6- 26 
positions; 27  UNOFFICIAL COPY  	24 RS BR 1404 
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3. By substitution on the piperadine ring to any extent with a phenyl, 1 
alkoxy, or carboxylate ester substituent at the 4- position; or 2 
4. By substitution on the 1-ethyl group to any extent with alkyl, alkoxy, or 3 
hydroxy substituents; 4 
(18) "Good-faith prior examination," as used in KRS Chapter 218A and for criminal 5 
prosecution only, means an in-person medical examination of the patient conducted 6 
by the prescribing practitioner or other health-care professional routinely relied 7 
upon in the ordinary course of his or her practice, at which time the patient is 8 
physically examined and a medical history of the patient is obtained. "In-person" 9 
includes telehealth examinations. This subsection shall not be applicable to hospice 10 
providers licensed pursuant to KRS Chapter 216B; 11 
(19) "Hazardous chemical substance" includes any chemical substance used or intended 12 
for use in the illegal manufacture of a controlled substance as defined in this section 13 
or the illegal manufacture of methamphetamine as defined in KRS 218A.1431, 14 
which: 15 
(a) Poses an explosion hazard; 16 
(b) Poses a fire hazard; or 17 
(c) Is poisonous or injurious if handled, swallowed, or inhaled; 18 
(20) "Heroin" means a substance containing any quantity of heroin, or any of its salts, 19 
isomers, or salts of isomers; 20 
(21) "Hydrocodone combination product" means a drug with: 21 
(a) Not more than three hundred (300) milligrams of dihydrocodeinone, or any of 22 
its salts, per one hundred (100) milliliters or not more than fifteen (15) 23 
milligrams per dosage unit, with a fourfold or greater quantity of an 24 
isoquinoline alkaloid of opium; or 25 
(b) Not more than three hundred (300) milligrams of dihydrocodeinone, or any of 26 
its salts, per one hundred (100) milliliters or not more than fifteen (15) 27  UNOFFICIAL COPY  	24 RS BR 1404 
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milligrams per dosage unit, with one (1) or more active, nonnarcotic 1 
ingredients in recognized therapeutic amounts; 2 
(22) "Immediate precursor" means a substance which is the principal compound 3 
commonly used or produced primarily for use, and which is an immediate chemical 4 
intermediary used or likely to be used in the manufacture of a controlled substance 5 
or methamphetamine, the control of which is necessary to prevent, curtail, or limit 6 
manufacture; 7 
(23) "Industrial hemp" has the same meaning as in KRS 260.850; 8 
(24) "Industrial hemp products" has the same meaning as in KRS 260.850; 9 
(25) "Intent to manufacture" means any evidence which demonstrates a person's 10 
conscious objective to manufacture a controlled substance or methamphetamine. 11 
Such evidence includes but is not limited to statements and a chemical substance's 12 
usage, quantity, manner of storage, or proximity to other chemical substances or 13 
equipment used to manufacture a controlled substance or methamphetamine; 14 
(26) "Isomer" means the optical isomer, except the Cabinet for Health and Family 15 
Services may include the optical, positional, or geometric isomer to classify any 16 
substance pursuant to KRS 218A.020; 17 
(27) "Manufacture," except as provided in KRS 218A.1431, means the production, 18 
preparation, propagation, compounding, conversion, or processing of a controlled 19 
substance, either directly or indirectly by extraction from substances of natural 20 
origin or independently by means of chemical synthesis, or by a combination of 21 
extraction and chemical synthesis, and includes any packaging or repackaging of 22 
the substance or labeling or relabeling of its container except that this term does not 23 
include activities: 24 
(a) By a practitioner as an incident to his or her administering or dispensing of a 25 
controlled substance in the course of his or her professional practice; 26 
(b) By a practitioner, or by his or her authorized agent under his supervision, for 27  UNOFFICIAL COPY  	24 RS BR 1404 
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the purpose of, or as an incident to, research, teaching, or chemical analysis 1 
and not for sale; or 2 
(c) By a pharmacist as an incident to his or her dispensing of a controlled 3 
substance in the course of his or her professional practice; 4 
(28) "Marijuana" means all parts of the plant Cannabis sp., whether growing or not; the 5 
seeds thereof; the resin extracted from any part of the plant; and every compound, 6 
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin 7 
or any compound, mixture, or preparation which contains any quantity of these 8 
substances. The term "marijuana" does not include: 9 
(a) Industrial hemp that is in the possession, custody, or control of a person who 10 
holds a license issued by the Department of Agriculture permitting that person 11 
to cultivate, handle, or process industrial hemp; 12 
(b) Industrial hemp products that do not include any living plants, viable seeds, 13 
leaf materials, or floral materials; 14 
(c) The substance cannabidiol, when transferred, dispensed, or administered 15 
pursuant to the written order of a physician practicing at a hospital or 16 
associated clinic affiliated with a Kentucky public university having a college 17 
or school of medicine; 18 
(d) For persons participating in a clinical trial or in an expanded access program, 19 
a drug or substance approved for the use of those participants by the United 20 
States Food and Drug Administration; 21 
(e) A cannabidiol product derived from industrial hemp, as defined in KRS 22 
260.850; 23 
(f) For the purpose of conducting scientific research, a cannabinoid product 24 
derived from industrial hemp, as defined in KRS 260.850; 25 
(g) A cannabinoid product approved as a prescription medication by the United 26 
States Food and Drug Administration;[ or] 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(h) Medicinal cannabis as defined in KRS 218B.010; or 1 
(i) Adult use cannabis as defined in Section 1 of this Act; 2 
(29) "Medical history," as used in KRS Chapter 218A and for criminal prosecution only, 3 
means an accounting of a patient's medical background, including but not limited to 4 
prior medical conditions, prescriptions, and family background; 5 
(30) "Medical order," as used in KRS Chapter 218A and for criminal prosecution only, 6 
means a lawful order of a specifically identified practitioner for a specifically 7 
identified patient for the patient's health-care needs. "Medical order" may or may 8 
not include a prescription drug order; 9 
(31) "Medical record," as used in KRS Chapter 218A and for criminal prosecution only, 10 
means a record, other than for financial or billing purposes, relating to a patient, 11 
kept by a practitioner as a result of the practitioner-patient relationship; 12 
(32) "Methamphetamine" means any substance that contains any quantity of 13 
methamphetamine, or any of its salts, isomers, or salts of isomers; 14 
(33) "Narcotic drug" means any of the following, whether produced directly or indirectly 15 
by extraction from substances of vegetable origin, or independently by means of 16 
chemical synthesis, or by a combination of extraction and chemical synthesis: 17 
(a) Opium and opiate, and any salt, compound, derivative, or preparation of 18 
opium or opiate; 19 
(b) Any salt, compound, isomer, derivative, or preparation thereof which is 20 
chemically equivalent or identical with any of the substances referred to in 21 
paragraph (a) of this subsection, but not including the isoquinoline alkaloids 22 
of opium; 23 
(c) Opium poppy and poppy straw; 24 
(d) Coca leaves, except coca leaves and extracts of coca leaves from which 25 
cocaine, ecgonine, and derivatives of ecgonine or their salts have been 26 
removed; 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(e) Cocaine, its salts, optical and geometric isomers, and salts of isomers; 1 
(f) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; and 2 
(g) Any compound, mixture, or preparation which contains any quantity of any of 3 
the substances referred to in paragraphs (a) to (f) of this subsection; 4 
(34) "Opiate" means any substance having an addiction-forming or addiction-sustaining 5 
liability similar to morphine or being capable of conversion into a drug having 6 
addiction-forming or addiction-sustaining liability. It does not include, unless 7 
specifically designated as controlled under KRS 218A.020, the dextrorotatory 8 
isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does 9 
include its racemic and levorotatory forms; 10 
(35) "Opium poppy" means the plant of the species papaver somniferum L., except its 11 
seeds; 12 
(36) "Person" means individual, corporation, government or governmental subdivision 13 
or agency, business trust, estate, trust, partnership or association, or any other legal 14 
entity; 15 
(37) "Physical injury" has the same meaning it has in KRS 500.080; 16 
(38) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing; 17 
(39) "Pharmacist" means a natural person licensed by this state to engage in the practice 18 
of the profession of pharmacy; 19 
(40) "Practitioner" means a physician, dentist, podiatrist, veterinarian, scientific 20 
investigator, optometrist as authorized in KRS 320.240, advanced practice 21 
registered nurse as authorized under KRS 314.011, physician assistant as authorized 22 
under KRS 311.858, or other person licensed, registered, or otherwise permitted by 23 
state or federal law to acquire, distribute, dispense, conduct research with respect to, 24 
or to administer a controlled substance in the course of professional practice or 25 
research in this state. "Practitioner" also includes a physician, dentist, podiatrist, 26 
veterinarian, or advanced practice registered nurse authorized under KRS 314.011 27  UNOFFICIAL COPY  	24 RS BR 1404 
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who is a resident of and actively practicing in a state other than Kentucky and who 1 
is licensed and has prescriptive authority for controlled substances under the 2 
professional licensing laws of another state, unless the person's Kentucky license 3 
has been revoked, suspended, restricted, or probated, in which case the terms of the 4 
Kentucky license shall prevail; 5 
(41) "Practitioner-patient relationship," as used in KRS Chapter 218A and for criminal 6 
prosecution only, means a medical relationship that exists between a patient and a 7 
practitioner or the practitioner's designee, after the practitioner or his or her 8 
designee has conducted at least one (1) good-faith prior examination; 9 
(42) "Prescription" means a written, electronic, or oral order for a drug or medicine, or 10 
combination or mixture of drugs or medicines, or proprietary preparation, signed or 11 
given or authorized by a medical, dental, chiropody, veterinarian, optometric 12 
practitioner, or advanced practice registered nurse, and intended for use in the 13 
diagnosis, cure, mitigation, treatment, or prevention of disease in man or other 14 
animals; 15 
(43) "Prescription blank," with reference to a controlled substance, means a document 16 
that meets the requirements of KRS 218A.204 and 217.216; 17 
(44) "Presumptive probation" means a sentence of probation not to exceed the maximum 18 
term specified for the offense, subject to conditions otherwise authorized by law, 19 
that is presumed to be the appropriate sentence for certain offenses designated in 20 
this chapter, notwithstanding contrary provisions of KRS Chapter 533. That 21 
presumption shall only be overcome by a finding on the record by the sentencing 22 
court of substantial and compelling reasons why the defendant cannot be safely and 23 
effectively supervised in the community, is not amenable to community-based 24 
treatment, or poses a significant risk to public safety; 25 
(45) "Production" includes the manufacture, planting, cultivation, growing, or harvesting 26 
of a controlled substance; 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(46) "Recovery program" means an evidence-based, nonclinical service that assists 1 
individuals and families working toward sustained recovery from substance use and 2 
other criminal risk factors. This can be done through an array of support programs 3 
and services that are delivered through residential and nonresidential means; 4 
(47) "Salvia" means Salvia divinorum or Salvinorin A and includes all parts of the plant 5 
presently classified botanically as Salvia divinorum, whether growing or not, the 6 
seeds thereof, any extract from any part of that plant, and every compound, 7 
manufacture, derivative, mixture, or preparation of that plant, its seeds, or its 8 
extracts, including salts, isomers, and salts of isomers whenever the existence of 9 
such salts, isomers, and salts of isomers is possible within the specific chemical 10 
designation of that plant, its seeds, or extracts. The term shall not include any other 11 
species in the genus salvia; 12 
(48) "Second or subsequent offense" means that for the purposes of this chapter an 13 
offense is considered as a second or subsequent offense, if, prior to his or her 14 
conviction of the offense, the offender has at any time been convicted under this 15 
chapter, or under any statute of the United States, or of any state relating to 16 
substances classified as controlled substances or counterfeit substances, except that 17 
a prior conviction for a nontrafficking offense shall be treated as a prior offense 18 
only when the subsequent offense is a nontrafficking offense. For the purposes of 19 
this section, a conviction voided under KRS 218A.275 or 218A.276 shall not 20 
constitute a conviction under this chapter; 21 
(49) "Sell" means to dispose of a controlled substance to another person for 22 
consideration or in furtherance of commercial distribution; 23 
(50) "Serious physical injury" has the same meaning it has in KRS 500.080; 24 
