HB 401

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1AN ACT relating to medicinal cannabis.
2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:
3Section 1. KRS 218B.010 is amended to read as follows:
4 For the purposes of this chapter, unless the context otherwise requires:
5 (1)    "Bona fide practitioner-patient relationship" means a treating or consulting
6relationship, during the course of which a medicinal cannabis practitioner has:
7(a)     Completed an initial in-person examination and assessment of the patient's
8medical history and current medical condition which shall include a review
9of:
101.     The patient's medical records for the previous twelve (12) months;
112.     All other available medical records relevant to the patient's qualifying
12medical condition;
133.     Any medications that the patient is currently taking; and
144.     Any other possible risks or side effects that may be associated with the
15use of medicinal cannabis;
16(b)     Consulted with the patient with respect to the possible medical, therapeutic,
17and palliative properties of medicinal cannabis;
18(c)     Advised the patient of the possible risks and side effects associated with the
19use of medicinal cannabis, including possible interactions between medicinal
20cannabis and any other drug or medication that the patient is taking at that
21time; and
22(d)     Established an expectation that he or she will provide follow-up care and
23treatment to the patient in accordance with administrative regulations
24promulgated pursuant to KRS 218B.050(10);
25 (2)    "Cabinet" means the Cabinet for Health and Family Services;
26 (3)    "Cannabis business" means an entity licensed under this chapter as a cultivator,
27dispensary, processor, producer, or safety compliance facility;
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1 (4)    "Cannabis business agent" means a principal officer, board member, employee,
2volunteer, or agent of a cannabis business;
3 (5)    "Cardholder" means:
4(a)     A registered qualified patient, designated caregiver, or visiting qualified
5patient who has applied for, obtained, and possesses a valid registry
6identification card issued by the cabinet; or
7(b)     A visiting qualified patient who has obtained and possesses:
81.     A valid out-of-state registry identification card; and
92.     Documentation of having been diagnosed with a qualifying medical
10condition;
11 (6)    "Cultivator" means an entity licensed as such under KRS 218B.080, 218B.085, and
12218B.090;
13 (7)    "Cultivator agent" means a principal officer, board member, employee, volunteer,
14or agent of a cultivator;
15 (8)    "Designated caregiver" means a person who has registered as such with the cabinet
16under KRS 218B.055 and 218B.060;
17 (9)    "Dispensary" means an entity licensed as such under KRS 218B.080, 218B.085,
18and 218B.090;
19 (10) "Dispensary agent" means a principal officer, board member, employee, volunteer,
20or agent of a dispensary;
21 (11) "Disqualifying felony offense" means:
22(a)     A felony offense that resulted in the person being classified by the
23Department of Corrections as a violent offender under KRS 439.3401; or
24(b)     A violation of a state or federal controlled substance law that was classified as
25a felony in the jurisdiction where the person was convicted, except:
261.     An offense for which the sentence, including any term of probation,
27incarceration, or supervised release, was completed five (5) or more
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1years earlier; or
22.     An offense that, as determined by the cabinet, consisted of conduct for
3which this chapter would likely have prevented a conviction, but the
4conduct either occurred prior to the enactment of this chapter or was
5prosecuted by an authority other than the Commonwealth of Kentucky;
6 (12) "Enclosed, locked facility" means an indoor growing space such as a room,
7greenhouse, building, or other indoor enclosed area that is maintained and operated
8by a cultivator or producer and is equipped with locks and other security devices
9that permit access only by authorized agents of the cultivator or producer, as
10required by the cabinet;
11 (13) "Growth area" has the same meaning as an enclosed, locked facility;
12 (14) "Marijuana" has the same meaning as in KRS 218A.010;
13 (15) "Medicinal cannabis":
14(a)     Means marijuana as defined in KRS 218A.010 when cultivated, harvested,
15processed, produced, transported, dispensed, distributed, sold, possessed, or
16used in accordance with this chapter;
17(b)     Includes medicinal cannabis products and raw plant material; and
18(c)     Does not include industrial hemp or industrial hemp products as defined in
19KRS 260.850;
20 (16) "Medicinal cannabis accessories" means any equipment, product, or material of any
21kind which is used, intended for use, or designed for use in the preparing, storing,
22using, or consuming medicinal cannabis in accordance with this chapter;
23 (17) "Medicinal cannabis practitioner" means a physician or an advanced practice
24registered nurse who is authorized to prescribe controlled substances under KRS
25314.042, who is authorized by his or her state licensing board to provide written
26certifications pursuant to KRS 218B.050;
27 (18) "Medicinal cannabis product":
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1(a)     Means any compound, manufacture, salt, derivative, mixture, or preparation
2of any part of the plant Cannabis sp., its seeds or its resin; or any compound,
3mixture, or preparation which contains any quantity of these substances when
4cultivated, harvested, processed, produced, transported, dispensed, distributed,
5sold, possessed, or used in accordance with this chapter; and
6(b)     Does not include industrial hemp products as defined in KRS 260.850;
