UNOFFICIAL COPY 25 RS BR 1303
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AN ACT relating to medicinal cannabis. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 218B.010 is amended to read as follows: 3
For the purposes of this chapter, unless the context otherwise requires: 4
(1) "Bona fide practitioner-patient relationship" means a treating or consulting 5
relationship, during the course of which a medicinal cannabis practitioner has: 6
(a) Completed an initial in-person examination and assessment of the patient's 7
medical history and current medical condition which shall include a review 8
of: 9
1. The patient's medical records for the previous twelve (12) months; 10
2. All other available medical records relevant to the patient's qualifying 11
medical condition; 12
3. Any medications that the patient is currently taking; and 13
4. Any other possible risks or side effects that may be associated with the 14
use of medicinal cannabis; 15
(b) Consulted with the patient with respect to the possible medical, therapeutic, 16
and palliative properties of medicinal cannabis; 17
(c) Advised the patient of the possible risks and side effects associated with the 18
use of medicinal cannabis, including possible interactions between medicinal 19
cannabis and any other drug or medication that the patient is taking at that 20
time; and 21
(d) Established an expectation that he or she will provide follow-up care and 22
treatment to the patient in accordance with administrative regulations 23
promulgated pursuant to KRS 218B.050(10); 24
(2) "Cabinet" means the Cabinet for Health and Family Services; 25
(3) "Cannabis business" means an entity licensed under this chapter as a cultivator, 26
dispensary, processor, producer, or safety compliance facility; 27 UNOFFICIAL COPY 25 RS BR 1303
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(4) "Cannabis business agent" means a principal officer, board member, employee, 1
volunteer, or agent of a cannabis business; 2
(5) "Cardholder" means: 3
(a) A registered qualified patient, designated caregiver, or visiting qualified 4
patient who has applied for, obtained, and possesses a valid registry 5
identification card issued by the cabinet; or 6
(b) A visiting qualified patient who has obtained and possesses: 7
1. A valid out-of-state registry identification card; and 8
2. Documentation of having been diagnosed with a qualifying medical 9
condition; 10
(6) "Cultivator" means an entity licensed as such under KRS 218B.080, 218B.085, and 11
218B.090; 12
(7) "Cultivator agent" means a principal officer, board member, employee, volunteer, 13
or agent of a cultivator; 14
(8) "Designated caregiver" means a person who has registered as such with the cabinet 15
under KRS 218B.055 and 218B.060; 16
(9) "Dispensary" means an entity licensed as such under KRS 218B.080, 218B.085, 17
and 218B.090; 18
(10) "Dispensary agent" means a principal officer, board member, employee, volunteer, 19
or agent of a dispensary; 20
(11) "Disqualifying felony offense" means: 21
(a) A felony offense that resulted in the person being classified by the 22
Department of Corrections as a violent offender under KRS 439.3401; or 23
(b) A violation of a state or federal controlled substance law that was classified as 24
a felony in the jurisdiction where the person was convicted, except: 25
1. An offense for which the sentence, including any term of probation, 26
incarceration, or supervised release, was completed five (5) or more 27 UNOFFICIAL COPY 25 RS BR 1303
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years earlier; or 1
2. An offense that, as determined by the cabinet, consisted of conduct for 2
which this chapter would likely have prevented a conviction, but the 3
conduct either occurred prior to the enactment of this chapter or was 4
prosecuted by an authority other than the Commonwealth of Kentucky; 5
(12) "Enclosed, locked facility" means an indoor growing space such as a room, 6
greenhouse, building, or other indoor enclosed area that is maintained and operated 7
by a cultivator or producer and is equipped with locks and other security devices 8
that permit access only by authorized agents of the cultivator or producer, as 9
required by the cabinet; 10
(13) "Growth area" has the same meaning as an enclosed, locked facility; 11
(14) "Marijuana" has the same meaning as in KRS 218A.010; 12
(15) "Medicinal cannabis": 13
(a) Means marijuana as defined in KRS 218A.010 when cultivated, harvested, 14
processed, produced, transported, dispensed, distributed, sold, possessed, or 15
used in accordance with this chapter; 16
(b) Includes medicinal cannabis products and raw plant material; and 17
(c) Does not include industrial hemp or industrial hemp products as defined in 18
KRS 260.850; 19
(16) "Medicinal cannabis accessories" means any equipment, product, or material of any 20
kind which is used, intended for use, or designed for use in the preparing, storing, 21
using, or consuming medicinal cannabis in accordance with this chapter; 22
(17) "Medicinal cannabis practitioner" means a physician or an advanced practice 23
registered nurse who is authorized to prescribe controlled substances under KRS 24
314.042, who is authorized by his or her state licensing board to provide written 25
certifications pursuant to KRS 218B.050; 26
(18) "Medicinal cannabis product": 27 UNOFFICIAL COPY 25 RS BR 1303
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(a) Means any compound, manufacture, salt, derivative, mixture, or preparation 1
of any part of the plant Cannabis sp., its seeds or its resin; or any compound, 2
mixture, or preparation which contains any quantity of these substances when 3