(51) "Synthetic cannabinoids or piperazines" means any chemical compound which is 25 
not approved by the United States Food and Drug Administration or, if approved, 26 
which is not dispensed or possessed in accordance with state and federal law, that 27  UNOFFICIAL COPY  	24 RS BR 1404 
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contains Benzylpiperazine (BZP); Trifluoromethylphenylpiperazine (TFMPP); 1,1-1 
Dimethylheptyl-11-hydroxytetrahydrocannabinol (HU-210); 1-Butyl-3-(1-2 
naphthoyl)indole; 1-Pentyl-3-(1-naphthoyl)indole; dexanabinol (HU-211); or any 3 
compound in the following structural classes: 4 
(a) Naphthoylindoles: Any compound containing a 3-(1-naphthoyl)indole 5 
structure with substitution at the nitrogen atom of the indole ring by an alkyl, 6 
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-7 
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further 8 
substituted in the indole ring to any extent and whether or not substituted in 9 
the naphthyl ring to any extent. Examples of this structural class include but 10 
are not limited to JWH-015, JWH-018, JWH-019, JWH-073, JWH-081, JWH-11 
122, JWH-200, and AM-2201; 12 
(b) Phenylacetylindoles: Any compound containing a 3-phenylacetylindole 13 
structure with substitution at the nitrogen atom of the indole ring by an alkyl, 14 
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-15 
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether or not further 16 
substituted in the indole ring to any extent and whether or not substituted in 17 
the phenyl ring to any extent. Examples of this structural class include but are 18 
not limited to JWH-167, JWH-250, JWH-251, and RCS-8; 19 
(c) Benzoylindoles: Any compound containing a 3-(benzoyl)indole structure with 20 
substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 21 
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1 -(N-methyl-2-22 
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether or not further 23 
substituted in the indole ring to any extent and whether or not substituted in 24 
the phenyl ring to any extent. Examples of this structural class include but are 25 
not limited to AM-630, AM-2233, AM-694, Pravadoline (WIN 48,098), and 26 
RCS-4; 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(d) Cyclohexylphenols: Any compound containing a 2 -(3-1 
hydroxycyclohexyl)phenol structure with substitution at the 5-position of the 2 
phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, 3 
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl 4 
group whether or not substituted in the cyclohexyl ring to any extent. 5 
Examples of this structural class include but are not limited to CP 47,497 and 6 
its C8 homologue (cannabicyclohexanol); 7 
(e) Naphthylmethylindoles: Any compound containing a 1H-indol-3-yl-(1-8 
naphthyl)methane structure with substitution at the nitrogen atom of the 9 
indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 10 
1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether 11 
or not further substituted in the indole ring to any extent and whether or not 12 
substituted in the naphthyl ring to any extent. Examples of this structural class 13 
include but are not limited to JWH-175, JWH-184, and JWH-185; 14 
(f) Naphthoylpyrroles: Any compound containing a 3-(1-naphthoyl)pyrrole 15 
structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, 16 
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-17 
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether or not further 18 
substituted in the pyrrole ring to any extent and whether or not substituted in 19 
the naphthyl ring to any extent. Examples of this structural class include but 20 
are not limited to JWH-030, JWH-145, JWH-146, JWH-307, and JWH-368; 21 
(g) Naphthylmethylindenes: Any compound containing a 1 -(1-22 
naphthylmethyl)indene structure with substitution at the 3-position of the 23 
indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 24 
1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether 25 
or not further substituted in the indene ring to any extent and whether or not 26 
substituted in the naphthyl ring to any extent. Examples of this structural class 27  UNOFFICIAL COPY  	24 RS BR 1404 
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include but are not limited to JWH-176; 1 
(h) Tetramethylcyclopropanoylindoles: Any compound containing a 3-(1-2 
tetramethylcyclopropoyl)indole structure with substitution at the nitrogen 3 
atom of the indole ring by an alkyl, haloalkyl, cycloalkylmethyl, 4 
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl 5 
group, whether or not further substituted in the indole ring to any extent and 6 
whether or not further substituted in the tetramethylcyclopropyl ring to any 7 
extent. Examples of this structural class include but are not limited to UR-144 8 
and XLR-11; 9 
(i) Adamantoylindoles: Any compound containing a 3-(1-adamantoyl)indole 10 
structure with substitution at the nitrogen atom of the indole ring by an alkyl, 11 
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-12 
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further 13 
substituted in the indole ring to any extent and whether or not substituted in 14 
the adamantyl ring system to any extent. Examples of this structural class 15 
include but are not limited to AB-001 and AM-1248; or 16 
(j) Any other synthetic cannabinoid or piperazine which is not approved by the 17 
United States Food and Drug Administration or, if approved, which is not 18 
dispensed or possessed in accordance with state and federal law; 19 
(52) "Synthetic cathinones" means any chemical compound which is not approved by 20 
the United States Food and Drug Administration or, if approved, which is not 21 
dispensed or possessed in accordance with state and federal law (not including 22 
bupropion or compounds listed under a different schedule) structurally derived from 23 
2-aminopropan-1-one by substitution at the 1-position with either phenyl, naphthyl, 24 
or thiophene ring systems, whether or not the compound is further modified in one 25 
(1) or more of the following ways: 26 
(a) By substitution in the ring system to any extent with alkyl, alkylenedioxy, 27  UNOFFICIAL COPY  	24 RS BR 1404 
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alkoxy, haloalkyl, hydroxyl, or halide substituents, whether or not further 1 
substituted in the ring system by one (1) or more other univalent substituents. 2 
Examples of this class include but are not limited to 3,4 -3 
Methylenedioxycathinone (bk-MDA); 4 
(b) By substitution at the 3-position with an acyclic alkyl substituent. Examples 5 
of this class include but are not limited to 2-methylamino-1-phenylbutan-1-6 
one (buphedrone); 7 
(c) By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or 8 
methoxybenzyl groups, or by inclusion of the 2-amino nitrogen atom in a 9 
cyclic structure. Examples of this class include but are not limited to 10 
Dimethylcathinone, Ethcathinone, and -Pyrrolidinopropiophenone (-PPP); 11 
or 12 
(d) Any other synthetic cathinone which is not approved by the United States 13 
Food and Drug Administration or, if approved, is not dispensed or possessed 14 
in accordance with state or federal law; 15 
(53) "Synthetic drugs" means any synthetic cannabinoids or piperazines or any synthetic 16 
cathinones; 17 
(54) "Telehealth" has the same meaning it has in KRS 211.332; 18 
(55) "Tetrahydrocannabinols" means synthetic equivalents of the substances contained 19 
in the plant, or in the resinous extractives of the plant Cannabis, sp. or synthetic 20 
substances, derivatives, and their isomers with similar chemical structure and 21 
pharmacological activity such as the following: 22 
(a) Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers; 23 
(b) Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; and 24 
(c) Delta 3, 4 cis or trans tetrahydrocannabinol, and its optical isomers; 25 
(56) "Traffic," except as provided in KRS 218A.1431, means to manufacture, distribute, 26 
dispense, sell, transfer, or possess with intent to manufacture, distribute, dispense, 27  UNOFFICIAL COPY  	24 RS BR 1404 
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or sell a controlled substance; 1 
(57) "Transfer" means to dispose of a controlled substance to another person without 2 
consideration and not in furtherance of commercial distribution; and 3 
(58) "Ultimate user" means a person who lawfully possesses a controlled substance for 4 
his or her own use or for the use of a member of his or her household or for 5 
administering to an animal owned by him or her or by a member of his or her 6 
household. 7 
Section 27.   KRS 218A.1421 (Effective until January 1, 2025) is amended to 8 
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 14 of this Act. 12 
(2) Unless authorized by Sections 1 to 14 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 14 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 14 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 14 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  	24 RS BR 1404 
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(6) This section does not apply to: 1 
(a) An adult use cannabis licensee or consumer who is in compliance with 2 
Sections 1 to 14 of this Act; or 3 
(b) Transfers of one (1) ounce or less of marijuana without remuneration 4 
between two (2) persons who may legally possess marijuana under Sections 5 
1 to 14 of this Act. 6 
Section 28.   KRS 218A.1421 (Effective January 1, 2025) is amended to read as 7 
follows: 8 
(1) A person is guilty of trafficking in marijuana when he or she knowingly and 9 
unlawfully traffics in marijuana, and the trafficking is not in compliance with, or 10 
otherwise authorized by, KRS Chapter 218B or 245. 11 
(2) Unless authorized by KRS Chapter 218B or 245, trafficking in less than eight (8) 12 
ounces of marijuana is: 13 
(a) For a first offense a Class A misdemeanor. 14 
(b) For a second or subsequent offense a Class D felony. 15 
(3) Unless authorized by KRS Chapter 218B or 245, trafficking in eight (8) or more 16 
ounces but less than five (5) pounds of marijuana is: 17 
(a) For a first offense a Class D felony. 18 
(b) For a second or subsequent offense a Class C felony. 19 
(4) Unless authorized by KRS Chapter 218B or 245, trafficking in five (5) or more 20 
pounds of marijuana is: 21 
(a) For a first offense a Class C felony. 22 
(b) For a second or subsequent offense a Class B felony. 23 
(5) Unless authorized by KRS Chapter 218B or 245, the unlawful possession by any 24 
person of eight (8) or more ounces of marijuana shall be prima facie evidence that 25 
the person possessed the marijuana with the intent to sell or transfer it. 26 
(6) This section does not apply to: 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(a) A cannabis business or a cannabis business agent, as defined in KRS 1 
218B.010, when acting in compliance with KRS Chapter 218B;[ or] 2 
(b) A cardholder, as defined in KRS 218B.010, whose use of medicinal cannabis 3 
is in compliance with KRS Chapter 218B;  4 
(c) An adult use cannabis licensee or consumer who is in compliance with KRS 5 
Chapter 245; or 6 
(d) Transfers of one (1) ounce or less of marijuana without remuneration 7 
between two (2) persons who may legally possess marijuana under KRS 8 
Chapter 245. 9 
Section 29.   KRS 218A.1422 (Effective until January 1, 2025) is amended to 10 
read as follows: 11 
(1) A person is guilty of possession of marijuana when he or she knowingly and 12 
unlawfully possesses marijuana, and the possession is not in compliance with, or 13 
otherwise authorized by, Sections 1 to 14 of this Act. 14 
(2) Possession of marijuana is a Class B misdemeanor, except that, KRS Chapter 532 15 
to the contrary notwithstanding, the maximum term of incarceration shall be no 16 
greater than forty-five (45) days. 17 
(3) This section does not apply to a person whose possession of marijuana is in 18 
compliance with Sections 1 to 14 of this Act. 19 
Section 30.   KRS 218A.1422 (Effective January 1, 2025) is amended to read as 20 
follows: 21 
(1) A person is guilty of possession of marijuana when he or she knowingly and 22 
unlawfully possesses marijuana, and the possession is not in compliance with, or 23 
otherwise authorized by, KRS Chapter 218B or 245. 24 
(2) Possession of marijuana is a Class B misdemeanor, except that, KRS Chapter 532 25 
to the contrary notwithstanding, the maximum term of incarceration shall be no 26 
greater than forty-five (45) days. 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(3) This section does not apply to: 1 
(a) A cannabis business or a cannabis business agent, as defined in KRS 2 
218B.010, when acting in compliance with KRS Chapter 218B;[ or] 3 
(b) A cardholder, as defined in KRS 218B.010, whose use of medicinal cannabis 4 
is in compliance with KRS Chapter 218B; or 5 
(c) A person whose possession of marijuana is in compliance with KRS 6 
Chapter 245. 7 
Section 31.   KRS 218A.1423 (Effective until January 1, 2025) is amended to 8 
read as follows: 9 
(1) A person is guilty of marijuana cultivation when he or she knowingly and 10 
unlawfully plants, cultivates, or harvests marijuana with the intent to sell or transfer 11 
it, and the cultivation is not in compliance with, or otherwise authorized by, 12 
Sections 1 to 14 of this Act. 13 
(2) Unless authorized by Sections 1 to 14 of this Act, marijuana cultivation of five (5) 14 
or more plants of marijuana is: 15 
(a) For a first offense a Class D felony. 16 
(b) For a second or subsequent offense a Class C felony. 17 
(3) Unless authorized by Sections 1 to 14 of this Act, marijuana cultivation of fewer 18 
than five (5) plants is: 19 
(a) For a first offense a Class A misdemeanor. 20 
(b) For a second or subsequent offense a Class D felony. 21 
(4) Unless authorized by Sections 1 to 14 of this Act, the planting, cultivating, or 22 
harvesting of five (5) or more marijuana plants shall be prima facie evidence that 23 
the marijuana plants were planted, cultivated, or harvested for the purpose of sale or 24 