7 (19) "Minor" means a person less than eighteen (18) years of age;
8 (20) "Out-of-state registry identification card" means a registry identification card, or an
9equivalent document, that was issued pursuant to the laws of another state, district,
10territory, commonwealth, or insular possession of the United States;
11 (21) "Processor" means an entity licensed as such under KRS 218B.080, 218B.085, and
12218B.090;
13 (22) "Processor agent" means a principal officer, board member, employee, volunteer, or
14agent of a processor;
15 (23) "Producer" means an entity licensed as such under KRS 218B.080, 218B.085, and
16218B.090;
17 (24) "Producer agent" means a principal officer, board member, employee, volunteer, or
18agent of a producer;
19 (25) "Qualified patient" means a person who has obtained a written certification from a
20medicinal cannabis practitioner with whom he or she has a bona fide practitioner-
21patient relationship;
22 (26) "Qualifying medical condition" means any of the following:
23(a)     Acquired immunodeficiency syndrome (AIDS);
24(b)     Amyotrophic lateral sclerosis (ALS) or Lou Gehrig's disease;
25(c)     Cachexia or wasting syndrome;
26(d)     [Any type or form of ]Cancer, regardless of type, form, or stage;
27(e)     Chronic nausea or cyclical vomiting syndrome that has proven resistant to
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1other conventional medical treatments;
2(f)[(b)]       Chronic, severe, intractable, or debilitating pain;
3(g)     Crohn's disease;
4(h)[(c)]       Epilepsy or any other intractable seizure disorder;
5(i)     Fibromyalgia;
6(j)     Glaucoma;
7(k)     Hepatitis C;
8(l)     Human immunodeficiency virus (HIV);
9(m) Huntington's disease;
10(n)[(d)]       Multiple sclerosis, muscle spasms, or spasticity;
11(o)     Muscular dystrophy;
12(p)     Neuropathies;
13(q)     Parkinson's disease;
14[(e) Chronic nausea or cyclical vomiting syndrome that has proven resistant to
15other conventional medical treatments;]
16(r)[(f)]       Post-traumatic stress disorder;[ and]
17(s)     Severe arthritis;
18(t)     Sickle cell disease;
19(u)     Any terminal illness as defined in KRS 217.5401; and
20(v)[(g)]       Any other medical condition or disease for which the Kentucky Center
21for Cannabis established in KRS 164.983, or its successor, determines that
22sufficient scientific data and evidence exists to demonstrate that an individual
23diagnosed with that condition or disease is likely to receive medical,
24therapeutic, or palliative benefits from the use of medicinal cannabis;
25 (27) "Raw plant material":
26(a)     Means the trichome-covered part of the female plant Cannabis sp. or any
27mixture of shredded leaves, stems, seeds, and flowers of the Cannabis sp.
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1plant; and
2(b)     Does not include plant material obtained from industrial hemp as defined in
3KRS 260.850;
4 (28) "Registered qualified patient" means a qualified patient who has applied for,
5obtained, and possesses a valid registry identification card issued by the cabinet;
6 (29) "Registry identification card" means a document issued by the cabinet that
7identifies a person as a registered qualified patient, visiting qualified patient, or
8designated caregiver;
9 (30) "Safety compliance facility" means an entity licensed as such under KRS 218B.080,
10218B.085, and 218B.090;
11 (31) "Safety compliance facility agent" means a principal officer, board member,
12employee, volunteer, or agent of a safety compliance facility;
13 (32) "Seedling" means a medicinal cannabis plant that has no flowers and is not taller
14than eight (8) inches;
15 (33) "Serious violation" means:
16(a)     Any violation of this chapter or any administrative regulation promulgated
17thereunder that is capable of causing death or which causes serious and
18prolonged disfigurement, prolonged impairment of health, or prolonged loss
19or impairment of the function of any bodily organ;
20(b)     The diversion of medicinal cannabis for use not regulated pursuant to this
21chapter; or
22(c)     Any act that would constitute a violation of KRS 218A.1421;
23 (34) "Smoking" means the inhalation of smoke produced from the combustion of raw
24plant material when ignited by a flame;
25 (35) "State licensing board" means:
26(a)     The Kentucky Board of Medical Licensure; or
27(b)     The Kentucky Board of Nursing;
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1 (36) "Telehealth" has the same meaning as in KRS 211.332;
2 (37) "Use of medicinal cannabis":
3(a)     Includes the acquisition, administration, possession, transfer, transportation,
4or consumption of medicinal cannabis or medicinal cannabis accessories by a
5cardholder in accordance with this chapter; and
6(b)     Does not include:
71.     Cultivation of marijuana by a cardholder;
82.     The use or consumption of marijuana by smoking; or
93.     The use of industrial hemp or industrial hemp products as defined in
10KRS 260.850;
11 (38) "Visiting qualified patient" means a person who has registered as such through the
12cabinet as required under this chapter or who possesses a valid out-of-state registry
13identification card and documentation of having been diagnosed with a qualifying
14medical condition; and
15 (39) "Written certification" means a document dated and signed by a medicinal cannabis
16practitioner, that:
17(a)     States, that in the medicinal cannabis practitioner's professional medical
18opinion, the patient may receive medical, therapeutic, or palliative benefit
19from the use of medicinal cannabis;
20(b)     Specifies the qualifying medical condition or conditions for which the
21medicinal cannabis practitioner believes the patient may receive medical,
22therapeutic, or palliative benefit; and
23(c)     Affirms that the medicinal cannabis practitioner has a bona fide practitioner-
24patient relationship with the patient.