cultivated, harvested, processed, produced, transported, dispensed, distributed, 4
sold, possessed, or used in accordance with this chapter; and 5
(b) Does not include industrial hemp products as defined in KRS 260.850; 6
(19) "Minor" means a person less than eighteen (18) years of age; 7
(20) "Out-of-state registry identification card" means a registry identification card, or an 8
equivalent document, that was issued pursuant to the laws of another state, district, 9
territory, commonwealth, or insular possession of the United States; 10
(21) "Processor" means an entity licensed as such under KRS 218B.080, 218B.085, and 11
218B.090; 12
(22) "Processor agent" means a principal officer, board member, employee, volunteer, or 13
agent of a processor; 14
(23) "Producer" means an entity licensed as such under KRS 218B.080, 218B.085, and 15
218B.090; 16
(24) "Producer agent" means a principal officer, board member, employee, volunteer, or 17
agent of a producer; 18
(25) "Qualified patient" means a person who has obtained a written certification from a 19
medicinal cannabis practitioner with whom he or she has a bona fide practitioner-20
patient relationship; 21
(26) "Qualifying medical condition" means any of the following: 22
(a) Acquired immunodeficiency syndrome (AIDS); 23
(b) Amyotrophic lateral sclerosis (ALS) or Lou Gehrig's disease; 24
(c) Cachexia or wasting syndrome; 25
(d) [Any type or form of ]Cancer regardless of type, form, or stage; 26
(e) Chronic nausea or cyclical vomiting syndrome that has proven resistant to 27 UNOFFICIAL COPY 25 RS BR 1303
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other conventional medical treatments; 1
(f)[(b)] Chronic, severe, intractable, or debilitating pain; 2
(g) Crohn's disease; 3
(h)[(c)] Epilepsy or any other intractable seizure disorder; 4
(i) Fibromyalgia; 5
(j) Glaucoma; 6
(k) Hepatitis C; 7
(l) Human immunodeficiency virus (HIV); 8
(m) Huntington's disease; 9
(n)[(d)] Multiple sclerosis, muscle spasms, or spasticity; 10
(o) Muscular dystrophy; 11
(p) Neuropathies; 12
(q) Parkinson's disease; 13
[(e) Chronic nausea or cyclical vomiting syndrome that has proven resistant to 14
other conventional medical treatments;] 15
(r)[(f)] Post-traumatic stress disorder;[ and] 16
(s) Severe arthritis; 17
(t) Sickle cell disease; 18
(u) Any terminal illness as defined in KRS 217.5401; and 19
(v)[(g)] Any other medical condition or disease for which the Kentucky Center 20
for Cannabis established in KRS 164.983, or its successor, determines that 21
sufficient scientific data and evidence exists to demonstrate that an individual 22
diagnosed with that condition or disease is likely to receive medical, 23
therapeutic, or palliative benefits from the use of medicinal cannabis; 24
(27) "Raw plant material": 25
(a) Means the trichome-covered part of the female plant Cannabis sp. or any 26
mixture of shredded leaves, stems, seeds, and flowers of the Cannabis sp. 27 UNOFFICIAL COPY 25 RS BR 1303
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plant; and 1
(b) Does not include plant material obtained from industrial hemp as defined in 2
KRS 260.850; 3
(28) "Registered qualified patient" means a qualified patient who has applied for, 4
obtained, and possesses a valid registry identification card issued by the cabinet; 5
(29) "Registry identification card" means a document issued by the cabinet that 6
identifies a person as a registered qualified patient, visiting qualified patient, or 7
designated caregiver; 8
(30) "Safety compliance facility" means an entity licensed as such under KRS 218B.080, 9
218B.085, and 218B.090; 10
(31) "Safety compliance facility agent" means a principal officer, board member, 11
employee, volunteer, or agent of a safety compliance facility; 12
(32) "Seedling" means a medicinal cannabis plant that has no flowers and is not taller 13
than eight (8) inches; 14
(33) "Serious violation" means: 15
(a) Any violation of this chapter or any administrative regulation promulgated 16
thereunder that is capable of causing death or which causes serious and 17
prolonged disfigurement, prolonged impairment of health, or prolonged loss 18
or impairment of the function of any bodily organ; 19
(b) The diversion of medicinal cannabis for use not regulated pursuant to this 20
chapter; or 21
(c) Any act that would constitute a violation of KRS 218A.1421; 22
(34) "Smoking" means the inhalation of smoke produced from the combustion of raw 23
plant material when ignited by a flame; 24
(35) "State licensing board" means: 25
(a) The Kentucky Board of Medical Licensure; or 26
(b) The Kentucky Board of Nursing; 27 UNOFFICIAL COPY 25 RS BR 1303
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(36) "Telehealth" has the same meaning as in KRS 211.332; 1
(37) "Use of medicinal cannabis": 2
(a) Includes the acquisition, administration, possession, transfer, transportation, 3
or consumption of medicinal cannabis or medicinal cannabis accessories by a 4
cardholder in accordance with this chapter; and 5
(b) Does not include: 6
1. Cultivation of marijuana by a cardholder; 7
2. The use or consumption of marijuana by smoking; or 8
3. The use of industrial hemp or industrial hemp products as defined in 9
KRS 260.850; 10
(38) "Visiting qualified patient" means a person who has registered as such through the 11
cabinet as required under this chapter or who possesses a valid out-of-state registry 12
identification card and documentation of having been diagnosed with a qualifying 13
medical condition; and 14
(39) "Written certification" means a document dated and signed by a medicinal cannabis 15
practitioner, that: 16
(a) States, that in the medicinal cannabis practitioner's professional medical 17
opinion, the patient may receive medical, therapeutic, or palliative benefit 18