transfer. 25 
(5) This section does not apply to a cultivator or microbusiness holding a license 26 
under Sections 1 to 14 of this Act when the licensee is cultivating marijuana in 27  UNOFFICIAL COPY  	24 RS BR 1404 
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compliance with Sections 1 to 14 of this Act. 1 
Section 32.   KRS 218A.1423 (Effective January 1, 2025) is amended to read as 2 
follows: 3 
(1) A person is guilty of marijuana cultivation when he or she knowingly and 4 
unlawfully plants, cultivates, or harvests marijuana with the intent to sell or transfer 5 
it, and the cultivation is not in compliance with, or otherwise authorized by, KRS 6 
Chapter 218B or 245. 7 
(2) Unless authorized by KRS Chapter 218B or 245, marijuana cultivation of five (5) 8 
or more plants of marijuana is: 9 
(a) For a first offense a Class D felony. 10 
(b) For a second or subsequent offense a Class C felony. 11 
(3) Unless authorized by KRS Chapter 218B or 245, marijuana cultivation of fewer 12 
than five (5) plants is: 13 
(a) For a first offense a Class A misdemeanor. 14 
(b) For a second or subsequent offense a Class D felony. 15 
(4) Unless authorized by KRS Chapter 218B or 245, the planting, cultivating, or 16 
harvesting of five (5) or more marijuana plants shall be prima facie evidence that 17 
the marijuana plants were planted, cultivated, or harvested for the purpose of sale or 18 
transfer. 19 
(5) This section does not apply to:  20 
(a) A cannabis business or a cannabis business agent, as defined in KRS 21 
218B.010, when acting in compliance with KRS Chapter 218B; or 22 
(b) A cultivator or microbusiness holding a license under Sections 1 to 14 of 23 
this Act when the licensee is cultivating marijuana in compliance with 24 
Sections 1 to 14 of this Act. 25 
Section 33.   KRS 218A.500 is amended to read as follows: 26 
As used in this section and KRS 218A.510: 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(1) "Drug paraphernalia" means all equipment, products and materials of any kind 1 
which are used, intended for use, or designed for use in planting, propagating, 2 
cultivating, growing, harvesting, manufacturing, compounding, converting, 3 
producing, processing, preparing, testing, analyzing, packaging, repackaging, 4 
storing, containing, concealing, injecting, ingesting, inhaling, or otherwise 5 
introducing into the human body a controlled substance in violation of this chapter. 6 
The term "drug paraphernalia" does not include medicinal cannabis accessories as 7 
defined in KRS 218B.010, cannabis accessories as defined in Section 1 of this 8 
Act, and items used in adult use cannabis cultivation, processing, transportation, 9 
sale, testing, consumption, use, or any other authorized activity licensed under 10 
Sections 1 to 14 of this Act. It includes but is not limited to: 11 
(a) Kits used, intended for use, or designed for use in planting, propagating, 12 
cultivating, growing, or harvesting of any species of plant which is a 13 
controlled substance or from which a controlled substance can be derived; 14 
(b) Kits used, intended for use, or designed for use in manufacturing, 15 
compounding, converting, producing, processing, or preparing controlled 16 
substances; 17 
(c) Isomerization devices used, intended for use, or designed for use in increasing 18 
the potency of any species of plant which is a controlled substance; 19 
(d) Except as provided in subsection (7) of this section, testing equipment used, 20 
intended for use, or designed for use in analyzing the strength, effectiveness, 21 
or purity of controlled substances; 22 
(e) Scales and balances used, intended for use, or designed for use in weighing or 23 
measuring controlled substances; 24 
(f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, 25 
dextrose and lactose, used, intended for use, or designed for use in cutting 26 
controlled substances; 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(g) Separation gins and sifters used, intended for use, or designed for use in 1 
removing twigs and seeds from, or in otherwise cleaning or refining 2 
marijuana; 3 
(h) Blenders, bowls, containers, spoons, and mixing devices used, intended for 4 
use, or designed for use in compounding controlled substances; 5 
(i) Capsules, balloons, envelopes, and other containers used, intended for use, or 6 
designed for use in packaging small quantities of controlled substances; 7 
(j) Containers and other objects used, intended for use, or designed for use in 8 
storing or concealing controlled substances; 9 
(k) Hypodermic syringes, needles, and other objects used, intended for use, or 10 
designed for use in parenterally injecting controlled substances into the human 11 
body; and 12 
(l) Objects used, intended for use, or designed for use in ingesting, inhaling, or 13 
otherwise introducing marijuana, cocaine, hashish, or hashish oil into the 14 
human body, such as: metal, wooden, acrylic, glass, stone, plastic, or ceramic 15 
pipes with or without screens, permanent screens, hashish heads, or punctured 16 
metal bowls; water pipes; carburetion tubes and devices; smoking and 17 
carburetion masks; roach clips which mean objects used to hold burning 18 
material, such as marijuana cigarettes, that have become too small or too short 19 
to be held in the hand; miniature cocaine spoons, and cocaine vials; chamber 20 
pipes; carburetor pipes; electric pipes; air-driven pipes; chillums; bongs; ice 21 
pipes or chillers. 22 
(2) It is unlawful for any person to use, or to possess with intent to use, drug 23 
paraphernalia for the purpose of planting, propagating, cultivating, growing, 24 
harvesting, manufacturing, compounding, converting, producing, processing, 25 
preparing, testing, analyzing, packing, repacking, storing, containing, concealing, 26 
injecting, ingesting, inhaling, or otherwise introducing into the human body a 27  UNOFFICIAL COPY  	24 RS BR 1404 
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controlled substance in violation of this chapter. 1 
(3) It is unlawful for any person to deliver, possess with intent to deliver, or 2 
manufacture with intent to deliver, drug paraphernalia, knowing, or under 3 
circumstances where one reasonably should know, that it will be used to plant, 4 
propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, 5 
process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, 6 
inhale, or otherwise introduce into the human body a controlled substance in 7 
violation of this chapter. 8 
(4) It is unlawful for any person to place in any newspaper, magazine, handbill, or 9 
other publication any advertisement, knowing, or under circumstances where one 10 
reasonably should know, that the purpose of the advertisement, in whole or in part, 11 
is to promote the sale of objects designed or intended for use as drug paraphernalia. 12 
(5) (a) This section shall not prohibit a local health department from operating a 13 
substance abuse treatment outreach program which allows participants to 14 
exchange hypodermic needles and syringes. 15 
(b) To operate a substance abuse treatment outreach program under this 16 
subsection, the local health department shall have the consent, which may be 17 
revoked at any time, of the local board of health and: 18 
1. The legislative body of the first or home rule class city in which the 19 
program would operate if located in such a city; and 20 
2. The legislative body of the county, urban-county government, or 21 
consolidated local government in which the program would operate. 22 
(c) Items exchanged at the program shall not be deemed drug paraphernalia under 23 
this section while located at the program. 24 
(6) (a) Prior to searching a person, a person's premises, or a person's vehicle, a peace 25 
officer may inquire as to the presence of needles or other sharp objects in the 26 
areas to be searched that may cut or puncture the officer and offer to not 27  UNOFFICIAL COPY  	24 RS BR 1404 
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charge a person with possession of drug paraphernalia if the person declares 1 
to the officer the presence of the needle or other sharp object. If, in response 2 
to the offer, the person admits to the presence of the needle or other sharp 3 
object prior to the search, the person shall not be charged with or prosecuted 4 
for possession of drug paraphernalia for the needle or sharp object or for 5 
possession of a controlled substance for residual or trace drug amounts 6 
present on the needle or sharp object. 7 
(b) The exemption under this subsection shall not apply to any other drug 8 
paraphernalia that may be present and found during the search or to controlled 9 
substances present in other than residual or trace amounts. 10 
(7) (a) This section shall not prohibit the retail sale of hypodermic syringes and 11 
needles without a prescription in pharmacies. 12 
(b) Hypodermic syringe and needle inventory of a pharmacy shall not be deemed 13 
drug paraphernalia under this section. 14 
(c) 1. Except as provided in subparagraph 2. of this paragraph, narcotic drug 15 
testing products utilized in determining whether a controlled substance 16 
contains a synthetic opioid or its analogues shall not be deemed drug 17 
paraphernalia under this section. 18 
2. A narcotic drug testing product that is utilized in conjunction with the 19 
importation, manufacture, or selling of fentanyl or a fentanyl analogue 20 
in violation of this chapter shall be deemed drug paraphernalia under 21 
this section. 22 
(d) Notwithstanding any other statute to the contrary, possession of a narcotic 23 
drug testing product used in accordance with paragraph (c)1. of this 24 
subsection that contains residual or trace amounts of a synthetic opioid or an 25 
analogue thereof shall not be prosecuted as possession of a controlled 26 
substance under any provision of this chapter. 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(8) Any person who violates any provision of this section shall be guilty of a Class A 1 
misdemeanor. 2 
Section 34.   KRS 260.850 is amended to read as follows: 3 
As used in KRS 260.850 to 260.869: 4 
(1) "Commissioner" means the Commissioner of the Kentucky Department of 5 
Agriculture; 6 
(2) "Cultivating" means planting, growing, and harvesting a plant or crop; 7 
(3) "Department" means the Kentucky Department of Agriculture; 8 
(4) "Handling" means possessing or storing hemp for any period of time on premises 9 
owned, operated, or controlled by a person licensed to cultivate or process hemp. 10 
"Handling" also includes possessing or storing hemp in a vehicle for any period of 11 
time other than during its actual transport from the premises of a licensed person to 12 
cultivate or process hemp to the premises of another licensed person; 13 
(5) "Hemp" or "industrial hemp": 14 
(a) Means the plant Cannabis sativa L. and any part of that plant, including the 15 
seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, 16 
and salts of isomers, whether growing or not, with a delta-9 17 
tetrahydrocannabinol concentration of not more than three-tenths of one 18 
percent (0.3%) on a dry weight basis; and 19 
(b) Does not include medicinal cannabis as defined in KRS 218B.010 or adult 20 
use cannabis as defined in Section 1 of this Act; 21 
(6) "Hemp products" or "industrial hemp products": 22 
(a) Means products derived from, or made by, processing hemp plants or plant 23 
parts; and 24 
(b) Does not include medicinal cannabis products as defined in KRS 218B.010 or 25 
adult use cannabis as defined in Section 1 of this Act; 26 
(7) "Licensee" means an individual or business entity possessing a license issued by the 27  UNOFFICIAL COPY  	24 RS BR 1404 
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department under the authority of this chapter to grow, handle, cultivate, process, or 1 
market hemp or hemp products; 2 
(8) "Marketing" means promoting or selling a product within the Commonwealth, in 3 
another state, or outside of the United States. "Marketing" includes efforts to 4 
advertise and gather information about the needs or preferences of potential 5 
consumers or suppliers; 6 
(9) "Processing" means converting an agricultural commodity into a marketable form; 7 
and 8 
(10) "University" means an accredited institution of higher education located in the 9 
Commonwealth. 10 
SECTION 35.   A NEW SECTION OF KRS CHAPTER 431 IS CREATED TO 11 
READ AS FOLLOWS: 12 
(1) Any person who has been convicted of a misdemeanor for possession of 13 
marijuana or possession, delivery, or manufacture of marijuana-related drug 14 
paraphernalia may petition the court in which that person was convicted for 15 
expungement of the person's record, including a record of any charges for 16 
misdemeanors, violations, or traffic infractions that were dismissed or amended 17 
in the criminal action. 18 
(2) For a petition brought under this section, the court shall order expunged all 19 
records in the custody of the court and any records in the custody of any other 20 
agency or official, including law enforcement records, if the court finds that the 21 
offense was for a misdemeanor possession of marijuana or marijuana-related 22 
drug paraphernalia or the delivery or manufacture of marijuana-related drug 23 
paraphernalia. 24 
(3) Upon the entry of an order to expunge the records: 25 
(a) The proceedings in the case shall be deemed never to have occurred; 26 
(b) The court and other agencies shall cause records to be deleted or removed 27  UNOFFICIAL COPY  	24 RS BR 1404 
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from their computer systems so that the matter shall not appear on official 1 
state-performed background checks; 2 
(c) The person and the court may properly reply that no record exists with 3 
respect to the person upon any inquiry in the matter; and 4 
(d) The person whose record is expunged shall not have to disclose the fact of 5 
the record or any related matter on an application for employment, credit, 6 
or other type of application. 7 