25Section 2. KRS 218B.025 is amended to read as follows:
26 (1)    A registered qualified patient, except as provided in subsection (2) of this section
27and KRS 218B.035, shall not be subject, under the laws of the Commonwealth, to
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1arrest, prosecution, or denial of any right or privilege, including but not limited to a
2civil penalty or disciplinary action by a court or occupational or professional
3licensing board, for the use of medicinal cannabis, if the registered qualified patient
4does not possess more than:
5(a)     An amount of medicinal cannabis determined by the cabinet to constitute an
6uninterrupted thirty (30) day supply at his or her residence, except as
7permitted under Section 6 of this Act;
8(b)     An amount of medicinal cannabis in excess of a thirty (30) day supply at his
9or her residence, in accordance with administrative regulations promulgated
10pursuant to KRS 218B.140(1)(c)6.; or
11(c)     An amount of medicinal cannabis determined by the cabinet to constitute an
12uninterrupted ten (10) day supply on his or her person, except that an amount
13greater than a ten (10) day supply may be transported by a registered qualified
14patient from a dispensary to his or her residence if the medicinal cannabis is
15contained in a sealed package that requires at least a two (2) step process for
16initial opening.
17 (2)    A registered qualified patient who is under eighteen (18) years of age shall not be
18permitted to possess, purchase, or acquire medicinal cannabis and shall only engage
19in the use of medicinal cannabis with the assistance of a designated caregiver who
20is the registered qualified patient's parent or legal guardian responsible for
21providing consent for medical treatment.
22 (3)    A visiting qualified patient shall not be subject, under the laws of the
23Commonwealth, to arrest, prosecution, or denial of any right or privilege, including
24but not limited to civil penalty or disciplinary action by a court or occupational or
25professional licensing board, for the use of medicinal cannabis, if the visiting
26qualified patient does not possess more than an amount of medicinal cannabis
27determined by the cabinet to constitute an uninterrupted ten (10) day supply on his
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1or her person.
2 (4)    A designated caregiver shall not be subject, under the laws of the Commonwealth,
3to arrest, prosecution, or denial of any right or privilege, including but not limited to
4civil penalty or disciplinary action by a court or occupational or professional
5licensing board, for assisting a registered qualified patient to whom the designated
6caregiver is connected through the cabinet's registration process with the use of
7medicinal cannabis if the designated caregiver does not possess more than:
8(a)     An amount of medicinal cannabis determined by the cabinet to constitute an
9uninterrupted thirty (30) day supply at his or her residence for each registered
10qualified patient to whom the caregiver is connected through the cabinet's
11registration process, except as permitted under Section 6 of this Act;
12(b)     An amount of medicinal cannabis in excess of a thirty (30) day supply at his
13or her residence for each registered qualified patient to whom the caregiver is
14connected through the cabinet's registration process, in accordance with
15administrative regulations promulgated pursuant to KRS 218B.140(1)(c)6.; or
16(c)     An amount of medicinal cannabis determined by the cabinet to constitute an
17uninterrupted ten (10) day supply on his or her person for each registered
18qualified patient to whom the caregiver is connected through the cabinet's
19registration process, except that an amount greater than a ten (10) day supply
20may be transported by a designated caregiver from a dispensary to his or her
21residence if the medicinal cannabis is contained in a sealed package that
22requires at least a two (2) step process for initial opening.
