A Summary of the Kentucky Medical Marijuana Bill
Section 1:
This bill introduces new regulations for medical marijuana in Kentucky. It defines key terms such as "cannabis business," "cardholder," "cultivator," "dispensary," "medicinal cannabis," "medicinal cannabis practitioner," "qualified patient," "qualifying medical condition," "registry identification card," and "written certification." The bill outlines the process for medical practitioners to certify patients for medical marijuana use, including establishing a bona fide practitioner-patient relationship and advising patients of risks and benefits. It also sets regulations for licensed cannabis businesses, cultivators, dispensaries, processors, and safety compliance facilities.
The bill specifies qualifying medical conditions, including various types of cancer, chronic pain, epilepsy, multiple sclerosis, nausea, and post-traumatic stress disorder, among others. It does not allow cardholders to cultivate marijuana, smoke marijuana, or use industrial hemp products. The bill also provides guidelines for visiting qualified patients who possess a valid out-of-state registry identification card and documentation of a qualifying medical condition.
Section 2
This section of the bill states that nothing in Sections 1 to 30 shall apply to industrial hemp or industrial hemp products. It establishes that the use of medicinal cannabis by a cardholder and related activities by a cannabis business or agent are considered lawful if done in accordance with the Act and any related regulations. It also protects medicinal cannabis practitioners, attorneys, and other professionals from legal consequences solely for providing assistance or services related to the medicinal cannabis industry.
However, the section clarifies that it does not protect individuals from legal penalties arising from criminal activities, breaches of contract, or negligence. It also allows for medicinal cannabis practitioners to be subject to administrative penalties for violating the Act or related regulations.
Cardholders who are licensed under KRS Chapter 311 or KRS Chapter 314 may face intervention or disciplinary action by their state licensing board if they are found to be impaired by, abusing, or habitually using medicinal cannabis in a way that interferes with their professional, social, or economic functions.
Section 3
The Cabinet for Health and Family Services is responsible for the implementation, operation, oversight, and regulation of the medicinal cannabis program established in Sections 1 to 30 of this Act. A Board of Physicians and Advisors is established within the cabinet, consisting of seven physicians and two advanced practice registered nurses. The Board of Physicians and Advisors is responsible for reviewing and recommending protocols, performance standards, and other duties related to the use of medicinal cannabis.
Starting in 2024, an annual report will be submitted to the Legislative Research Commission, including information on applications, renewals, the number of medicinal cannabis practitioners, medical conditions for which medicinal cannabis has been provided, and other relevant data. The University of Kentucky College of Medicine and the Kentucky Center for Cannabis will collaborate with the cabinet on the preparation of this report.
Section 4
A registered qualified patient in the Commonwealth is protected from arrest, prosecution, or denial of rights and privileges for using medicinal cannabis, as long as they possess no more than a 30-day supply at their residence, or a 10-day supply on their person. Patients under 18 must use medicinal cannabis with the assistance of a designated caregiver. Visiting qualified patients have similar protections with a 10-day supply. Designated caregivers have similar protections while assisting registered patients, with possession limits based on the number of patients they care for. Cardholders must keep medicinal cannabis in its original container when outside their residence and carry a valid registry identification card. Purchase limits are set for registered patients, designated caregivers, and visiting patients. Individuals are also protected for selling medicinal cannabis accessories, being near medicinal cannabis use, and assisting patients with administering it. Registered patients can pursue a civil cause of action against a designated caregiver who has caused injury or fraud.
Section 5
Medicinal cannabis and related accessories are not subject to seizure or forfeiture under KRS 218A.405 to 218A.460, unless the amount exceeds the allowed limit or the seizure is unrelated to the use of medicinal cannabis according to the Act. Possession of, or application for, a registry identification card or cannabis business license does not constitute probable cause or reasonable suspicion for search. A cardholder is presumed to be engaged in lawful use of medicinal cannabis if they possess a valid registry identification card and an amount of medicinal cannabis within the allowed limit. This presumption can be rebutted if there is evidence that the conduct is unrelated to the use of medicinal cannabis or violates the Act.
Section 6
The Act does not authorize individuals to engage in specific activities, such as operating vehicles or machinery under the influence of medicinal cannabis, consuming it while in control of such devices, possessing it within reach while operating vehicles or machinery, undertaking tasks under its influence that constitutes negligence or professional malpractice, possessing or using it in prohibited areas, using marijuana without being a registered patient, smoking marijuana, or cultivating it without a license. Violations of these provisions may lead to penalties, revocation of registry identification cards, or criminal prosecution. The Act does not supersede existing laws regarding driving under the influence of intoxicants and will not prevent enforcement of current laws related to driving while intoxicated.
Section 7
Sections 1 to 30 of the Act do not require employers to accommodate medicinal cannabis use in the workplace or prohibit them from implementing policies promoting workplace health and safety. Employers can restrict medicinal cannabis use, include provisions in contracts prohibiting its use, establish drug testing policies, or determine employee impairment. Employees discharged for consuming medicinal cannabis in the workplace, working under its influence, or testing positive for a controlled substance may be ineligible for benefits under KRS Chapter 341 if their actions violate an employment contract or personnel policy. Employers shall not be penalized or denied any benefit under state law for employing a cardholder.
Section 8
A registered qualified patient or visiting qualified patient using medicinal cannabis shall have the same rights under state and local law as if they were prescribed pharmaceutical medications, including drug testing and organ transplants. A cardholder's rights to child custody or visitation shall not be denied due to their medicinal cannabis use unless clear and convincing evidence shows it poses an unreasonable danger to the child. Health facilities may develop policies allowing medicinal cannabis use on their premises. Schools cannot refuse enrollment or penalize cardholders and must establish policies by July 1, 2024, permitting registered qualified student patients to consume medicinal cannabis on school property under the supervision of a school nurse or appropriate staff.