from the use of medicinal cannabis; 19
(b) Specifies the qualifying medical condition or conditions for which the 20
medicinal cannabis practitioner believes the patient may receive medical, 21
therapeutic, or palliative benefit; and 22
(c) Affirms that the medicinal cannabis practitioner has a bona fide practitioner-23
patient relationship with the patient. 24
Section 2. KRS 218B.025 is amended to read as follows: 25
(1) A registered qualified patient, except as provided in subsection (2) of this section 26
and KRS 218B.035, shall not be subject, under the laws of the Commonwealth, to 27 UNOFFICIAL COPY 25 RS BR 1303
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arrest, prosecution, or denial of any right or privilege, including but not limited to a 1
civil penalty or disciplinary action by a court or occupational or professional 2
licensing board, for the use of medicinal cannabis, if the registered qualified patient 3
does not possess more than: 4
(a) An amount of medicinal cannabis determined by the cabinet to constitute an 5
uninterrupted thirty (30) day supply at his or her residence, except as 6
permitted under Section 7 of this Act; 7
(b) An amount of medicinal cannabis in excess of a thirty (30) day supply at his 8
or her residence, in accordance with administrative regulations promulgated 9
pursuant to KRS 218B.140(1)(c)6.; or 10
(c) An amount of medicinal cannabis determined by the cabinet to constitute an 11
uninterrupted ten (10) day supply on his or her person, except that an amount 12
greater than a ten (10) day supply may be transported by a registered qualified 13
patient from a dispensary to his or her residence if the medicinal cannabis is 14
contained in a sealed package that requires at least a two (2) step process for 15
initial opening. 16
(2) A registered qualified patient who is under eighteen (18) years of age shall not be 17
permitted to possess, purchase, or acquire medicinal cannabis and shall only engage 18
in the use of medicinal cannabis with the assistance of a designated caregiver who 19
is the registered qualified patient's parent or legal guardian responsible for 20
providing consent for medical treatment. 21
(3) A visiting qualified patient shall not be subject, under the laws of the 22
Commonwealth, to arrest, prosecution, or denial of any right or privilege, including 23
but not limited to civil penalty or disciplinary action by a court or occupational or 24
professional licensing board, for the use of medicinal cannabis, if the visiting 25
qualified patient does not possess more than an amount of medicinal cannabis 26
determined by the cabinet to constitute an uninterrupted ten (10) day supply on his 27 UNOFFICIAL COPY 25 RS BR 1303
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or her person. 1
(4) A designated caregiver shall not be subject, under the laws of the Commonwealth, 2
to arrest, prosecution, or denial of any right or privilege, including but not limited to 3
civil penalty or disciplinary action by a court or occupational or professional 4
licensing board, for assisting a registered qualified patient to whom the designated 5
caregiver is connected through the cabinet's registration process with the use of 6
medicinal cannabis if the designated caregiver does not possess more than: 7
(a) An amount of medicinal cannabis determined by the cabinet to constitute an 8
uninterrupted thirty (30) day supply at his or her residence for each registered 9
qualified patient to whom the caregiver is connected through the cabinet's 10
registration process, except as permitted under Section 7 of this Act; 11
(b) An amount of medicinal cannabis in excess of a thirty (30) day supply at his 12
or her residence for each registered qualified patient to whom the caregiver is 13
connected through the cabinet's registration process, in accordance with 14
administrative regulations promulgated pursuant to KRS 218B.140(1)(c)6.; or 15
(c) An amount of medicinal cannabis determined by the cabinet to constitute an 16
uninterrupted ten (10) day supply on his or her person for each registered 17
qualified patient to whom the caregiver is connected through the cabinet's 18
registration process, except that an amount greater than a ten (10) day supply 19
may be transported by a designated caregiver from a dispensary to his or her 20
residence if the medicinal cannabis is contained in a sealed package that 21
requires at least a two (2) step process for initial opening. 22
(5) (a) All medicinal cannabis possessed by a cardholder outside of his or her 23
residence shall be kept in the original container in which the cardholder 24
received the medicinal cannabis from a dispensary. 25
(b) When a cardholder possesses medicinal cannabis outside of his or her 26
residence, the cardholder shall also be in possession of a valid registry 27 UNOFFICIAL COPY 25 RS BR 1303
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identification card issued by the cabinet or, for visiting qualified patients, a 1
valid out-of-state registry identification card and documentation of having 2
been diagnosed with a qualifying medical condition. 3
(c) Paragraph (a) of this subsection shall not apply to medicinal cannabis that 4
is the product of cultivation by a cardholder as permitted under Section 7 of 5
this Act. 6
(6) Notwithstanding subsections (1), (3), and (4) of this section and except as provided 7
in administrative regulations promulgated pursuant to KRS 218B.140(1)(c)6.: 8
(a) A registered qualified patient shall not be permitted to purchase more 9
medicinal cannabis than the amount determined by the cabinet to constitute an 10
uninterrupted thirty (30) day supply of medicinal cannabis during a given 11