23 (5)    (a)     All medicinal cannabis possessed by a cardholder outside of his or her
24residence shall be kept in the original container in which the cardholder
25received the medicinal cannabis from a dispensary.
26(b)     When a cardholder possesses medicinal cannabis outside of his or her
27residence, the cardholder shall also be in possession of a valid registry
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1identification card issued by the cabinet or, for visiting qualified patients, a
2valid out-of-state registry identification card and documentation of having
3been diagnosed with a qualifying medical condition.
4(c)     Paragraph (a) of this subsection shall not apply to medicinal cannabis that
5is the product of cultivation by a cardholder as permitted under Section 6 of
6this Act.
7 (6)    Notwithstanding subsections (1), (3), and (4) of this section and except as provided
8in administrative regulations promulgated pursuant to KRS 218B.140(1)(c)6.:
9(a)     A registered qualified patient shall not be permitted to purchase more
10medicinal cannabis than the amount determined by the cabinet to constitute an
11uninterrupted thirty (30) day supply of medicinal cannabis during a given
12twenty-five (25) day period;
13(b)     A designated caregiver shall not be permitted to purchase more medicinal
14cannabis than the amount determined by the cabinet to constitute an
15uninterrupted thirty (30) day supply of medicinal cannabis for each registered
16qualified patient to whom the caregiver is connected through the cabinet's
17registration process during a given twenty-five (25) day period; and
18(c)     A visiting qualified patient shall not be permitted to purchase more medicinal
19cannabis than the amount determined by the cabinet to constitute an
20uninterrupted ten (10) day supply of medicinal cannabis during a given eight
21(8) day period.
22 (7)    A cardholder shall not be subject, under the laws of the Commonwealth, to arrest,
23prosecution, or denial of any right or privilege, including but not limited to a civil
24penalty or disciplinary action by a court or occupational or professional licensing
25board, for:
26(a)     Possession of cannabis that is incidental to the use of medicinal cannabis;
27(b)     Possession of medicinal cannabis accessories; or
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1(c)     Transferring medicinal cannabis to a safety facility for testing.
2 (8)    A[No] person shall not be subject, under the laws of the Commonwealth, to arrest,
3prosecution, or denial of any right or privilege, including but not limited to a civil
4penalty or disciplinary action by a court or occupational or professional licensing
5board, for:
6(a)     Selling medicinal cannabis accessories to a cardholder who is over eighteen
7(18) years of age upon presentation of a valid registry identification card
8issued by the cabinet or, for visiting qualified patients, a valid out-of-state
9registry identification card and documentation of having been diagnosed with
10a qualifying medical condition;
11(b)     Being in the presence or vicinity of the use of medicinal cannabis as allowed
12under this chapter; or
13(c)     Assisting a registered qualified patient or visiting qualified patient with using
14or administering medicinal cannabis. For purposes of illustration and not
15limitation, this includes preparing raw plant material or brewing tea for a
16registered qualified patient or visiting qualified patient. It does not include
17providing medicinal cannabis to a patient that the patient did not already
18possess.
19 (9)    Notwithstanding any other provision of law to the contrary, a registered qualified
20patient who is injured or defrauded, including by theft or deprivation of use and
21benefit of any money, personal property including medicinal cannabis, or articles of
22value of any kind, by his or her designated caregiver shall have a civil cause of
23action in Circuit Court to recover the actual damages sustained, together with the
24cost of the lawsuit, including a reasonable fee for the individual's attorney of record.
25Section 3. KRS 218B.030 is amended to read as follows:
26 (1)    (a)     Any medicinal cannabis, medicinal cannabis accessories, lawful property, or
27interest in lawful property that is possessed, owned, or used in connection
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1with the use of medicinal cannabis or acts incidental to that use shall not be
2subject to seizure or forfeiture under KRS 218A.405 to 218A.460.
3(b)     This chapter shall not prevent the seizure or forfeiture of marijuana exceeding
4the amounts allowed under KRS 218B.025, Section 6 of this Act, or
5administrative regulations promulgated pursuant to KRS 218B.140(1)(c)6.,
6nor shall it prevent seizure or forfeiture if the basis for that action is unrelated
7to the use of medicinal cannabis in accordance with this chapter and any
8administrative regulation promulgated thereunder.
9 (2)    Possession of, or application for, a registry identification card, an out-of-state
10registry identification card, or cannabis business license shall not constitute
11probable cause or reasonable suspicion, nor shall it be used to support the search of
12the person, property, or home of the person possessing or applying for the registry
13identification card, out-of-state registry identification card, or cannabis business
14license. The possession of, or application for, a registry identification card, out-of-
15state registry identification card, or cannabis business license shall not preclude the
16existence of probable cause if probable cause exists on other grounds.