Section 9
Physicians or advanced practice registered nurses seeking to provide written certifications for medicinal cannabis must apply to their state licensing board. The board will approve applications that meet established requirements and disallow those with ownership or investment interest in cannabis businesses. Authorized practitioners must establish a bona fide practitioner-patient relationship, diagnose or confirm diagnoses, and review electronic monitoring system reports before providing a written certification. Initial certifications must be provided during an in-person examination, with subsequent certifications allowed via telehealth. Medicinal cannabis practitioners cannot dispense cannabis or provide written certifications to themselves or family members. State licensing boards can suspend or revoke practitioners' authorizations for violations and must establish procedures, conditions, and standards for medicinal cannabis practitioners. This section does not apply to practitioners involved in research protocols, clinical trials, or investigational new drug applications.
Section 10
In Kentucky, a person must apply for and receive a registry identification card to possess, purchase, or use medicinal cannabis. To be eligible, a qualified patient must be a resident of Kentucky, obtain written certification from a medicinal practitioner, and not have a disqualifying felony offense. Designated caregivers must also be Kentucky residents, at least 21 years old, and not have a disqualifying felony offense. Visiting patients must meet certain criteria to be eligible for a registry identification card. Application for the registry identification card requires submitting personal information, written certification, caregiver details (if applicable), and fees. Patients under 18 years of age must provide additional documentation and parental/guardian consent. Visiting patients must submit additional required documents.
Section 11
The cabinet will establish and operate a registry identification card program for registered qualified patients, visiting qualified patients, and designated caregivers. Registry identification cards will contain various details such as name, designation, issuance and expiration dates, a unique alphanumeric identification number, a barcode, and a photograph if required. The card's expiration date is one year after issuance, unless specified otherwise by the medicinal cannabis practitioner. The cabinet may electronically store the card's information. A provisional registration receipt system will also be in place, valid for 45 days or until a permanent card is issued. The receipt contains temporary details and serves as a valid registry identification card during the specified period.
Section 12
The cabinet must acknowledge receipt of an application within 15 days and approve or deny it within 30 days. Registry identification cards will be issued within 5 days of approval. Cards will not be issued to patients under 18 unless their legal guardian consents in writing and serves as the patient's designated caregiver. The cabinet may deny applications or renewals for various reasons, including providing false information or not meeting eligibility requirements. Denials can be appealed through administrative hearings and are subject to judicial review. Criminal background checks may be conducted to determine prior convictions of disqualifying felony offenses.
Section 13
Cardholders must notify the cabinet of changes in name, address, medical condition, caregiver relationship, or lost cards. Unused medicinal cannabis products must be returned to a licensed dispensary for destruction when certain notifications are made. New registry identification cards will be issued within 10 days of receiving updated information. If a patient ceases to be a registered qualified patient or changes caregivers, the cabinet will notify the caregiver, whose protections will expire 15 days after notification. If a patient no longer benefits from medicinal cannabis or has died, their protections will expire 15 days after notification, and they have 15 days to dispose of or donate their cannabis to a dispensary.
Section 14
Cardholders who sell or distribute medicinal cannabis to unauthorized individuals will have their registry identification card revoked and may face penalties, including criminal prosecution. The cabinet may revoke cards for multiple or serious violations of the Act. Upon revocation, the cabinet will notify the cardholder via certified mail, and the cardholder may request an administrative hearing within 30 days. Final orders after hearings are subject to judicial review, with jurisdiction and venue in the Circuit Court of the cardholder's county of residence.
Section 15
No one can cultivate, process, produce, possess, test, transfer, transport, or sell medicinal cannabis or operate a cannabis business in the state without obtaining a license. The cabinet will create separate licenses, application fees, initial licensing fees, and renewal fees for various cannabis business types. Fees collected will be retained by the cabinet for administrative purposes. Cannabis businesses must obtain a separate license for each location, except producers may operate cultivation and processing activities at separate locations under one license. Licenses are valid for one year and can be renewed based on meeting minimal performance standards. The cabinet must approve the sale of a license if the purchaser and new facilities meet requirements.
Section 16
The cabinet will create a uniform application form for cannabis business licenses. Applicants must submit the following: proposed legal name of the business, proposed physical address and GPS coordinates for cultivation activities, name, address, and date of birth of principal officers and board members, instances of convictions, fines, censures, or license suspensions/revocations related to board members' involvement in businesses or not-for-profit entities, and any additional information required by the cabinet.
Section 17
The cabinet must acknowledge receipt of a cannabis business license application within 15 days and notify the applicant of approval or denial within 45 days. Applications can be denied for various reasons, such as incomplete materials, falsified information, or non-compliance with local prohibitions. If approved, the business must submit its complete address and GPS coordinates for cultivation activities and the cabinet will issue a license and notify relevant authorities. If denied, the applicant can request an administrative hearing within 30 days. Final orders after hearings are subject to judicial review in the Circuit Court of the county where the business would be located.
Section 18
A licensed cannabis business must comply with regulations, conduct background checks for staff, implement security measures, demonstrate sufficient capital, display its license, and only acquire and dispense medicinal cannabis for valid cardholders. It cannot be located within 1,000 feet of a school or daycare, sell cannabis products exceeding specified THC limits or containing vitamin E acetate, allow minors or non-cardholders on premises, employ or be owned by a medicinal cannabis practitioner, or advertise sales. The business must have oversight procedures, maintain records, and follow specific transport rules. Cultivation of medicinal cannabis must be done by licensed cultivators in enclosed, locked facilities. Non-cardholders aged 18 or older may enter the premises for contract work or official duties.