twenty-five (25) day period; 12
(b) A designated caregiver shall not be permitted to purchase more medicinal 13
cannabis than the amount determined by the cabinet to constitute an 14
uninterrupted thirty (30) day supply of medicinal cannabis for each registered 15
qualified patient to whom the caregiver is connected through the cabinet's 16
registration process during a given twenty-five (25) day period; and 17
(c) A visiting qualified patient shall not be permitted to purchase more medicinal 18
cannabis than the amount determined by the cabinet to constitute an 19
uninterrupted ten (10) day supply of medicinal cannabis during a given eight 20
(8) day period. 21
(7) A cardholder shall not be subject, under the laws of the Commonwealth, to arrest, 22
prosecution, or denial of any right or privilege, including but not limited to a civil 23
penalty or disciplinary action by a court or occupational or professional licensing 24
board, for: 25
(a) Possession of cannabis that is incidental to the use of medicinal cannabis; 26
(b) Possession of medicinal cannabis accessories; or 27 UNOFFICIAL COPY 25 RS BR 1303
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(c) Transferring medicinal cannabis to a safety facility for testing. 1
(8) No person shall be subject, under the laws of the Commonwealth, to arrest, 2
prosecution, or denial of any right or privilege, including but not limited to a civil 3
penalty or disciplinary action by a court or occupational or professional licensing 4
board, for: 5
(a) Selling medicinal cannabis accessories to a cardholder who is over eighteen 6
(18) years of age upon presentation of a valid registry identification card 7
issued by the cabinet or, for visiting qualified patients, a valid out-of-state 8
registry identification card and documentation of having been diagnosed with 9
a qualifying medical condition; 10
(b) Being in the presence or vicinity of the use of medicinal cannabis as allowed 11
under this chapter; or 12
(c) Assisting a registered qualified patient or visiting qualified patient with using 13
or administering medicinal cannabis. For purposes of illustration and not 14
limitation, this includes preparing raw plant material or brewing tea for a 15
registered qualified patient or visiting qualified patient. It does not include 16
providing medicinal cannabis to a patient that the patient did not already 17
possess. 18
(9) Notwithstanding any other provision of law to the contrary, a registered qualified 19
patient who is injured or defrauded, including by theft or deprivation of use and 20
benefit of any money, personal property including medicinal cannabis, or articles of 21
value of any kind, by his or her designated caregiver shall have a civil cause of 22
action in Circuit Court to recover the actual damages sustained, together with the 23
cost of the lawsuit, including a reasonable fee for the individual's attorney of record. 24
Section 3. KRS 218B.030 is amended to read as follows: 25
(1) (a) Any medicinal cannabis, medicinal cannabis accessories, lawful property, or 26
interest in lawful property that is possessed, owned, or used in connection 27 UNOFFICIAL COPY 25 RS BR 1303
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with the use of medicinal cannabis or acts incidental to that use shall not be 1
subject to seizure or forfeiture under KRS 218A.405 to 218A.460. 2
(b) This chapter shall not prevent the seizure or forfeiture of marijuana exceeding 3
the amounts allowed under KRS 218B.025 and Section 7 of this Act or 4
administrative regulations promulgated pursuant to KRS 218B.140(1)(c)6., 5
nor shall it prevent seizure or forfeiture if the basis for that action is unrelated 6
to the use of medicinal cannabis in accordance with this chapter and any 7
administrative regulation promulgated thereunder. 8
(2) Possession of, or application for, a registry identification card, an out-of-state 9
registry identification card, or cannabis business license shall not constitute 10
probable cause or reasonable suspicion, nor shall it be used to support the search of 11
the person, property, or home of the person possessing or applying for the registry 12
identification card, out-of-state registry identification card, or cannabis business 13
license. The possession of, or application for, a registry identification card, out-of-14
state registry identification card, or cannabis business license shall not preclude the 15
existence of probable cause if probable cause exists on other grounds. 16
(3) (a) There shall be a rebuttable presumption that a cardholder is engaged in the 17
lawful use of medicinal cannabis, or in the case of a designated caregiver, 18
assisting with the lawful use of medicinal cannabis, if the cardholder: 19
1. Possesses a valid registry identification card or, in the case of a visiting 20
qualified patient, an out-of-state registry identification card and 21
documentation of having been diagnosed with a qualifying medical 22
condition; and 23
2. Possesses an amount of medicinal cannabis that does not exceed the 24
amount allowed under KRS 218B.025 or administrative regulations 25
promulgated pursuant to KRS 218B.140(1)(c)6. 26
(b) This presumption may be rebutted by a preponderance of evidence that 27 UNOFFICIAL COPY 25 RS BR 1303
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conduct was unrelated to the use of medicinal cannabis or was otherwise in 1
violation of this chapter. 2
Section 4. KRS 218B.035 is amended to read as follows: 3
(1) This chapter does not authorize any person to engage in, and shall not prevent the 4
imposition of any civil, criminal, or other penalties, including but not limited to 5