17 (3)    (a)     There shall be a rebuttable presumption that a cardholder is engaged in the
18lawful use of medicinal cannabis, or in the case of a designated caregiver,
19assisting with the lawful use of medicinal cannabis, if the cardholder:
201.     Possesses a valid registry identification card or, in the case of a visiting
21qualified patient, an out-of-state registry identification card and
22documentation of having been diagnosed with a qualifying medical
23condition; and
242.     Possesses an amount of medicinal cannabis that does not exceed the
25amount allowed under KRS 218B.025 or administrative regulations
26promulgated pursuant to KRS 218B.140(1)(c)6.
27(b)     This presumption may be rebutted by a preponderance of evidence that
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1conduct was unrelated to the use of medicinal cannabis or was otherwise in
2violation of this chapter.
3Section 4. KRS 218B.035 is amended to read as follows:
4 (1)    This chapter does not authorize any person to engage in, and shall not prevent the
5imposition of any civil, criminal, or other penalties, including but not limited to
6criminal prosecution or disciplinary action by the cabinet or an occupational or
7professional licensing board, for engaging in the following conduct:
8(a)     Operating, navigating, or being in actual physical control of any aircraft,
9vehicle, vessel, or any other device known, or hereafter invented, that is
10powered by machinery and that is or may be used to transport persons or
11property while under the influence of medicinal cannabis;
12(b)     Consuming medicinal cannabis while operating, navigating, or being in actual
13physical control of an aircraft, vehicle, vessel, or any other device known, or
14hereafter invented, that is powered by machinery and that is or may be used to
15transport persons or property;
16(c)     Possessing medicinal cannabis that is within the operator's arm's reach or
17requires less than a two (2) step process to access while operating, navigating,
18or being in actual physical control of an aircraft, vehicle, vessel, or any other
19device known, or hereafter invented, that is powered by machinery and that is
20or may be used to transport persons or property;
21(d)     Undertaking any task under the influence of medicinal cannabis, when doing
22so would constitute negligence or professional malpractice;
23(e)     Possessing medicinal cannabis, or otherwise engaging in the use of medicinal
24cannabis:
251.     On the grounds of any preschool or primary or secondary school, except
26as permitted in accordance with policies enacted pursuant to KRS
27218B.045(4);
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12.     In any correctional facility; or
23.     On any property of the federal government;
3(f)     Using marijuana, if that person is not a registered qualified patient or visiting
4qualified patient;
5(g)     Using or consuming marijuana by smoking, except as permitted under
6subsection (3) of this section;
7(h)     Using or consuming marijuana by vaping while on any form of public
8transportation, in any public place as defined in KRS 525.010, or in any place
9of public accommodation, resort, or amusement as defined in KRS 344.130;
10or
11(i)     Cultivating marijuana unless that person is licensed by the cabinet as a
12cannabis cultivator or cannabis producer pursuant to KRS 218B.080,
13218B.085, and 218B.090 or is a cultivator or producer agent, except as
14permitted in Section 6 of this Act.
15 (2)    The penalty for a violation of subsection (1)(a) or (b) of this section shall be the
16same as those established for operating a motor vehicle under the influence of
17alcohol or any other substance in KRS 189A.010.
18 (3)    (a)     An individual who violates subsection (1)(g) or (h) of this section shall not be
19considered to be in possession of medicinal cannabis or engaged in the use of
20medicinal cannabis and shall not benefit from the legal protections afforded
21by this chapter.
22(b)     A registered qualified patient shall not be considered to be in violation of
23subsection (1)(g) of this section if he or she uses or consumes medicinal
24cannabis by smoking while on private property owned by the registered
25qualified patient or his or her designated caregiver.
26(c)     The odor or smell of uncombusted raw plant material shall not constitute
27evidence of use or consumption of cannabis by smoking.
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1(d)[(c)]       If an individual uses or consumes marijuana by smoking or vaping while
2on any form of public transportation, in any public place as defined in KRS
3525.010, or in any place of public accommodation, resort, or amusement as
4defined in KRS 344.130:
51.     The cabinet may revoke the individual's registry identification card; and
62.     The individual may be subject to prosecution under KRS 218A.1421
7and 218A.1422.
8 (4)    Nothing in this chapter supersedes statutory laws relating to driving while under the
9influence of intoxicants. This chapter shall not prevent the enforcement of current
10laws pertaining to driving while intoxicated, including KRS 183.061, 189.520,
11189A.010, and 235.240.
12 (5)    As used in this section:
13(a)     "Aircraft" has the same meaning as in KRS 183.011;
14(b)     "Vehicle" has the same meaning as in KRS 189.010; and
15(c)     "Vessel" has the same meaning as in KRS 235.010.