(4) There shall be no filing fee or court costs for a petition under this section. 8 
(5) Copies of the order shall be sent to the Department of Kentucky State Police 9 
Criminal Identifications and Records Branch and to each agency or official 10 
named in the order. 11 
(6) Inspection of the records included in the order may thereafter be permitted by the 12 
court only upon petition by the person who is the subject of the records and only 13 
to those persons named in the petition. 14 
(7) This section shall be retroactive. 15 
Section 36.   KRS 431.079 is amended to read as follows: 16 
(1) Every petition or application filed seeking expungement of a conviction, except for 17 
a petition filed under Section 35 of this Act, shall include a certification of 18 
eligibility for expungement. The Department of Kentucky State Police and the 19 
Administrative Office of the Courts shall certify that the agencies have conducted a 20 
criminal background check on the petitioner and whether or not the petitioner is 21 
eligible to have the requested record expunged. The Department of Kentucky State 22 
Police shall promulgate administrative regulations to implement this section, in 23 
consultation with the Administrative Office of the Courts. 24 
(2) Nothing in this section shall be construed to prohibit the expungement of a case 25 
ordered by a court of competent jurisdiction. 26 
(3) For the purposes of this section, KRS 431.073, 431.076, and 431.078, 27  UNOFFICIAL COPY  	24 RS BR 1404 
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"expungement" means the removal or deletion of records by the court and other 1 
agencies which prevents the matter from appearing on official state-performed 2 
background checks. 3 
Section 37.   KRS 131.1815 is amended to read as follows: 4 
(1) Whenever it is determined that a taxpayer[,] who holds a license under KRS 5 
Chapter 243 or 245[,] is a delinquent taxpayer as defined in subsection (2) of this 6 
section, the department may, after giving notice as provided in subsection (3) of this 7 
section, submit the name of the taxpayer to:  8 
(a) The Department of Alcoholic Beverage Control for revocation of any license 9 
issued under KRS Chapter 243; or 10 
(b) The Adult Use Cannabis Control Board for revocation of any license issued 11 
under KRS Chapter 245. 12 
(2) Any of the following situations shall be sufficient to cause a taxpayer to be 13 
classified as a "delinquent taxpayer" for purposes of this section: 14 
(a) When a taxpayer has an overdue state tax liability arising directly or indirectly 15 
from the: 16 
1. Manufacture, sale, transportation, or distribution of alcoholic beverages; 17 
or[,] 18 
2. Cultivation, processing, or sale of cannabis, cannabis products, and 19 
cannabis accessories as authorized by Sections 1 to 14 of this Act; 20 
 for which all protest and appeal rights granted by law have expired, and the 21 
taxpayer has been contacted by the department concerning the overdue tax 22 
liability. This does not include a taxpayer who is making current timely 23 
installment payments on the overdue tax liability under agreement with the 24 
department; 25 
(b) When a taxpayer has not filed a required tax return as of ninety (90) days after 26 
the due date or after the extended due date, and the taxpayer has been 27  UNOFFICIAL COPY  	24 RS BR 1404 
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contacted by the department concerning the delinquent return; or 1 
(c) When an owner, partner, or corporate officer of a proprietorship, partnership, 2 
or corporation holding a license under KRS Chapter 243 or 245 held a similar 3 
position in a business whose license was revoked as a "delinquent taxpayer," 4 
and the tax liability remains unpaid as of ninety (90) days after the due date. 5 
(3) At least twenty (20) days before submitting a taxpayer's name to the Department of 6 
Alcoholic Beverage Control or the Adult Use Cannabis Control Board as provided 7 
in subsection (1) of this section, the department shall notify the taxpayer by 8 
certified mail that the action is to be taken. The notice shall state the reason for the 9 
action and shall set out the amount of any tax liability including any applicable 10 
penalties and interest and any other area of noncompliance that shall[must] be 11 
satisfied in order to prevent the submission of the taxpayer's[his] name to the 12 
Department of Alcoholic Beverage Control or the Adult Use Cannabis Control 13 
Board as a delinquent taxpayer. 14 
Section 38.   KRS 600.020 is amended to read as follows: 15 
As used in KRS Chapters 600 to 645, unless the context otherwise requires: 16 
(1) "Abused or neglected child" means a child whose health or welfare is harmed or 17 
threatened with harm when: 18 
(a) His or her parent, guardian, person in a position of authority or special trust, 19 
as defined in KRS 532.045, or other person exercising custodial control or 20 
supervision of the child: 21 
1. Inflicts or allows to be inflicted upon the child physical or emotional 22 
injury as defined in this section by other than accidental means; 23 
2. Creates or allows to be created a risk of physical or emotional injury as 24 
defined in this section to the child by other than accidental means; 25 
3. Engages in a pattern of conduct that renders the parent incapable of 26 
caring for the immediate and ongoing needs of the child, including but 27  UNOFFICIAL COPY  	24 RS BR 1404 
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not limited to parental incapacity due to a substance use disorder as 1 
defined in KRS 222.005; 2 
4. Continuously or repeatedly fails or refuses to provide essential parental 3 
care and protection for the child, considering the age of the child; 4 
5. Commits or allows to be committed an act of sexual abuse, sexual 5 
exploitation, or prostitution upon the child; 6 
6. Creates or allows to be created a risk that an act of sexual abuse, sexual 7 
exploitation, or prostitution will be committed upon the child; 8 
7. Abandons or exploits the child; 9 
8. Does not provide the child with adequate care, supervision, food, 10 
clothing, shelter, and education or medical care necessary for the child's 11 
well-being when financially able to do so or offered financial or other 12 
means to do so. A parent or other person exercising custodial control or 13 
supervision of the child legitimately practicing the person's religious 14 
beliefs shall not be considered a negligent parent solely because of 15 
failure to provide specified medical treatment for a child for that reason 16 
alone. This exception shall not preclude a court from ordering necessary 17 
medical services for a child; 18 
9. Fails to make sufficient progress toward identified goals as set forth in 19 
the court-approved case plan to allow for the safe return of the child to 20 
the parent that results in the child remaining committed to the cabinet 21 
and remaining in foster care for fifteen (15) cumulative months out of 22 
forty-eight (48) months; or 23 
10. Commits or allows female genital mutilation as defined in KRS 508.125 24 
to be committed; or 25 
(b) A person twenty-one (21) years of age or older commits or allows to be 26 
committed an act of sexual abuse, sexual exploitation, or prostitution upon a 27  UNOFFICIAL COPY  	24 RS BR 1404 
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child less than sixteen (16) years of age; 1 
(2) "Age or developmentally appropriate" has the same meaning as in 42 U.S.C. sec. 2 
675(11); 3 
(3) "Aggravated circumstances" means the existence of one (1) or more of the 4 
following conditions: 5 
(a) The parent has not attempted or has not had contact with the child for a period 6 
of not less than ninety (90) days; 7 
(b) The parent is incarcerated and will be unavailable to care for the child for a 8 
period of at least one (1) year from the date of the child's entry into foster care 9 
and there is no appropriate relative placement available during this period of 10 
time; 11 
(c) The parent has sexually abused the child and has refused available treatment; 12 
(d) The parent has been found by the cabinet to have engaged in abuse of the 13 
child that required removal from the parent's home two (2) or more times in 14 
the past two (2) years; or 15 
(e) The parent has caused the child serious physical injury; 16 
(4) "Beyond the control of parents" means a child who has repeatedly failed to follow 17 
the reasonable directives of his or her parents, legal guardian, or person exercising 18 
custodial control or supervision other than a state agency, which behavior results in 19 
danger to the child or others, and which behavior does not constitute behavior that 20 
would warrant the filing of a petition under KRS Chapter 645; 21 
(5) "Beyond the control of school" means any child who has been found by the court to 22 
have repeatedly violated the lawful regulations for the government of the school as 23 
provided in KRS 158.150, and as documented in writing by the school as a part of 24 
the school's petition or as an attachment to the school's petition. The petition or 25 
attachment shall describe the student's behavior and all intervention strategies 26 
attempted by the school; 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(6) "Boarding home" means a privately owned and operated home for the boarding and 1 
lodging of individuals which is approved by the Department of Juvenile Justice or 2 
the cabinet for the placement of children committed to the department or the 3 
cabinet; 4 
(7) "Cabinet" means the Cabinet for Health and Family Services; 5 
(8) "Certified juvenile facility staff" means individuals who meet the qualifications of, 6 
and who have completed a course of education and training in juvenile detention 7 
developed and approved by, the Department of Juvenile Justice after consultation 8 
with other appropriate state agencies; 9 
(9) "Child" means any person who has not reached his or her eighteenth birthday, 10 
unless otherwise provided; 11 
(10) "Child-caring facility" means any facility or group home other than a state facility, 12 
Department of Juvenile Justice contract facility or group home, or one certified by 13 
an appropriate agency as operated primarily for educational or medical purposes, 14 
providing residential care on a twenty-four (24) hour basis to children not related by 15 
blood, adoption, or marriage to the person maintaining the facility; 16 
(11) "Child-placing agency" means any agency, other than a state agency, which 17 
supervises the placement of children in foster family homes or child-caring 18 
facilities or which places children for adoption; 19 
(12) "Clinical treatment facility" means a facility with more than eight (8) beds 20 
designated by the Department of Juvenile Justice or the cabinet for the treatment of 21 
mentally ill children. The treatment program of such facilities shall be supervised 22 
by a qualified mental health professional; 23 
(13) "Commitment" means an order of the court which places a child under the custodial 24 
control or supervision of the Cabinet for Health and Family Services, Department 25 
of Juvenile Justice, or another facility or agency until the child attains the age of 26 
eighteen (18) unless otherwise provided by law; 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(14) "Community-based facility" means any nonsecure, homelike facility licensed, 1 
operated, or permitted to operate by the Department of Juvenile Justice or the 2 
cabinet, which is located within a reasonable proximity of the child's family and 3 
home community, which affords the child the opportunity, if a Kentucky resident, 4 
to continue family and community contact; 5 
(15) "Complaint" means a verified statement setting forth allegations in regard to the 6 
child which contain sufficient facts for the formulation of a subsequent petition; 7 
(16) "Court" means the juvenile session of District Court unless a statute specifies the 8 
adult session of District Court or the Circuit Court; 9 
(17) "Court-designated worker" means that organization or individual delegated by the 10 
Administrative Office of the Courts for the purposes of placing children in 11 
alternative placements prior to arraignment, conducting preliminary investigations, 12 
and formulating, entering into, and supervising diversion agreements and 13 
performing such other functions as authorized by law or court order; 14 
(18) "Deadly weapon" has the same meaning as it does in KRS 500.080; 15 
(19) "Department" means the Department for Community Based Services; 16 
(20) "Dependent child" means any child, other than an abused or neglected child, who is 17 
under improper care, custody, control, or guardianship that is not due to an 18 
intentional act of the parent, guardian, or person exercising custodial control or 19 
supervision of the child; 20 
(21) "Detention" means the safe and temporary custody of a juvenile who is accused of 21 
conduct subject to the jurisdiction of the court who requires a restricted or closely 22 
supervised environment for his or her own or the community's protection; 23 
(22) "Detention hearing" means a hearing held by a judge or trial commissioner within 24 
twenty-four (24) hours, exclusive of weekends and holidays, of the start of any 25 
period of detention prior to adjudication; 26 
(23) "Diversion agreement" means a mechanism designed to hold a child accountable 27  UNOFFICIAL COPY  	24 RS BR 1404 
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for his or her behavior and, if appropriate, securing services to serve the best 1 
interest of the child and to provide redress for that behavior without court action 2 
and without the creation of a formal court record; 3 
(24) "Eligible youth" means a person who: 4 
(a) Is or has been committed to the cabinet as dependent, neglected, or abused; 5 
(b) Is eighteen (18) years of age to nineteen (19) years of age; and 6 
(c) Is requesting to extend or reinstate his or her commitment to the cabinet in 7 