criminal prosecution or disciplinary action by the cabinet or an occupational or 6
professional licensing board, for engaging in the following conduct: 7
(a) Operating, navigating, or being in actual physical control of any aircraft, 8
vehicle, vessel, or any other device known, or hereafter invented, that is 9
powered by machinery and that is or may be used to transport persons or 10
property while under the influence of medicinal cannabis; 11
(b) Consuming medicinal cannabis while operating, navigating, or being in actual 12
physical control of an aircraft, vehicle, vessel, or any other device known, or 13
hereafter invented, that is powered by machinery and that is or may be used to 14
transport persons or property; 15
(c) Possessing medicinal cannabis that is within the operator's arm's reach or 16
requires less than a two (2) step process to access while operating, navigating, 17
or being in actual physical control of an aircraft, vehicle, vessel, or any other 18
device known, or hereafter invented, that is powered by machinery and that is 19
or may be used to transport persons or property; 20
(d) Undertaking any task under the influence of medicinal cannabis, when doing 21
so would constitute negligence or professional malpractice; 22
(e) Possessing medicinal cannabis, or otherwise engaging in the use of medicinal 23
cannabis: 24
1. On the grounds of any preschool or primary or secondary school, except 25
as permitted in accordance with policies enacted pursuant to KRS 26
218B.045(4); 27 UNOFFICIAL COPY 25 RS BR 1303
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2. In any correctional facility; or 1
3. On any property of the federal government; 2
(f) Using marijuana, if that person is not a registered qualified patient or visiting 3
qualified patient; 4
(g) Using or consuming marijuana by smoking, except as permitted under 5
subsection (3) of this section; 6
(h) Using or consuming marijuana by vaping while on any form of public 7
transportation, in any public place as defined in KRS 525.010, or in any place 8
of public accommodation, resort, or amusement as defined in KRS 344.130; 9
or 10
(i) Cultivating marijuana unless that person is licensed by the cabinet as a 11
cannabis cultivator or cannabis producer pursuant to KRS 218B.080, 12
218B.085, and 218B.090 or is a cultivator or producer agent, except as 13
permitted in Section 7 of this Act. 14
(2) The penalty for a violation of subsection (1)(a) or (b) of this section shall be the 15
same as those established for operating a motor vehicle under the influence of 16
alcohol or any other substance in KRS 189A.010. 17
(3) (a) An individual who violates subsection (1)(g) or (h) of this section shall not be 18
considered to be in possession of medicinal cannabis or engaged in the use of 19
medicinal cannabis and shall not benefit from the legal protections afforded 20
by this chapter. 21
(b) A registered qualified patient shall not be considered to be in violation of 22
subsection (1)(g) of this section if he or she uses or consumes medicinal 23
cannabis by smoking while on private property owned by the registered 24
qualified patient or his or her designated caregiver. 25
(c) The odor or smell of uncombusted raw plant material shall not constitute 26
evidence of use or consumption of cannabis by smoking. 27 UNOFFICIAL COPY 25 RS BR 1303
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(d)[(c)] If an individual uses or consumes marijuana by smoking or vaping while 1
on any form of public transportation, in any public place as defined in KRS 2
525.010, or in any place of public accommodation, resort, or amusement as 3
defined in KRS 344.130: 4
1. The cabinet may revoke the individual's registry identification card; and 5
2. The individual may be subject to prosecution under KRS 218A.1421 6
and 218A.1422. 7
(4) Nothing in this chapter supersedes statutory laws relating to driving while under the 8
influence of intoxicants. This chapter shall not prevent the enforcement of current 9
laws pertaining to driving while intoxicated, including KRS 183.061, 189.520, 10
189A.010, and 235.240. 11
(5) As used in this section: 12
(a) "Aircraft" has the same meaning as in KRS 183.011; 13
(b) "Vehicle" has the same meaning as in KRS 189.010; and 14
(c) "Vessel" has the same meaning as in KRS 235.010. 15
Section 5. KRS 218B.080 is amended to read as follows: 16
(1) No person shall cultivate, except as permitted under Section 7 of this Act, process, 17
produce, possess, test, transfer, transport, or sell medicinal cannabis or otherwise 18
operate a cannabis business in this state without first obtaining a license under this 19
section. 20
(2) The cabinet shall create separate licenses, licensure application fees, initial 21
licensure fees, and licensure renewal fees allowing persons to operate a cannabis 22
business, pursuant to this chapter and any administrative regulations promulgated 23
thereunder, as a: 24
(a) Tier I cannabis cultivator; 25
(b) Tier II cannabis cultivator; 26
(c) Tier III cannabis cultivator; 27 UNOFFICIAL COPY 25 RS BR 1303
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(d) Tier IV cannabis cultivator; 1
(e) Cannabis dispensary; 2
(f) Cannabis processor; 3
(g) Cannabis producer; or 4
(h) Cannabis safety compliance facility. 5
(3) Licensure application fees, initial licensing fees, and licensure renewal fees 6
collected by the cabinet pursuant to this section shall be retained by the cabinet for 7
administrative purposes. 8
(4) (a) Except as provided in paragraph (b) of this subsection, a cannabis business 9
shall be required to apply for and obtain from the cabinet a separate license 10
for each location it intends to operate. 11
(b) A cannabis business licensed as a producer may operate cultivation and 12