16Section 5. KRS 218B.140 is amended to read as follows:
17 (1)    No later than July 1, 2024, the cabinet shall:
18(a)     Ensure that the electronic monitoring system established pursuant to KRS
19218A.202 is designed or configured to enable:
201.     Medicinal cannabis practitioners to record the issuance of written
21certifications to qualified patients, as required by KRS 218B.050;
222.     The cabinet and state licensing boards to monitor the issuance of written
23certifications by medicinal cannabis practitioners;
243.     Cabinet personnel, law enforcement personnel, and dispensary agents to
25verify the validity of registry identification cards issued by the cabinet
26by entering a registry identification number to determine whether or not
27the identification number corresponds with a current, valid registry
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1identification card. The system shall only disclose whether the
2identification card is valid and whether the cardholder is a registered
3qualified patient, visiting qualified patient, or designated caregiver;
44.     Law enforcement personnel and dispensary agents to access medicinal
5cannabis sales data recorded by dispensary agents pursuant to KRS
6218B.110;
75.     Dispensary agents to record the amount of medicinal cannabis that is
8dispensed to a cardholder during each transaction as required by KRS
9218B.110; and
106.     The sharing of dispensing data recorded by dispensary agents pursuant
11to KRS 218B.110 with all dispensaries in real time;
12(b)     Ensure that the electronic monitoring system established pursuant to KRS
13218A.202 is designed to facilitate the tracking of medicinal cannabis
14cultivated, processed, or produced by a licensed cannabis business from the
15point of cultivation to the point of sale to cardholders; and
16(c)     Promulgate administrative regulations in accordance with KRS Chapter 13A
17to establish:
181.     Procedures for the issuance, renewal, suspension, and revocation of
19registry identification cards, including the creation of a standardized:
20a.    Written certification form; and
21b.    Application form which the cabinet shall require to be notarized;
222.     Procedures for the issuance and revocation of registry identification
23cards;
243.     Procedures for the issuance, renewal, suspension, and revocation of
25cannabis business licenses, including the creation of a uniform licensure
26application form which the cabinet shall require to be notarized and
27minimal performance standards for a biennial accreditation process with
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1all such procedures subject to the requirements of KRS Chapters 13A
2and 13B;
34.     A convenience fee to be assessed and collected by dispensaries for
4visiting qualified patients who do not possess a valid registry
5identification card issued by the cabinet and who purchase medicinal
6cannabis with an out-of-state registry identification card and
7documentation of having been diagnosed with a qualifying medical
8condition.   The    convenience        fee   established   pursuant    to     this
9subparagraph shall not exceed fifteen dollars ($15) per transaction;
105.     In collaboration with the Board of Physicians and Advisors:
11a.    A definition of the amount of medicinal cannabis or delta-9
12tetrahydrocannabinol     that     constitutes   a    daily   supply,      an
13uninterrupted ten (10) day supply, and an uninterrupted thirty (30)
14day supply of medicinal cannabis; and
15b.    The amount of raw plant material that medicinal cannabis products
16are considered to be equivalent to;
176.     A process by which a medicinal cannabis practitioner may recommend,
18and a registered qualified patient or his or her designated caregiver may
19legally purchase and possess, an amount of medicinal cannabis in excess
20of the thirty (30) day supply of medicinal cannabis, if the medicinal
21cannabis practitioner reasonably believes that the standard thirty (30)
22day supply would be insufficient in providing the patient with
23uninterrupted therapeutic or palliative relief;
247.     Provisions governing the following matters related to cannabis
25businesses with the goal of protecting against diversion and theft,
26without imposing any undue burden that would make cannabis business
27operations unreasonable or impractical on cannabis businesses or
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1compromising the confidentiality of cardholders:
2a.   Recordkeeping and inventory control requirements, including the
3use of the electronic monitoring systems established pursuant to
4KRS 218A.202;
5b.   Procedures for the verification and validation of a registry
6identification card, or its equivalent, that was issued pursuant to
7the laws of another state, district, territory, commonwealth, or
8insular possession of the United States that allows for the use of
9medicinal cannabis in the jurisdiction of issuance;
10c.   Security requirements for safety compliance facilities, processors,
11producers, dispensaries, and cultivators, which shall include at a
12minimum lighting, video security, alarm requirements, on-site
13parking, and measures to prevent loitering;
14d.   Procedures for the secure transportation, including delivery
15services provided by dispensaries, and storage of medicinal
16cannabis by cannabis business licensees and their employees or
17agents;
18e.   Employment and training requirements for licensees and their
19agents, including requiring each licensee to create an identification
20badge for each of the licensee's agents or employees; and
21f.   Restrictions on visits to licensed cultivation and processing
22facilities, including requiring the use of visitor logs;