order to participate in state or federal educational programs or to establish 8 
independent living arrangements; 9 
(25) "Emergency shelter" is a group home, private residence, foster home, or similar 10 
homelike facility which provides temporary or emergency care of children and 11 
adequate staff and services consistent with the needs of each child; 12 
(26) "Emotional injury" means an injury to the mental or psychological capacity or 13 
emotional stability of a child as evidenced by a substantial and observable 14 
impairment in the child's ability to function within a normal range of performance 15 
and behavior with due regard to his or her age, development, culture, and 16 
environment as testified to by a qualified mental health professional; 17 
(27) "Evidence-based practices" means policies, procedures, programs, and practices 18 
proven by scientific research to reliably produce reductions in recidivism; 19 
(28) "Fictive kin" means an individual who is not related by birth, adoption, or marriage 20 
to a child, but who has an emotionally significant relationship with the child, or an 21 
emotionally significant relationship with a biological parent, siblings, or half-22 
siblings of the child in the case of a child from birth to twelve (12) months of age, 23 
prior to placement; 24 
(29) "Firearm" shall have the same meaning as in KRS 237.060 and 527.010; 25 
(30) "Foster family home" means a private home in which children are placed for foster 26 
family care under supervision of the cabinet or a licensed child-placing agency; 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(31) "Graduated sanction" means any of a continuum of accountability measures, 1 
programs, and sanctions, ranging from less restrictive to more restrictive in nature, 2 
that may include but are not limited to: 3 
(a) Electronic monitoring; 4 
(b) Drug and alcohol screening, testing, or monitoring; 5 
(c) Day or evening reporting centers; 6 
(d) Reporting requirements; 7 
(e) Community service; and 8 
(f) Rehabilitative interventions such as family counseling, substance abuse 9 
treatment, restorative justice programs, and behavioral or mental health 10 
treatment; 11 
(32) "Habitual runaway" means any child who has been found by the court to have been 12 
absent from his or her place of lawful residence without the permission of his or her 13 
custodian for at least three (3) days during a one (1) year period; 14 
(33) "Habitual truant" means any child who has been found by the court to have been 15 
reported as a truant as defined in KRS 159.150(1) two (2) or more times during a 16 
one (1) year period; 17 
(34) "Hospital" means, except for purposes of KRS Chapter 645, a licensed private or 18 
public facility, health care facility, or part thereof, which is approved by the cabinet 19 
to treat children; 20 
(35) "Independent living" means those activities necessary to assist a committed child to 21 
establish independent living arrangements; 22 
(36) "Informal adjustment" means an agreement reached among the parties, with 23 
consultation, but not the consent, of the victim of the crime or other persons 24 
specified in KRS 610.070 if the victim chooses not to or is unable to participate, 25 
after a petition has been filed, which is approved by the court, that the best interest 26 
of the child would be served without formal adjudication and disposition; 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(37) "Intentionally" means, with respect to a result or to conduct described by a statute 1 
which defines an offense, that the actor's conscious objective is to cause that result 2 
or to engage in that conduct; 3 
(38) "Least restrictive alternative" means, except for purposes of KRS Chapter 645, that 4 
the program developed on the child's behalf is no more harsh, hazardous, or 5 
intrusive than necessary; or involves no restrictions on physical movements nor 6 
requirements for residential care except as reasonably necessary for the protection 7 
of the child from physical injury; or protection of the community, and is conducted 8 
at the suitable available facility closest to the child's place of residence to allow for 9 
appropriate family engagement; 10 
(39) "Motor vehicle offense" means any violation of the nonfelony provisions of KRS 11 
Chapters 186, 189, or 189A, KRS 177.300, 304.39-110, or 304.39-117; 12 
(40) "Near fatality" means an injury that, as certified by a physician, places a child in 13 
serious or critical condition; 14 
(41) "Needs of the child" means necessary food, clothing, health, shelter, and education; 15 
(42) "Nonoffender" means a child alleged to be dependent, neglected, or abused and 16 
who has not been otherwise charged with a status or public offense; 17 
(43) "Nonsecure facility" means a facility which provides its residents access to the 18 
surrounding community and which does not rely primarily on the use of physically 19 
restricting construction and hardware to restrict freedom; 20 
(44) "Nonsecure setting" means a nonsecure facility or a residential home, including a 21 
child's own home, where a child may be temporarily placed pending further court 22 
action. Children before the court in a county that is served by a state operated 23 
secure detention facility, who are in the detention custody of the Department of 24 
Juvenile Justice, and who are placed in a nonsecure alternative by the Department 25 
of Juvenile Justice, shall be supervised by the Department of Juvenile Justice; 26 
(45) "Out-of-home placement" means a placement other than in the home of a parent, 27  UNOFFICIAL COPY  	24 RS BR 1404 
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relative, or guardian, in a boarding home, clinical treatment facility, community-1 
based facility, detention facility, emergency shelter, fictive kin home, foster family 2 
home, hospital, nonsecure facility, physically secure facility, residential treatment 3 
facility, or youth alternative center; 4 
(46) "Parent" means the biological or adoptive mother or father of a child; 5 
(47) "Person exercising custodial control or supervision" means a person or agency that 6 
has assumed the role and responsibility of a parent or guardian for the child, but that 7 
does not necessarily have legal custody of the child; 8 
(48) "Petition" means a verified statement, setting forth allegations in regard to the child, 9 
which initiates formal court involvement in the child's case; 10 
(49) "Physical injury" means substantial physical pain or any impairment of physical 11 
condition; 12 
(50) "Physically secure facility" means a facility that relies primarily on the use of 13 
construction and hardware such as locks, bars, and fences to restrict freedom; 14 
(51) "Public offense action" means an action, excluding contempt, brought in the interest 15 
of a child who is accused of committing an offense under KRS Chapter 527 or a 16 
public offense which, if committed by an adult, would be a crime, whether the same 17 
is a felony, misdemeanor, or violation, other than an action alleging that a child 18 
sixteen (16) years of age or older has committed a motor vehicle offense; 19 
(52) "Qualified mental health professional" means: 20 
(a) A physician licensed under the laws of Kentucky to practice medicine or 21 
osteopathy, or a medical officer of the government of the United States while 22 
engaged in the performance of official duties; 23 
(b) A psychiatrist licensed under the laws of Kentucky to practice medicine or 24 
osteopathy, or a medical officer of the government of the United States while 25 
engaged in the practice of official duties, and who is certified or eligible to 26 
apply for certification by the American Board of Psychiatry and Neurology, 27  UNOFFICIAL COPY  	24 RS BR 1404 
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Inc.; 1 
(c) A psychologist with the health service provider designation, a psychological 2 
practitioner, a certified psychologist, or a psychological associate licensed 3 
under the provisions of KRS Chapter 319; 4 
(d) A licensed registered nurse with a master's degree in psychiatric nursing from 5 
an accredited institution and two (2) years of clinical experience with 6 
mentally ill persons, or a licensed registered nurse with a bachelor's degree in 7 
nursing from an accredited institution who is certified as a psychiatric and 8 
mental health nurse by the American Nurses Association and who has three 9 
(3) years of inpatient or outpatient clinical experience in psychiatric nursing 10 
and who is currently employed by a hospital or forensic psychiatric facility 11 
licensed by the Commonwealth or a psychiatric unit of a general hospital, a 12 
private agency or company engaged in providing mental health services, or a 13 
regional comprehensive care center; 14 
(e) A licensed clinical social worker licensed under the provisions of KRS 15 
335.100, or a certified social worker licensed under the provisions of KRS 16 
335.080 with three (3) years of inpatient or outpatient clinical experience in 17 
psychiatric social work and currently employed by a hospital or forensic 18 
psychiatric facility licensed by the Commonwealth, a psychiatric unit of a 19 
general hospital, a private agency or company engaged in providing mental 20 
health services, or a regional comprehensive care center; 21 
(f) A marriage and family therapist licensed under the provisions of KRS 22 
335.300 to 335.399 with three (3) years of inpatient or outpatient clinical 23 
experience in psychiatric mental health practice and currently employed by a 24 
hospital or forensic psychiatric facility licensed by the Commonwealth, a 25 
psychiatric unit of a general hospital, a private agency or company engaged in 26 
providing mental health services, or a regional comprehensive care center; 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(g) A professional counselor credentialed under the provisions of KRS 335.500 to 1 
335.599 with three (3) years of inpatient or outpatient clinical experience in 2 
psychiatric mental health practice and currently employed by a hospital or 3 
forensic facility licensed by the Commonwealth, a psychiatric unit of a 4 
general hospital, a private agency or company engaged in providing mental 5 
health services, or a regional comprehensive care center; or 6 
(h) A physician assistant licensed under KRS 311.840 to 311.862, who meets one 7 
(1) of the following requirements: 8 
1. Provides documentation that he or she has completed a psychiatric 9 
residency program for physician assistants; 10 
2. Has completed at least one thousand (1,000) hours of clinical experience 11 
under a supervising physician, as defined by KRS 311.840, who is a 12 
psychiatrist and is certified or eligible for certification by the American 13 
Board of Psychiatry and Neurology, Inc.; 14 
3. Holds a master's degree from a physician assistant program accredited 15 
by the Accreditation Review Commission on Education for the 16 
Physician Assistant or its predecessor or successor agencies, is 17 
practicing under a supervising physician as defined by KRS 311.840, 18 
and: 19 
a. Has two (2) years of clinical experience in the assessment, 20 
evaluation, and treatment of mental disorders; or 21 
b. Has been employed by a hospital or forensic psychiatric facility 22 
licensed by the Commonwealth or a psychiatric unit of a general 23 
hospital or a private agency or company engaged in the provision 24 
of mental health services or a regional community program for 25 
mental health and individuals with an intellectual disability for at 26 
least two (2) years; or 27  UNOFFICIAL COPY  	24 RS BR 1404 
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4. Holds a bachelor's degree, possesses a current physician assistant 1 
certificate issued by the board prior to July 15, 2002, is practicing under 2 
a supervising physician as defined by KRS 311.840, and: 3 
a. Has three (3) years of clinical experience in the assessment, 4 
evaluation, and treatment of mental disorders; or 5 
b. Has been employed by a hospital or forensic psychiatric facility 6 
licensed by the Commonwealth or a psychiatric unit of a general 7 
hospital or a private agency or company engaged in the provision 8 
of mental health services or a regional community program for 9 
mental health and individuals with an intellectual disability for at 10 
least three (3) years; 11 
(53) "Reasonable and prudent parent standard" has the same meaning as in 42 U.S.C. 12 
sec. 675(10); 13 
(54) "Residential treatment facility" means a facility or group home with more than eight 14 
(8) beds designated by the Department of Juvenile Justice or the cabinet for the 15 
treatment of children; 16 
(55) "Retain in custody" means, after a child has been taken into custody, the continued 17 
holding of the child by a peace officer for a period of time not to exceed twelve (12) 18 
hours when authorized by the court or the court-designated worker for the purpose 19 
of making preliminary inquiries; 20 
(56) "Risk and needs assessment" means an actuarial tool scientifically proven to 21 
identify specific factors and needs that are related to delinquent and noncriminal 22 
misconduct; 23 
(57) "School personnel" means those certified persons under the supervision of the local 24 
public or private education agency; 25 
(58) "Secretary" means the secretary of the Cabinet for Health and Family Services; 26 
(59) "Secure juvenile detention facility" means any physically secure facility used for 27  UNOFFICIAL COPY  	24 RS BR 1404 
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the secure detention of children other than any facility in which adult prisoners are 1 
confined; 2 
(60) "Serious physical injury" means physical injury which creates a substantial risk of 3 
death or which causes serious and prolonged disfigurement, prolonged impairment 4 
of health, or prolonged loss or impairment of the function of any bodily member or 5 
organ; 6 
(61) "Sexual abuse" includes but is not necessarily limited to any contacts or interactions 7 