processing activities at separate locations, but shall not operate more than one 13
(1) cultivation and one (1) processing facility per license. 14
(5) (a) A cannabis business license issued under this section and KRS 218B.085 and 15
218B.090 shall be valid for one (1) year from the date of issuance. The 16
cabinet shall notify each licensee ninety (90) days prior to the date the license 17
expires to allow the licensee to begin the renewal process established by the 18
cabinet pursuant to KRS 218B.140. 19
(b) The renewal of a cannabis business license shall be contingent upon 20
successful achievement of minimal performance standards established by the 21
cabinet as part of the biennial accreditation process established by the cabinet 22
pursuant to KRS 218B.140. 23
(6) The cabinet shall approve a license holder's sale of a license issued pursuant to this 24
section and KRS 218B.085 and 218B.090 if the purchaser and any new facilities 25
meet the requirements of this chapter. 26
Section 6. KRS 218B.140 is amended to read as follows: 27 UNOFFICIAL COPY 25 RS BR 1303
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(1) No later than July 1, 2024, the cabinet shall: 1
(a) Ensure that the electronic monitoring system established pursuant to KRS 2
218A.202 is designed or configured to enable: 3
1. Medicinal cannabis practitioners to record the issuance of written 4
certifications to qualified patients, as required by KRS 218B.050; 5
2. The cabinet and state licensing boards to monitor the issuance of written 6
certifications by medicinal cannabis practitioners; 7
3. Cabinet personnel, law enforcement personnel, and dispensary agents to 8
verify the validity of registry identification cards issued by the cabinet 9
by entering a registry identification number to determine whether or not 10
the identification number corresponds with a current, valid registry 11
identification card. The system shall only disclose whether the 12
identification card is valid and whether the cardholder is a registered 13
qualified patient, visiting qualified patient, or designated caregiver; 14
4. Law enforcement personnel and dispensary agents to access medicinal 15
cannabis sales data recorded by dispensary agents pursuant to KRS 16
218B.110; 17
5. Dispensary agents to record the amount of medicinal cannabis that is 18
dispensed to a cardholder during each transaction as required by KRS 19
218B.110; and 20
6. The sharing of dispensing data recorded by dispensary agents pursuant 21
to KRS 218B.110 with all dispensaries in real time; 22
(b) Ensure that the electronic monitoring system established pursuant to KRS 23
218A.202 is designed to facilitate the tracking of medicinal cannabis 24
cultivated, processed, or produced by a licensed cannabis business from the 25
point of cultivation to the point of sale to cardholders; and 26
(c) Promulgate administrative regulations in accordance with KRS Chapter 13A 27 UNOFFICIAL COPY 25 RS BR 1303
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to establish: 1
1. Procedures for the issuance, renewal, suspension, and revocation of 2
registry identification cards, including the creation of a standardized: 3
a. Written certification form; and 4
b. Application form which the cabinet shall require to be notarized; 5
2. Procedures for the issuance and revocation of registry identification 6
cards; 7
3. Procedures for the issuance, renewal, suspension, and revocation of 8
cannabis business licenses, including the creation of a uniform licensure 9
application form which the cabinet shall require to be notarized and 10
minimal performance standards for a biennial accreditation process with 11
all such procedures subject to the requirements of KRS Chapters 13A 12
and 13B; 13
4. A convenience fee to be assessed and collected by dispensaries for 14
visiting qualified patients who do not possess a valid registry 15
identification card issued by the cabinet and who purchase medicinal 16
cannabis with an out-of-state registry identification card and 17
documentation of having been diagnosed with a qualifying medical 18
condition. The convenience fee established pursuant to this 19
subparagraph shall not exceed fifteen dollars ($15) per transaction; 20
5. In collaboration with the Board of Physicians and Advisors: 21
a. A definition of the amount of medicinal cannabis or delta-9 22
tetrahydrocannabinol that constitutes a daily supply, an 23
uninterrupted ten (10) day supply, and an uninterrupted thirty (30) 24
day supply of medicinal cannabis; and 25
b. The amount of raw plant material that medicinal cannabis products 26
are considered to be equivalent to; 27 UNOFFICIAL COPY 25 RS BR 1303
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6. A process by which a medicinal cannabis practitioner may recommend, 1
and a registered qualified patient or his or her designated caregiver may 2
legally purchase and possess, an amount of medicinal cannabis in excess 3
of the thirty (30) day supply of medicinal cannabis, if the medicinal 4
cannabis practitioner reasonably believes that the standard thirty (30) 5
day supply would be insufficient in providing the patient with 6
uninterrupted therapeutic or palliative relief; 7
7. Provisions governing the following matters related to cannabis 8
businesses with the goal of protecting against diversion and theft, 9
without imposing any undue burden that would make cannabis business 10
operations unreasonable or impractical on cannabis businesses or 11
compromising the confidentiality of cardholders: 12
a. Recordkeeping and inventory control requirements, including the 13
use of the electronic monitoring systems established pursuant to 14
KRS 218A.202; 15