238.     Procedures to establish, publish, and annually update a list of varieties
24of   cannabis    that    possess        a    low     but   effective   level       of
25tetrahydrocannabinol,     including  the    substance   cannabidiol,       by
26comparing percentages of chemical compounds within a given variety
27against other varieties of cannabis;
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19.     A rating system that tracks the terpene content of at least the twelve (12)
2major terpenoids within each strain of cannabis available for medicinal
3use within the Commonwealth;
410.    Requirements for random sample testing of medicinal cannabis to
5ensure quality control, including testing for cannabinoids, terpenoids,
6residual solvents, pesticides, poisons, toxins, mold, mildew, insects,
7bacteria, and any other dangerous adulterant;
811.    Requirements for licensed cultivators, producers, and processors to
9contract with an independent safety compliance facility to test the
10medicinal cannabis before it is sold at a dispensary. The cabinet may
11approve the safety compliance facility chosen by a cultivator, producer,
12or processor and require that the safety compliance facility report test
13results for a designated quantity of medicinal cannabis to the cultivator,
14producer, or processor and cabinet;
1512.    Standards for the operation of safety compliance facilities which may
16include:
17a.   Requirements for equipment;
18b.   Personnel qualifications; and
19c.   Requiring facilities to be accredited by a relevant certifying entity;
2013.    Standards for the packaging and labeling of medicinal cannabis sold or
21distributed by cannabis businesses which shall comply with 15 U.S.C.
22secs. 1471 to 1476 and shall include:
23a.   Standards for packaging that requires at least a two (2) step
24process of initial opening;
25b.   A warning label which may include the length of time it typically
26takes for the product to take effect, how long the effects of the
27product typically last, and any other information deemed
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1appropriate or necessary by the cabinet;
2c.   The amount of medicinal cannabis the product is considered the
3equivalent to;
4d.   Disclosing ingredients, possible allergens, and certain bioactive
5components, including cannabinoids and terpenoids, as determined
6by the cabinet;
7e.   A nutritional fact panel;
8f.   Opaque, child-resistant packaging;
9g.   [A requirement that all raw plant material packaged or sold in this
10state be marked or labeled as "NOT INTENDED FOR
11CONSUMPTION BY SMOKING";
12h.   ]A requirement that medicinal cannabis products be clearly
13marked with an identifiable and standardized symbol indicating
14that the product contains cannabis;
15h.[i.] A requirement that all medicinal cannabis product packaging
16include an expiration date; and
17i.[j.] A requirement that medicinal cannabis products and their
18packaging not be visually reminiscent of major brands of edible
19noncannabis products or otherwise present an attractive nuisance
20to minors;
2114.    Health and safety requirements for the processing of medicinal cannabis
22and the indoor cultivation of medicinal cannabis by licensees;
2315.    Restrictions on:
24a.   Additives to medicinal cannabis that are toxic, including vitamin E
25acetate, or increase the likelihood of addiction; and
26b.   Pesticides, fertilizers, and herbicides used during medicinal
27cannabis cultivation which pose a threat to human health and
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1safety;
216.    Standards for the safe processing of medicinal cannabis products created
3by extracting or concentrating compounds from raw plant material;
417.    Standards for determining the amount of unprocessed raw plant material
5that medicinal cannabis products are considered the equivalent to;
618.    Restrictions on advertising, marketing, and signage in regard to
7operations or establishments owned by licensees necessary to prevent
8the targeting of minors;
919.    The requirement that evidence-based educational materials regarding
10dosage and impairment be disseminated to registered qualified patients,
11visiting qualified patients, and designated caregivers who purchase
12medicinal cannabis products;
1320.    Policies governing insurance requirements for cultivators, dispensaries,
14processors, producers, and safety compliance facilities; and
1521.    Standards, procedures, or restrictions that the cabinet deems necessary
16to ensure the efficient, transparent, and safe operation of the medicinal
17cannabis program, except that the cabinet shall not promulgate any
18administrative regulation that would impose an undue burden or make
19cannabis business operations unreasonable or impractical.
20 (2)    No later than January 1, 2025, the cabinet shall:
21(a)     Establish a medicinal cannabis adverse drug effects reporting system for the
22purpose of allowing cardholders to report adverse drug effects via telephone
23or online; and
24(b)     In collaboration with the Board of Physicians and Advisors, produce the
25Medicinal Cannabis Advisory Pamphlet which shall include but not be limited
26to:
271.     Information on the risks, dangers, and possible side effects of the use of
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1medicinal cannabis;
22.     Information on the medicinal cannabis adverse drug effects reporting
3system and how to report adverse drug effects; and
43.     A detachable signature page which shall be:
5a.   Signed by a cardholder each time he or she receives a copy of the
6Medicinal Cannabis Advisory Pamphlet as required under KRS
7218B.110(2)(d); and
8b.   Retained by the dispensary for a period of at least thirty-six (36)
9months.