in which the parent, guardian, person in a position of authority or special trust, as 8 
defined in KRS 532.045, or other person having custodial control or supervision of 9 
the child or responsibility for his or her welfare, uses or allows, permits, or 10 
encourages the use of the child for the purposes of the sexual stimulation of the 11 
perpetrator or another person; 12 
(62) "Sexual exploitation" includes but is not limited to a situation in which a parent, 13 
guardian, person in a position of authority or special trust, as defined in KRS 14 
532.045, or other person having custodial control or supervision of a child or 15 
responsible for his or her welfare, allows, permits, or encourages the child to 16 
engage in an act which constitutes prostitution under Kentucky law; or a parent, 17 
guardian, person in a position of authority or special trust, as defined in KRS 18 
532.045, or other person having custodial control or supervision of a child or 19 
responsible for his or her welfare, allows, permits, or encourages the child to 20 
engage in an act of obscene or pornographic photographing, filming, or depicting of 21 
a child as provided for under Kentucky law; 22 
(63) "Social service worker" means any employee of the cabinet or any private agency 23 
designated as such by the secretary of the cabinet or a social worker employed by a 24 
county or city who has been approved by the cabinet to provide, under its 25 
supervision, services to families and children; 26 
(64) "Staff secure facility for residential treatment" means any setting which assures that 27  UNOFFICIAL COPY  	24 RS BR 1404 
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all entrances and exits are under the exclusive control of the facility staff, and in 1 
which a child may reside for the purpose of receiving treatment; 2 
(65) (a) "Status offense action" is any action brought in the interest of a child who is 3 
accused of committing acts, which if committed by an adult, would not be a 4 
crime. Such behavior shall not be considered criminal or delinquent and such 5 
children shall be termed status offenders. Status offenses shall include: 6 
1. Beyond the control of school or beyond the control of parents; 7 
2. Habitual runaway; 8 
3. Habitual truant;[ and] 9 
4. Alcohol offenses as provided in KRS 244.085; and 10 
5. Cannabis offenses as provided in Section 13 of this Act. 11 
(b) Status offenses shall not include violations of state or local ordinances which 12 
may apply to children such as a violation of curfew; 13 
(66) "Take into custody" means the procedure by which a peace officer or other 14 
authorized person initially assumes custody of a child. A child may be taken into 15 
custody for a period of time not to exceed two (2) hours; 16 
(67) "Transitional living support" means all benefits to which an eligible youth is 17 
entitled upon being granted extended or reinstated commitment to the cabinet by the 18 
court; 19 
(68) "Transition plan" means a plan that is personalized at the direction of the youth that: 20 
(a) Includes specific options on housing, health insurance, education, local 21 
opportunities for mentors and continuing support services, and workforce 22 
supports and employment services; and 23 
(b) Is as detailed as the youth may elect; 24 
(69) "Valid court order" means a court order issued by a judge to a child alleged or 25 
found to be a status offender: 26 
(a) Who was brought before the court and made subject to the order; 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(b) Whose future conduct was regulated by the order; 1 
(c) Who was given written and verbal warning of the consequences of the 2 
violation of the order at the time the order was issued and whose attorney or 3 
parent or legal guardian was also provided with a written notice of the 4 
consequences of violation of the order, which notification is reflected in the 5 
record of the court proceedings; and 6 
(d) Who received, before the issuance of the order, the full due process rights 7 
guaranteed by the Constitution of the United States; 8 
(70) "Violation" means any offense, other than a traffic infraction, for which a sentence 9 
of a fine only can be imposed; 10 
(71) "Youth alternative center" means a nonsecure facility, approved by the Department 11 
of Juvenile Justice, for the detention of juveniles, both prior to adjudication and 12 
after adjudication, which meets the criteria specified in KRS 15A.320; and 13 
(72) "Youthful offender" means any person regardless of age, transferred to Circuit 14 
Court under the provisions of KRS Chapter 635 or 640 and who is subsequently 15 
convicted in Circuit Court. 16 
Section 39.   KRS 12.020 (Effective between July 1, 2024, and July 1, 2025) is 17 
amended to read as follows: 18 
Departments, program cabinets and their departments, and the respective major 19 
administrative bodies that they include are enumerated in this section. It is not intended 20 
that this enumeration of administrative bodies be all-inclusive. Every authority, board, 21 
bureau, interstate compact, commission, committee, conference, council, office, or any 22 
other form of organization shall be included in or attached to the department or program 23 
cabinet in which they are included or to which they are attached by statute or statutorily 24 
authorized executive order; except in the case of the Personnel Board and where the 25 
attached department or administrative body is headed by a constitutionally elected 26 
officer, the attachment shall be solely for the purpose of dissemination of information and 27  UNOFFICIAL COPY  	24 RS BR 1404 
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coordination of activities and shall not include any authority over the functions, 1 
personnel, funds, equipment, facilities, or records of the department or administrative 2 
body. 3 
I. Cabinet for General Government - Departments headed by elected officers: 4 
(1) The Governor. 5 
(2) Lieutenant Governor. 6 
(3) Department of State. 7 
(a) Secretary of State. 8 
(b) Board of Elections. 9 
(c) Registry of Election Finance. 10 
(4) Department of Law. 11 
(a) Attorney General. 12 
(5) Department of the Treasury. 13 
(a) Treasurer. 14 
(6) Department of Agriculture. 15 
(a) Commissioner of Agriculture. 16 
(b) Agricultural Development Board. 17 
(c) Kentucky Agricultural Finance Corporation. 18 
(7) Auditor of Public Accounts. 19 
(a) Commonwealth Office of the Ombudsman. 20 
II. Program cabinets headed by appointed officers: 21 
(1) Justice and Public Safety Cabinet: 22 
(a) Department of Kentucky State Police. 23 
1. Office of Administrative Services. 24 
a. Division of Operational Support. 25 
b. Division of Management Services. 26 
2. Office of Operations. 27  UNOFFICIAL COPY  	24 RS BR 1404 
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a. Division of West Troops. 1 
b. Division of East Troops. 2 
c. Division of Special Enforcement. 3 
d. Division of Commercial Vehicle Enforcement. 4 
3. Office of Technical Services. 5 
a. Division of Forensic Sciences. 6 
b. Division of Electronic Services. 7 
c. Division of Records Management. 8 
(b) Department of Criminal Justice Training. 9 
(c) Department of Corrections. 10 
(d) Department of Juvenile Justice. 11 
(e) Office of the Secretary. 12 
(f) Office of Drug Control Policy. 13 
(g) Office of Legal Services. 14 
(h) Office of the Kentucky State Medical Examiner. 15 
(i) Parole Board. 16 
(j) Kentucky State Corrections Commission. 17 
(k) Office of Legislative and Intergovernmental Services. 18 
(l) Office of Human Resource Management. 19 
1. Division of Human Resource Administration. 20 
2. Division of Employee Management. 21 
(m) Department of Public Advocacy. 22 
(n) Office of Communications. 23 
1. Information Technology Services Division. 24 
(o) Office of Financial Management Services. 25 
1. Division of Financial Management. 26 
(p) Grants Management Division. 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(2) Energy and Environment Cabinet: 1 
(a) Office of the Secretary. 2 
1. Office of Legislative and Intergovernmental Affairs. 3 
2. Office of Legal Services. 4 
a. Legal Division I. 5 
b. Legal Division II. 6 
3. Office of Administrative Hearings. 7 
4. Office of Communication. 8 
5. Mine Safety Review Commission. 9 
6. Office of Kentucky Nature Preserves. 10 
7. Kentucky Public Service Commission. 11 
(b) Department for Environmental Protection. 12 
1. Office of the Commissioner. 13 
2. Division for Air Quality. 14 
3. Division of Water. 15 
4. Division of Environmental Program Support. 16 
5. Division of Waste Management. 17 
6. Division of Enforcement. 18 
7. Division of Compliance Assistance. 19 
(c) Department for Natural Resources. 20 
1. Office of the Commissioner. 21 
2. Division of Mine Permits. 22 
3. Division of Mine Reclamation and Enforcement. 23 
4. Division of Abandoned Mine Lands. 24 
5. Division of Oil and Gas. 25 
6. Division of Mine Safety. 26 
7. Division of Forestry. 27  UNOFFICIAL COPY  	24 RS BR 1404 
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8. Division of Conservation. 1 
9. Office of the Reclamation Guaranty Fund. 2 
(d) Office of Energy Policy. 3 
1. Division of Energy Assistance. 4 
(e) Office of Administrative Services. 5 
1. Division of Human Resources Management. 6 
2. Division of Financial Management. 7 
3. Division of Information Services. 8 
(3) Public Protection Cabinet. 9 
(a) Office of the Secretary. 10 
1. Office of Communications and Public Outreach. 11 
2. Office of Legal Services. 12 
a. Insurance Legal Division. 13 
b. Charitable Gaming Legal Division. 14 
c. Alcoholic Beverage Control Legal Division. 15 
d. Housing, Buildings and Construction Legal Division. 16 
e. Financial Institutions Legal Division. 17 
f. Professional Licensing Legal Division. 18 
3. Office of Administrative Hearings. 19 
4. Office of Administrative Services. 20 
a. Division of Human Resources. 21 
b. Division of Fiscal Responsibility. 22 
(b) Office of Claims and Appeals. 23 
1. Board of Tax Appeals. 24 
2. Board of Claims. 25 
3. Crime Victims Compensation Board. 26 
(c) Kentucky Boxing and Wrestling Commission. 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(d) Kentucky Horse Racing Commission. 1 
1. Office of Executive Director. 2 
a. Division of Pari-mutuel Wagering and Compliance. 3 
b. Division of Stewards. 4 
c. Division of Licensing. 5 
d. Division of Enforcement. 6 
e. Division of Incentives and Development. 7 
f. Division of Veterinary Services. 8 
(e) Department of Alcoholic Beverage Control. 9 
1. Division of Distilled Spirits. 10 
2. Division of Malt Beverages. 11 
3. Division of Enforcement. 12 
(f) Department of Charitable Gaming. 13 
1. Division of Licensing and Compliance. 14 
2. Division of Enforcement. 15 
(g) Department of Financial Institutions. 16 
1. Division of Depository Institutions. 17 
2. Division of Non-Depository Institutions. 18 
3. Division of Securities. 19 
(h) Department of Housing, Buildings and Construction. 20 
1. Division of Fire Prevention. 21 
2. Division of Plumbing. 22 
3. Division of Heating, Ventilation, and Air Conditioning. 23 
4. Division of Building Code Enforcement. 24 
(i) Department of Insurance. 25 
1. Division of Health and Life Insurance and Managed Care. 26 
2. Division of Property and Casualty Insurance. 27  UNOFFICIAL COPY  	24 RS BR 1404 
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3. Division of Administrative Services. 1 
4. Division of Financial Standards and Examination. 2 
5. Division of Licensing. 3 
6. Division of Insurance Fraud Investigation. 4 
7. Division of Consumer Protection. 5 
(j) Department of Professional Licensing. 6 
1. Real Estate Authority. 7 
(k) Adult Use Cannabis Control Board. 8 
(l) Department of Cannabis Control. 9 
(m) Social Impact Council. 10 
(4) Transportation Cabinet: 11 
(a) Department of Highways. 12 
1. Office of Project Development. 13 
2. Office of Project Delivery and Preservation. 14 
3. Office of Highway Safety. 15 
4. Highway District Offices One through Twelve. 16 
(b) Department of Vehicle Regulation. 17 
(c) Department of Aviation. 18 
(d) Department of Rural and Municipal Aid. 19 
1. Office of Local Programs. 20 
2. Office of Rural and Secondary Roads. 21 
(e) Office of the Secretary. 22 
1. Office of Public Affairs. 23 
2. Office for Civil Rights and Small Business Development. 24 
3. Office of Budget and Fiscal Management. 25 
4. Office of Inspector General. 26 
5. Secretary's Office of Safety. 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(f) Office of Support Services. 1 
(g) Office of Transportation Delivery. 2 
(h) Office of Audits. 3 
(i) Office of Human Resource Management. 4 
(j) Office of Information Technology. 5 
(k) Office of Legal Services. 6 
(5) Cabinet for Economic Development: 7 
(a) Office of the Secretary. 8 
1. Office of Legal Services. 9 
2. Department for Business and Community Development. 10 
a. Development and Retention Division – West Kentucky. 11 
b. Development, Retention, and Administrative Division – 12 
Central and East Kentucky. 13 
c. Community and Workforce Development Division. 14 
3. Department for Financial Services. 15 
a. Kentucky Economic Development Finance Authority. 16 
b. Finance and Personnel Division. 17 
c. IT and Resource Management Division. 18 
d. Compliance Division. 19 
e. Program Administration Division. 20 
f. Bluegrass State Skills Corporation. 21 
4. Office of Strategy and Public Affairs. 22 
a. Marketing and Communications Division. 23 
b. Research and Strategy Division. 24 
5. Office of Entrepreneurship and Innovation. 25 
a. Commission on Small Business Innovation and Advocacy. 26 
(6) Cabinet for Health and Family Services: 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(a) Office of the Secretary. 1 
1. Office of Public Affairs. 2 
2. Office of Legal Services. 3 
3. Office of Inspector General. 4 
4. Office of Human Resource Management. 5 
5. Office of Finance and Budget. 6 
6. Office of Legislative and Regulatory Affairs. 7 
7. Office of Administrative Services. 8 