b. Procedures for the verification and validation of a registry 16
identification card, or its equivalent, that was issued pursuant to 17
the laws of another state, district, territory, commonwealth, or 18
insular possession of the United States that allows for the use of 19
medicinal cannabis in the jurisdiction of issuance; 20
c. Security requirements for safety compliance facilities, processors, 21
producers, dispensaries, and cultivators, which shall include at a 22
minimum lighting, video security, alarm requirements, on-site 23
parking, and measures to prevent loitering; 24
d. Procedures for the secure transportation, including delivery 25
services provided by dispensaries, and storage of medicinal 26
cannabis by cannabis business licensees and their employees or 27 UNOFFICIAL COPY 25 RS BR 1303
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agents; 1
e. Employment and training requirements for licensees and their 2
agents, including requiring each licensee to create an identification 3
badge for each of the licensee's agents or employees; and 4
f. Restrictions on visits to licensed cultivation and processing 5
facilities, including requiring the use of visitor logs; 6
8. Procedures to establish, publish, and annually update a list of varieties 7
of cannabis that possess a low but effective level of 8
tetrahydrocannabinol, including the substance cannabidiol, by 9
comparing percentages of chemical compounds within a given variety 10
against other varieties of cannabis; 11
9. A rating system that tracks the terpene content of at least the twelve (12) 12
major terpenoids within each strain of cannabis available for medicinal 13
use within the Commonwealth; 14
10. Requirements for random sample testing of medicinal cannabis to 15
ensure quality control, including testing for cannabinoids, terpenoids, 16
residual solvents, pesticides, poisons, toxins, mold, mildew, insects, 17
bacteria, and any other dangerous adulterant; 18
11. Requirements for licensed cultivators, producers, and processors to 19
contract with an independent safety compliance facility to test the 20
medicinal cannabis before it is sold at a dispensary. The cabinet may 21
approve the safety compliance facility chosen by a cultivator, producer, 22
or processor and require that the safety compliance facility report test 23
results for a designated quantity of medicinal cannabis to the cultivator, 24
producer, or processor and cabinet; 25
12. Standards for the operation of safety compliance facilities which may 26
include: 27 UNOFFICIAL COPY 25 RS BR 1303
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a. Requirements for equipment; 1
b. Personnel qualifications; and 2
c. Requiring facilities to be accredited by a relevant certifying entity; 3
13. Standards for the packaging and labeling of medicinal cannabis sold or 4
distributed by cannabis businesses which shall comply with 15 U.S.C. 5
secs. 1471 to 1476 and shall include: 6
a. Standards for packaging that requires at least a two (2) step 7
process of initial opening; 8
b. A warning label which may include the length of time it typically 9
takes for the product to take effect, how long the effects of the 10
product typically last, and any other information deemed 11
appropriate or necessary by the cabinet; 12
c. The amount of medicinal cannabis the product is considered the 13
equivalent to; 14
d. Disclosing ingredients, possible allergens, and certain bioactive 15
components, including cannabinoids and terpenoids, as determined 16
by the cabinet; 17
e. A nutritional fact panel; 18
f. Opaque, child-resistant packaging; 19
g. [A requirement that all raw plant material packaged or sold in this 20
state be marked or labeled as "NOT INTENDED FOR 21
CONSUMPTION BY SMOKING"; 22
h. ]A requirement that medicinal cannabis products be clearly 23
marked with an identifiable and standardized symbol indicating 24
that the product contains cannabis; 25
h.[i.] A requirement that all medicinal cannabis product packaging 26
include an expiration date; and 27 UNOFFICIAL COPY 25 RS BR 1303
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i.[j.] A requirement that medicinal cannabis products and their 1
packaging not be visually reminiscent of major brands of edible 2
noncannabis products or otherwise present an attractive nuisance 3
to minors; 4
14. Health and safety requirements for the processing of medicinal cannabis 5
and the indoor cultivation of medicinal cannabis by licensees; 6
15. Restrictions on: 7
a. Additives to medicinal cannabis that are toxic, including vitamin E 8
acetate, or increase the likelihood of addiction; and 9
b. Pesticides, fertilizers, and herbicides used during medicinal 10
cannabis cultivation which pose a threat to human health and 11
safety; 12
16. Standards for the safe processing of medicinal cannabis products created 13
by extracting or concentrating compounds from raw plant material; 14
17. Standards for determining the amount of unprocessed raw plant material 15
that medicinal cannabis products are considered the equivalent to; 16
18. Restrictions on advertising, marketing, and signage in regard to 17
operations or establishments owned by licensees necessary to prevent 18
the targeting of minors; 19
19. The requirement that evidence-based educational materials regarding 20
dosage and impairment be disseminated to registered qualified patients, 21
visiting qualified patients, and designated caregivers who purchase 22
medicinal cannabis products; 23
20. Policies governing insurance requirements for cultivators, dispensaries, 24
processors, producers, and safety compliance facilities; and 25
21. Standards, procedures, or restrictions that the cabinet deems necessary 26