10 (3)    The cabinet shall provide each licensed dispensary with an adequate number of
11Medicinal Cannabis Advisory Pamphlets to ensure that the dispensary is able to
12comply with the requirements of KRS 218B.110(2)(d).
13 (4)    Except as provided in KRS 218B.035(1)(g), 218B.095(2)(b), 218.110(2)(e),
14218B.115(2), 218B.120(3), and subsection (1)(c)10., 13., 15., and 16. of this
15section, the cabinet shall not restrict or limit methods of delivery, use, or
16consumption of medicinal cannabis or the types of products that may be acquired,
17produced, processed, possessed, sold, or distributed by a cannabis business.
18 (5)    If a need for additional cannabis cultivation in this state is demonstrated by
19cannabis businesses or the cabinet's own analysis, the cabinet may through the
20promulgation of administrative regulations increase the cultivation area square
21footage limits for either cultivators or producers, or both by up to three (3) times the
22limits established in KRS 218B.105 and 218B.120. Any increase in the cultivation
23square footage limits adopted by the cabinet pursuant to this section shall not result
24in an increase in the licensure application or renewal fees established by the cabinet.
25 (6)    When promulgating administrative regulations under this section, the cabinet shall
26consider standards, procedures, and restrictions that have been found to be best
27practices relative to the use and regulation of medicinal cannabis.
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1SECTION 6. A NEW SECTION OF KRS CHAPTER 218B IS CREATED TO
2 READ AS FOLLOWS:
3 (1)    Notwithstanding any provision of law to the contrary, in addition to the
4possession limits established in subsections (1)(a) and 4(a) of Section 2 of this
5Act:
6(a)     1.     A registered qualified patient who is at least eighteen (18) years of age
7shall be permitted to possess, cultivate, and harvest up to three (3)
8mature medicinal cannabis plants and up to three (3) seedlings on
9private property owned by the registered qualified patient.
102.     A designated caregiver shall, except as provided in subparagraph 3. of
11this paragraph, be permitted to possess, cultivate, and harvest up to
12three (3) mature medicinal cannabis plants and up to three (3)
13seedlings for each registered qualified patient to whom the designated
14caregiver is connected through the cabinet's registration process on
15private property owned by the designated caregiver.
163.     A designated caregiver shall not be permitted to possess, cultivate, or
17harvest medicinal cannabis plants or seedlings for a registered
18qualified patient to whom the designated caregiver is connected
19through the cabinet's registration process if the registered qualified
20patient elects to possess, cultivate, and harvest medicinal cannabis
21plants or seedlings for himself or herself as permitted under
22subparagraph 1. of this paragraph; and
23(b)     Cardholders who possess, cultivate, and harvest mature medicinal cannabis
24plants and seedlings shall be permitted to possess, on private property they
25own, any amount of raw plant material and medicinal cannabis products
26resulting from at-home cultivation activities permitted under this section.
27 (2)    Cardholders who wish to possess, cultivate, and harvest medicinal cannabis
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1plants and seedlings shall not be required under this chapter or by any
2administrative regulation promulgated by the cabinet to register or otherwise
3notify the cabinet of their intent to possess, cultivate, and harvest medicinal
4cannabis plants and seedlings on private property they own.
5 (3)    Mature medicinal cannabis plants and seedlings possessed, cultivated, and
6harvested by cardholders shall be stored in an enclosed, locked space such as a
7closet, room, greenhouse, or other indoor locked space located on private
8property owned by the cardholder.
9 (4)    The concentration and potency limits for commercially available medicinal
10cannabis established in KRS 218B.095, 218B.110, 218B.115, and 218B.120 shall
11not apply to raw plant material or medicinal cannabis products resulting from at-
12home cultivation activities permitted under this section.
13 (5)    (a)     Except for the transfer of medicinal cannabis from a designated caregiver
14to a registered qualified patient to whom the designated caregiver is
15connected through the cabinet's registration process, this section shall not
16be interpreted as authorizing or otherwise permitting a cardholder to
17transfer or sell medicinal cannabis, mature medicinal cannabis plants, or
18seedlings to another individual including another cardholder.
19(b)     A cardholder who transfers or sells medicinal cannabis, mature medicinal
20cannabis plants, or seedlings to another individual in violation of paragraph
21(a) of this subsection may be subject to prosecution including under KRS
22218A.1421.
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