8. Office of Application Technology Services. 9 
9. Office of Data Analytics. 10 
(b) Department for Public Health. 11 
(c) Department for Medicaid Services. 12 
(d) Department for Behavioral Health, Developmental and Intellectual 13 
Disabilities. 14 
(e) Department for Aging and Independent Living. 15 
(f) Department for Community Based Services. 16 
(g) Department for Income Support. 17 
(h) Department for Family Resource Centers and Volunteer Services. 18 
(7) Finance and Administration Cabinet: 19 
(a) Office of the Secretary. 20 
(b) Office of the Inspector General. 21 
(c) Office of Legislative and Intergovernmental Affairs. 22 
(d) Office of General Counsel. 23 
(e) Office of the Controller. 24 
(f) Office of Administrative Services. 25 
(g) Office of Policy and Audit. 26 
(h) Department for Facilities and Support Services. 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(i) Department of Revenue. 1 
(j) Commonwealth Office of Technology. 2 
(k) State Property and Buildings Commission. 3 
(l) Office of Equal Employment Opportunity and Contract Compliance. 4 
(m) Kentucky Employees Retirement Systems. 5 
(n) Commonwealth Credit Union. 6 
(o) State Investment Commission. 7 
(p) Kentucky Housing Corporation. 8 
(q) Kentucky Local Correctional Facilities Construction Authority. 9 
(r) Kentucky Turnpike Authority. 10 
(s) Historic Properties Advisory Commission. 11 
(t) Kentucky Higher Education Assistance Authority. 12 
(u) Kentucky River Authority. 13 
(v) Kentucky Teachers' Retirement System Board of Trustees. 14 
(w) Executive Branch Ethics Commission. 15 
(x) Office of Fleet Management. 16 
(8) Tourism, Arts and Heritage Cabinet: 17 
(a) Kentucky Department of Tourism. 18 
1. Division of Tourism Services. 19 
2. Division of Marketing and Administration. 20 
3. Division of Communications and Promotions. 21 
(b) Kentucky Department of Parks. 22 
1. Division of Information Technology. 23 
2. Division of Human Resources. 24 
3. Division of Financial Operations. 25 
4. Division of Purchasing. 26 
5. Division of Facilities. 27  UNOFFICIAL COPY  	24 RS BR 1404 
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6. Division of Park Operations. 1 
7. Division of Sales, Marketing, and Customer Service. 2 
8. Division of Engagement. 3 
9. Division of Food Services. 4 
10. Division of Rangers. 5 
(c) Department of Fish and Wildlife Resources. 6 
1. Division of Law Enforcement. 7 
2. Division of Administrative Services. 8 
3. Division of Engineering, Infrastructure, and Technology. 9 
4. Division of Fisheries. 10 
5. Division of Information and Education. 11 
6. Division of Wildlife. 12 
7. Division of Marketing. 13 
(d) Kentucky Horse Park. 14 
1. Division of Support Services. 15 
2. Division of Buildings and Grounds. 16 
3. Division of Operational Services. 17 
(e) Kentucky State Fair Board. 18 
1. Office of Administrative and Information Technology Services. 19 
2. Office of Human Resources and Access Control. 20 
3. Division of Expositions. 21 
4. Division of Kentucky Exposition Center Operations. 22 
5. Division of Kentucky International Convention Center. 23 
6. Division of Public Relations and Media. 24 
7. Division of Venue Services. 25 
8. Division of Personnel Management and Staff Development. 26 
9. Division of Sales. 27  UNOFFICIAL COPY  	24 RS BR 1404 
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10. Division of Security and Traffic Control. 1 
11. Division of Information Technology. 2 
12. Division of the Louisville Arena. 3 
13. Division of Fiscal and Contract Management. 4 
14. Division of Access Control. 5 
(f) Office of the Secretary. 6 
1. Office of Finance. 7 
2. Office of Government Relations and Administration. 8 
(g) Office of Legal Affairs. 9 
(h) Office of Human Resources. 10 
(i) Office of Public Affairs and Constituent Services. 11 
(j) Office of Arts and Cultural Heritage. 12 
(k) Kentucky African-American Heritage Commission. 13 
(l) Kentucky Foundation for the Arts. 14 
(m) Kentucky Humanities Council. 15 
(n) Kentucky Heritage Council. 16 
(o) Kentucky Arts Council. 17 
(p) Kentucky Historical Society. 18 
1. Division of Museums. 19 
2. Division of Oral History and Educational Outreach. 20 
3. Division of Research and Publications. 21 
4. Division of Administration. 22 
(q) Kentucky Center for the Arts. 23 
1. Division of Governor's School for the Arts. 24 
(r) Kentucky Artisans Center at Berea. 25 
(s) Northern Kentucky Convention Center. 26 
(t) Eastern Kentucky Exposition Center. 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(9) Personnel Cabinet: 1 
(a) Office of the Secretary. 2 
(b) Department of Human Resources Administration. 3 
(c) Office of Employee Relations. 4 
(d) Kentucky Public Employees Deferred Compensation Authority. 5 
(e) Office of Administrative Services. 6 
(f) Office of Legal Services. 7 
(g) Governmental Services Center. 8 
(h) Department of Employee Insurance. 9 
(i) Office of Diversity, Equality, and Training. 10 
(j) Office of Public Affairs. 11 
(10) Education and Labor Cabinet: 12 
(a) Office of the Secretary. 13 
1. Office of Legal Services. 14 
a. Workplace Standards Legal Division. 15 
b. Workers' Claims Legal Division. 16 
c. Workforce Development Legal Division. 17 
2. Office of Administrative Services. 18 
a. Division of Human Resources Management. 19 
b. Division of Fiscal Management. 20 
c. Division of Operations and Support Services. 21 
3. Office of Technology Services. 22 
a. Division of Information Technology Services. 23 
4. Office of Policy and Audit. 24 
5. Office of Legislative Services. 25 
6. Office of Communications. 26 
7. Office of the Kentucky Center for Statistics. 27  UNOFFICIAL COPY  	24 RS BR 1404 
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8. Board of the Kentucky Center for Statistics. 1 
9. Early Childhood Advisory Council. 2 
10. Governors' Scholars Program. 3 
11. Governor's School for Entrepreneurs Program. 4 
12. Foundation for Adult Education. 5 
(b) Department of Education. 6 
1. Kentucky Board of Education. 7 
2. Kentucky Technical Education Personnel Board. 8 
3. Education Professional Standards Board. 9 
(c) Board of Directors for the Center for School Safety. 10 
(d) Department for Libraries and Archives. 11 
(e) Kentucky Environmental Education Council. 12 
(f) Kentucky Educational Television. 13 
(g) Kentucky Commission on the Deaf and Hard of Hearing. 14 
(h) Department of Workforce Development. 15 
1. Career Development Office. 16 
2. Office of Vocational Rehabilitation. 17 
a. Division of Kentucky Business Enterprise. 18 
b. Division of the Carl D. Perkins Vocational Training Center. 19 
c. Division of Blind Services. 20 
d. Division of Field Services. 21 
e. Statewide Council for Vocational Rehabilitation. 22 
f. Employment First Council. 23 
3. Office of Employer and Apprenticeship Services. 24 
a. Division of Apprenticeship. 25 
4. Kentucky Apprenticeship Council. 26 
5. Division of Technical Assistance. 27  UNOFFICIAL COPY  	24 RS BR 1404 
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6. Office of Adult Education. 1 
7. Office of the Kentucky Workforce Innovation Board. 2 
(i) Department of Workplace Standards. 3 
1. Division of Occupational Safety and Health Compliance. 4 
2. Division of Occupational Safety and Health Education and 5 
Training. 6 
3. Division of Wages and Hours. 7 
(j) Office of Unemployment Insurance. 8 
(k) Kentucky Unemployment Insurance Commission. 9 
(l) Department of Workers' Claims. 10 
1. Division of Workers' Compensation Funds. 11 
2. Office of Administrative Law Judges. 12 
3. Division of Claims Processing. 13 
4. Division of Security and Compliance. 14 
5. Division of Specialist and Medical Services. 15 
6. Workers' Compensation Board. 16 
(m) Workers' Compensation Funding Commission. 17 
(n) Kentucky Occupational Safety and Health Standards Board. 18 
(o) State Labor Relations Board. 19 
(p) Employers' Mutual Insurance Authority. 20 
(q) Kentucky Occupational Safety and Health Review Commission. 21 
(r) Workers' Compensation Nominating Committee. 22 
(s) Office of Educational Programs. 23 
(t) Kentucky Workforce Innovation Board. 24 
(u) Kentucky Commission on Proprietary Education. 25 
(v) Kentucky Work Ready Skills Advisory Committee. 26 
(w) Kentucky Geographic Education Board. 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(x) Disability Determination Services Program. 1 
III. Other departments headed by appointed officers: 2 
(1) Council on Postsecondary Education. 3 
(2) Department of Military Affairs. 4 
(3) Department for Local Government. 5 
(4) Kentucky Commission on Human Rights. 6 
(5) Kentucky Commission on Women. 7 
(6) Department of Veterans' Affairs. 8 
(7) Kentucky Commission on Military Affairs. 9 
(8) Office of Minority Empowerment. 10 
(9) Governor's Council on Wellness and Physical Activity. 11 
(10) Kentucky Communications Network Authority. 12 
Section 40.   KRS 12.020 (Effective July 1, 2025) is amended to read as follows: 13 
Departments, program cabinets and their departments, and the respective major 14 
administrative bodies that they include are enumerated in this section. It is not intended 15 
that this enumeration of administrative bodies be all-inclusive. Every authority, board, 16 
bureau, interstate compact, commission, committee, conference, council, office, or any 17 
other form of organization shall be included in or attached to the department or program 18 
cabinet in which they are included or to which they are attached by statute or statutorily 19 
authorized executive order; except in the case of the Personnel Board and where the 20 
attached department or administrative body is headed by a constitutionally elected 21 
officer, the attachment shall be solely for the purpose of dissemination of information and 22 
coordination of activities and shall not include any authority over the functions, 23 
personnel, funds, equipment, facilities, or records of the department or administrative 24 
body. 25 
I. Cabinet for General Government - Departments headed by elected officers: 26 
(1) The Governor. 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(2) Lieutenant Governor. 1 
(3) Department of State. 2 
(a) Secretary of State. 3 
(b) Board of Elections. 4 
(c) Registry of Election Finance. 5 
(4) Department of Law. 6 
(a) Attorney General. 7 
(5) Department of the Treasury. 8 
(a) Treasurer. 9 
(6) Department of Agriculture. 10 
(a) Commissioner of Agriculture. 11 
(b) Agricultural Development Board. 12 
(c) Kentucky Agricultural Finance Corporation. 13 
(7) Auditor of Public Accounts. 14 
(a) Commonwealth Office of the Ombudsman. 15 
II. Program cabinets headed by appointed officers: 16 
(1) Justice and Public Safety Cabinet: 17 
(a) Department of Kentucky State Police. 18 
1. Office of Administrative Services. 19 
a. Division of Operational Support. 20 
b. Division of Management Services. 21 
2. Office of Operations. 22 
a. Division of West Troops. 23 
b. Division of East Troops. 24 
c. Division of Special Enforcement. 25 
d. Division of Commercial Vehicle Enforcement. 26 
3. Office of Technical Services. 27  UNOFFICIAL COPY  	24 RS BR 1404 
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a. Division of Forensic Sciences. 1 
b. Division of Electronic Services. 2 
c. Division of Records Management. 3 
(b) Department of Criminal Justice Training. 4 
(c) Department of Corrections. 5 
(d) Department of Juvenile Justice. 6 
(e) Office of the Secretary. 7 
(f) Office of Drug Control Policy. 8 
(g) Office of Legal Services. 9 
(h) Office of the Kentucky State Medical Examiner. 10 
(i) Parole Board. 11 
(j) Kentucky State Corrections Commission. 12 
(k) Office of Legislative and Intergovernmental Services. 13 
(l) Office of Human Resource Management. 14 
1. Division of Human Resource Administration. 15 
2. Division of Employee Management. 16 
(m) Department of Public Advocacy. 17 
(n) Office of Communications. 18 
1. Information Technology Services Division. 19 
(o) Office of Financial Management Services. 20 
1. Division of Financial Management. 21 
(p) Grants Management Division. 22 
(2) Energy and Environment Cabinet: 23 
(a) Office of the Secretary. 24 
1. Office of Legislative and Intergovernmental Affairs. 25 
2. Office of Legal Services. 26 
a. Legal Division I. 27  UNOFFICIAL COPY  	24 RS BR 1404 
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b. Legal Division II. 1 
3. Office of Administrative Hearings. 2 
4. Office of Communication. 3 
5. Mine Safety Review Commission. 4 
6. Office of Kentucky Nature Preserves. 5 
7. Kentucky Public Service Commission. 6 
(b) Department for Environmental Protection. 7 
1. Office of the Commissioner. 8 
2. Division for Air Quality. 9 
3. Division of Water. 10 
4. Division of Environmental Program Support. 11 
5. Division of Waste Management. 12 
6. Division of Enforcement. 13 
7. Division of Compliance Assistance. 14 
(c) Department for Natural Resources. 15 
1. Office of the Commissioner. 16 
2. Division of Mine Permits. 17 
3. Division of Mine Reclamation and Enforcement. 18 
4. Division of Abandoned Mine Lands. 19 
5. Division of Oil and Gas. 20 
6. Division of Mine Safety. 21 
7. Division of Forestry. 22 
8. Division of Conservation. 23 
9. Office of the Reclamation Guaranty Fund. 24 
(d) Office of Energy Policy. 25 
1. Division of Energy Assistance. 26 
(e) Office of Administrative Services. 27  UNOFFICIAL COPY  	24 RS BR 1404 
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1. Division of Human Resources Management. 1 
2. Division of Financial Management. 2 
3. Division of Information Services. 3 
(3) Public Protection Cabinet. 4 
(a) Office of the Secretary. 5 
1. Office of Communications and Public Outreach. 6 
2. Office of Legal Services. 7 
a. Insurance Legal Division. 8 
b. Charitable Gaming Legal Division. 9 
c. Alcoholic Beverage Control Legal Division. 10 
d. Housing, Buildings and Construction Legal Division. 11 
e. Financial Institutions Legal Division. 12 
f. Professional Licensing Legal Division. 13 
3. Office of Administrative Hearings. 14 
4. Office of Administrative Services. 15 
a. Division of Human Resources. 16 