to ensure the efficient, transparent, and safe operation of the medicinal 27 UNOFFICIAL COPY 25 RS BR 1303
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cannabis program, except that the cabinet shall not promulgate any 1
administrative regulation that would impose an undue burden or make 2
cannabis business operations unreasonable or impractical. 3
(2) No later than January 1, 2025, the cabinet shall: 4
(a) Establish a medicinal cannabis adverse drug effects reporting system for the 5
purpose of allowing cardholders to report adverse drug effects via telephone 6
or online; and 7
(b) In collaboration with the Board of Physicians and Advisors, produce the 8
Medicinal Cannabis Advisory Pamphlet which shall include but not be limited 9
to: 10
1. Information on the risks, dangers, and possible side effects of the use of 11
medicinal cannabis; 12
2. Information on the medicinal cannabis adverse drug effects reporting 13
system and how to report adverse drug effects; and 14
3. A detachable signature page which shall be: 15
a. Signed by a cardholder each time he or she receives a copy of the 16
Medicinal Cannabis Advisory Pamphlet as required under KRS 17
218B.110(2)(d); and 18
b. Retained by the dispensary for a period of at least thirty-six (36) 19
months. 20
(3) The cabinet shall provide each licensed dispensary with an adequate number of 21
Medicinal Cannabis Advisory Pamphlets to ensure that the dispensary is able to 22
comply with the requirements of KRS 218B.110(2)(d). 23
(4) Except as provided in KRS 218B.035(1)(g), 218B.095(2)(b), 218.110(2)(e), 24
218B.115(2), 218B.120(3), and subsection (1)(c)10., 13., 15., and 16. of this 25
section, the cabinet shall not restrict or limit methods of delivery, use, or 26
consumption of medicinal cannabis or the types of products that may be acquired, 27 UNOFFICIAL COPY 25 RS BR 1303
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produced, processed, possessed, sold, or distributed by a cannabis business. 1
(5) If a need for additional cannabis cultivation in this state is demonstrated by 2
cannabis businesses or the cabinet's own analysis, the cabinet may through the 3
promulgation of administrative regulations increase the cultivation area square 4
footage limits for either cultivators or producers, or both by up to three (3) times the 5
limits established in KRS 218B.105 and 218B.120. Any increase in the cultivation 6
square footage limits adopted by the cabinet pursuant to this section shall not result 7
in an increase in the licensure application or renewal fees established by the cabinet. 8
(6) When promulgating administrative regulations under this section, the cabinet shall 9
consider standards, procedures, and restrictions that have been found to be best 10
practices relative to the use and regulation of medicinal cannabis. 11
SECTION 7. A NEW SECTION OF KRS CHAPTER 218B IS CREATED TO 12
READ AS FOLLOWS: 13
(1) Notwithstanding any provision of law to the contrary, in addition to the 14
possession limits established in subsections (1)(a) and 4(a) of Section 2 of this 15
Act: 16
(a) 1. A registered qualified patient who is at least eighteen (18) years of age 17
shall be permitted to possess, cultivate, and harvest up to three (3) 18
mature medicinal cannabis plants and up to three (3) seedlings on 19
private property owned by the registered qualified patient. 20
2. A designated caregiver shall be permitted to possess, cultivate, and 21
harvest up to three (3) mature medicinal cannabis plants and up to 22
three (3) seedlings for each registered qualified patient to whom the 23
designated caregiver is connected through the cabinet's registration 24
process on private property owned by the designated caregiver; and 25
(b) Cardholders who possess, cultivate, and harvest mature medicinal cannabis 26
plants and seedlings shall be permitted to possess, on private property they 27 UNOFFICIAL COPY 25 RS BR 1303
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own, any amount of raw plant material and medicinal cannabis products 1
resulting from at-home cultivation activities permitted under this section. 2
(2) Cardholders who wish to possess, cultivate, and harvest medicinal cannabis 3
plants and seedlings shall not be required under this chapter or by any 4
administrative regulation promulgated by the cabinet to register or otherwise 5
notify the cabinet of their intent to possess, cultivate, and harvest medicinal 6
cannabis plants and seedlings on private property they own. 7
(3) Mature medicinal cannabis plants and seedlings possessed, cultivated, and 8
harvested by cardholders shall be stored in an enclosed, locked space such as a 9
closet, room, greenhouse, or other indoor locked space located on private 10
property owned by the cardholder. 11
(4) The concentration and potency limits for commercially available medicinal 12
cannabis established in KRS 218B.095, 218B.110, 218B.115, and 218B.120 shall 13
not apply to raw plant material or medicinal cannabis products resulting from at-14
home cultivation activities permitted under this section. 15
(5) (a) Except for a designated caregiver who may provide medicinal cannabis to a 16
registered qualified patient to whom they are connected through the 17
cabinet's registration process, nothing in this section shall be interpreted as 18
authorizing or otherwise permitting a cardholder to transfer or sell 19
medicinal cannabis, mature medicinal cannabis plants, or seedlings to 20
another individual including another cardholder. 21
(b) A cardholder who transfers or sells medicinal cannabis, mature medicinal 22
cannabis plants, or seedlings to another individual in violation of paragraph 23
(a) of this subsection, may be subject to prosecution including under KRS 24
218A.1421. 25