b. Division of Fiscal Responsibility. 17 
(b) Office of Claims and Appeals. 18 
1. Board of Tax Appeals. 19 
2. Board of Claims. 20 
3. Crime Victims Compensation Board. 21 
(c) Kentucky Boxing and Wrestling Commission. 22 
(d) Kentucky Horse Racing Commission. 23 
1. Office of Executive Director. 24 
a. Division of Pari-mutuel Wagering and Compliance. 25 
b. Division of Stewards. 26 
c. Division of Licensing. 27  UNOFFICIAL COPY  	24 RS BR 1404 
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d. Division of Enforcement. 1 
e. Division of Incentives and Development. 2 
f. Division of Veterinary Services. 3 
(e) Department of Alcoholic Beverage Control. 4 
1. Division of Distilled Spirits. 5 
2. Division of Malt Beverages. 6 
3. Division of Enforcement. 7 
(f) Department of Charitable Gaming. 8 
1. Division of Licensing and Compliance. 9 
2. Division of Enforcement. 10 
(g) Department of Financial Institutions. 11 
1. Division of Depository Institutions. 12 
2. Division of Non-Depository Institutions. 13 
3. Division of Securities. 14 
(h) Department of Housing, Buildings and Construction. 15 
1. Division of Fire Prevention. 16 
2. Division of Plumbing. 17 
3. Division of Heating, Ventilation, and Air Conditioning. 18 
4. Division of Building Code Enforcement. 19 
(i) Department of Insurance. 20 
1. Division of Health and Life Insurance and Managed Care. 21 
2. Division of Property and Casualty Insurance. 22 
3. Division of Administrative Services. 23 
4. Division of Financial Standards and Examination. 24 
5. Division of Licensing. 25 
6. Division of Insurance Fraud Investigation. 26 
7. Division of Consumer Protection. 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(j) Department of Professional Licensing. 1 
1. Real Estate Authority. 2 
(k) Adult Use Cannabis Control Board. 3 
(l) Department of Cannabis Control. 4 
(m) Social Impact Council. 5 
(4) Transportation Cabinet: 6 
(a) Department of Highways. 7 
1. Office of Project Development. 8 
2. Office of Project Delivery and Preservation. 9 
3. Office of Highway Safety. 10 
4. Highway District Offices One through Twelve. 11 
(b) Department of Vehicle Regulation. 12 
(c) Department of Aviation. 13 
(d) Department of Rural and Municipal Aid. 14 
1. Office of Local Programs. 15 
2. Office of Rural and Secondary Roads. 16 
(e) Office of the Secretary. 17 
1. Office of Public Affairs. 18 
2. Office for Civil Rights and Small Business Development. 19 
3. Office of Budget and Fiscal Management. 20 
4. Office of Inspector General. 21 
5. Secretary's Office of Safety. 22 
(f) Office of Support Services. 23 
(g) Office of Transportation Delivery. 24 
(h) Office of Audits. 25 
(i) Office of Human Resource Management. 26 
(j) Office of Information Technology. 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(k) Office of Legal Services. 1 
(5) Cabinet for Economic Development: 2 
(a) Office of the Secretary. 3 
1. Office of Legal Services. 4 
2. Department for Business and Community Development. 5 
a. Development and Retention Division – West Kentucky. 6 
b. Development, Retention, and Administrative Division – 7 
Central and East Kentucky. 8 
c. Community and Workforce Development Division. 9 
3. Department for Financial Services. 10 
a. Kentucky Economic Development Finance Authority. 11 
b. Finance and Personnel Division. 12 
c. IT and Resource Management Division. 13 
d. Compliance Division. 14 
e. Program Administration Division. 15 
f. Bluegrass State Skills Corporation. 16 
4. Office of Strategy and Public Affairs. 17 
a. Marketing and Communications Division. 18 
b. Research and Strategy Division. 19 
5. Office of Entrepreneurship and Innovation. 20 
a. Commission on Small Business Innovation and Advocacy. 21 
(6) Cabinet for Health and Family Services: 22 
(a) Office of the Secretary. 23 
1. Office of Public Affairs. 24 
2. Office of Legal Services. 25 
3. Office of Inspector General. 26 
4. Office of Human Resource Management. 27  UNOFFICIAL COPY  	24 RS BR 1404 
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5. Office of Finance and Budget. 1 
6. Office of Legislative and Regulatory Affairs. 2 
7. Office of Administrative Services. 3 
8. Office of Application Technology Services. 4 
9. Office of Data Analytics. 5 
(b) Department for Public Health. 6 
(c) Department for Medicaid Services. 7 
(d) Department for Behavioral Health, Developmental and Intellectual 8 
Disabilities. 9 
(e) Department for Aging and Independent Living. 10 
(f) Department for Community Based Services. 11 
(g) Department for Family Resource Centers and Volunteer Services. 12 
(7) Finance and Administration Cabinet: 13 
(a) Office of the Secretary. 14 
(b) Office of the Inspector General. 15 
(c) Office of Legislative and Intergovernmental Affairs. 16 
(d) Office of General Counsel. 17 
(e) Office of the Controller. 18 
(f) Office of Administrative Services. 19 
(g) Office of Policy and Audit. 20 
(h) Department for Facilities and Support Services. 21 
(i) Department of Revenue. 22 
(j) Commonwealth Office of Technology. 23 
(k) State Property and Buildings Commission. 24 
(l) Office of Equal Employment Opportunity and Contract Compliance. 25 
(m) Kentucky Employees Retirement Systems. 26 
(n) Commonwealth Credit Union. 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(o) State Investment Commission. 1 
(p) Kentucky Housing Corporation. 2 
(q) Kentucky Local Correctional Facilities Construction Authority. 3 
(r) Kentucky Turnpike Authority. 4 
(s) Historic Properties Advisory Commission. 5 
(t) Kentucky Higher Education Assistance Authority. 6 
(u) Kentucky River Authority. 7 
(v) Kentucky Teachers' Retirement System Board of Trustees. 8 
(w) Executive Branch Ethics Commission. 9 
(x) Office of Fleet Management. 10 
(8) Tourism, Arts and Heritage Cabinet: 11 
(a) Kentucky Department of Tourism. 12 
1. Division of Tourism Services. 13 
2. Division of Marketing and Administration. 14 
3. Division of Communications and Promotions. 15 
(b) Kentucky Department of Parks. 16 
1. Division of Information Technology. 17 
2. Division of Human Resources. 18 
3. Division of Financial Operations. 19 
4. Division of Purchasing. 20 
5. Division of Facilities. 21 
6. Division of Park Operations. 22 
7. Division of Sales, Marketing, and Customer Service. 23 
8. Division of Engagement. 24 
9. Division of Food Services. 25 
10. Division of Rangers. 26 
(c) Department of Fish and Wildlife Resources. 27  UNOFFICIAL COPY  	24 RS BR 1404 
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1. Division of Law Enforcement. 1 
2. Division of Administrative Services. 2 
3. Division of Engineering, Infrastructure, and Technology. 3 
4. Division of Fisheries. 4 
5. Division of Information and Education. 5 
6. Division of Wildlife. 6 
7. Division of Marketing. 7 
(d) Kentucky Horse Park. 8 
1. Division of Support Services. 9 
2. Division of Buildings and Grounds. 10 
3. Division of Operational Services. 11 
(e) Kentucky State Fair Board. 12 
1. Office of Administrative and Information Technology Services. 13 
2. Office of Human Resources and Access Control. 14 
3. Division of Expositions. 15 
4. Division of Kentucky Exposition Center Operations. 16 
5. Division of Kentucky International Convention Center. 17 
6. Division of Public Relations and Media. 18 
7. Division of Venue Services. 19 
8. Division of Personnel Management and Staff Development. 20 
9. Division of Sales. 21 
10. Division of Security and Traffic Control. 22 
11. Division of Information Technology. 23 
12. Division of the Louisville Arena. 24 
13. Division of Fiscal and Contract Management. 25 
14. Division of Access Control. 26 
(f) Office of the Secretary. 27  UNOFFICIAL COPY  	24 RS BR 1404 
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1. Office of Finance. 1 
2. Office of Government Relations and Administration. 2 
(g) Office of Legal Affairs. 3 
(h) Office of Human Resources. 4 
(i) Office of Public Affairs and Constituent Services. 5 
(j) Office of Arts and Cultural Heritage. 6 
(k) Kentucky African-American Heritage Commission. 7 
(l) Kentucky Foundation for the Arts. 8 
(m) Kentucky Humanities Council. 9 
(n) Kentucky Heritage Council. 10 
(o) Kentucky Arts Council. 11 
(p) Kentucky Historical Society. 12 
1. Division of Museums. 13 
2. Division of Oral History and Educational Outreach. 14 
3. Division of Research and Publications. 15 
4. Division of Administration. 16 
(q) Kentucky Center for the Arts. 17 
1. Division of Governor's School for the Arts. 18 
(r) Kentucky Artisans Center at Berea. 19 
(s) Northern Kentucky Convention Center. 20 
(t) Eastern Kentucky Exposition Center. 21 
(9) Personnel Cabinet: 22 
(a) Office of the Secretary. 23 
(b) Department of Human Resources Administration. 24 
(c) Office of Employee Relations. 25 
(d) Kentucky Public Employees Deferred Compensation Authority. 26 
(e) Office of Administrative Services. 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(f) Office of Legal Services. 1 
(g) Governmental Services Center. 2 
(h) Department of Employee Insurance. 3 
(i) Office of Diversity, Equality, and Training. 4 
(j) Office of Public Affairs. 5 
(10) Education and Labor Cabinet: 6 
(a) Office of the Secretary. 7 
1. Office of Legal Services. 8 
a. Workplace Standards Legal Division. 9 
b. Workers' Claims Legal Division. 10 
c. Workforce Development Legal Division. 11 
2. Office of Administrative Services. 12 
a. Division of Human Resources Management. 13 
b. Division of Fiscal Management. 14 
c. Division of Operations and Support Services. 15 
3. Office of Technology Services. 16 
a. Division of Information Technology Services. 17 
4. Office of Policy and Audit. 18 
5. Office of Legislative Services. 19 
6. Office of Communications. 20 
7. Office of the Kentucky Center for Statistics. 21 
8. Board of the Kentucky Center for Statistics. 22 
9. Early Childhood Advisory Council. 23 
10. Governors' Scholars Program. 24 
11. Governor's School for Entrepreneurs Program. 25 
12. Foundation for Adult Education. 26 
(b) Department of Education. 27  UNOFFICIAL COPY  	24 RS BR 1404 
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1. Kentucky Board of Education. 1 
2. Kentucky Technical Education Personnel Board. 2 
3. Education Professional Standards Board. 3 
(c) Board of Directors for the Center for School Safety. 4 
(d) Department for Libraries and Archives. 5 
(e) Kentucky Environmental Education Council. 6 
(f) Kentucky Educational Television. 7 
(g) Kentucky Commission on the Deaf and Hard of Hearing. 8 
(h) Department of Workforce Development. 9 
1. Career Development Office. 10 
2. Office of Vocational Rehabilitation. 11 
a. Division of Kentucky Business Enterprise. 12 
b. Division of the Carl D. Perkins Vocational Training Center. 13 
c. Division of Blind Services. 14 
d. Division of Field Services. 15 
e. Statewide Council for Vocational Rehabilitation. 16 
f. Employment First Council. 17 
3. Office of Employer and Apprenticeship Services. 18 
a. Division of Apprenticeship. 19 
4. Kentucky Apprenticeship Council. 20 
5. Division of Technical Assistance. 21 
6. Office of Adult Education. 22 
7. Office of the Kentucky Workforce Innovation Board. 23 
(i) Department of Workplace Standards. 24 
1. Division of Occupational Safety and Health Compliance. 25 
2. Division of Occupational Safety and Health Education and 26 
Training. 27  UNOFFICIAL COPY  	24 RS BR 1404 
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3. Division of Wages and Hours. 1 
(j) Office of Unemployment Insurance. 2 
(k) Kentucky Unemployment Insurance Commission. 3 
(l) Department of Workers' Claims. 4 
1. Division of Workers' Compensation Funds. 5 
2. Office of Administrative Law Judges. 6 
3. Division of Claims Processing. 7 
4. Division of Security and Compliance. 8 
5. Division of Specialist and Medical Services. 9 
6. Workers' Compensation Board. 10 
(m) Workers' Compensation Funding Commission. 11 
(n) Kentucky Occupational Safety and Health Standards Board. 12 
(o) State Labor Relations Board. 13 
(p) Employers' Mutual Insurance Authority. 14 
(q) Kentucky Occupational Safety and Health Review Commission. 15 
(r) Workers' Compensation Nominating Committee. 16 
(s) Office of Educational Programs. 17 
(t) Kentucky Workforce Innovation Board. 18 
(u) Kentucky Commission on Proprietary Education. 19 
(v) Kentucky Work Ready Skills Advisory Committee. 20 
(w) Kentucky Geographic Education Board. 21 
(x) Disability Determination Services Program. 22 
III. Other departments headed by appointed officers: 23 
(1) Council on Postsecondary Education. 24 
(2) Department of Military Affairs. 25 
(3) Department for Local Government. 26 
(4) Kentucky Commission on Human Rights. 27  UNOFFICIAL COPY  	24 RS BR 1404 
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(5) Kentucky Commission on Women. 1 
(6) Department of Veterans' Affairs. 2 
(7) Kentucky Commission on Military Affairs. 3 
(8) Office of Minority Empowerment. 4 
(9) Governor's Council on Wellness and Physical Activity. 5 
(10) Kentucky Communications Network Authority. 6 
Section 41.   For the initial appointments of the seven members of the Adult Use 7 
Cannabis Control Board established in Section 3 of this Act, three members shall serve 8 
three-year terms, two members shall serve two-year terms, and two members shall serve 9 
one-year terms. 10 
Section 42.   For the initial appointments of the thirteen at-large citizen members 11 
of the Social Impact Council established in Section 16 of this Act, five appointments 12 
shall be for four-year terms, four appointments shall be for three-year terms, and four 13 
appointments shall be for two-year terms. 14 
Section 43.   Cannabis may first be legally sold for adult use to consumers in the 15 
Commonwealth beginning July 1, 2026. Since cultivation and retail operations relating to 16 
cannabis are required before legal sales may begin, the excise tax imposed in Section 21 17 
of this Act shall apply on or after July 1, 2025. This section shall not be construed to 18 
delay or otherwise modify the effective date of Sections 1 to 40 of this Act. 19