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Kentucky Statutes, Title XVIII

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Kentucky/Statutes

← All Kentucky coverage

Title XVIII, Public Health

24 chapters · 1,542 sections in this title.

All chapters in Title XVIII1,542 Ch 224, ENVIRONMENTAL PROTECTION247 Ch 211, STATE HEALTH PROGRAMS181 Ch 217, FOODS, DRUGS, AND POISONS143 Ch 216, HEALTH FACILITIES AND SERVICES120 Ch 212, LOCAL HEALTH PROGRAMS114 Ch 218A, CONTROLLED SUBSTANCES108 Ch 220, SANITATION DISTRICTS93 Ch 216B, LICENSURE AND REGULATION OF HEALTH F…80 Ch 210, STATE AND REGIONAL MENTAL HEALTH PRO…79 Ch 214, DISEASES61 Ch 224A, KENTUCKY INFRASTRUCTURE AUTHORITY54 Ch 217B, FERTILIZER AND PESTICIDE USE AND APP…52 Ch 222, KENTUCKY ALCOHOL AND SUBSTANCE USE D…42 Ch 213, VITAL STATISTICS40

30 sections·Filtered byTitle XVIII✕Ch 218B✕

KRS § 218B.010 Definitions for chapter
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For the purposes of this chapter, unless the context otherwise requires: (1) "Bona fide practitioner-patient relationship" means a treating or consulting relationship, during the course of which a medicinal cannabis practitioner has: (a) Completed an initial in-person examination…
KRS § 218B.015 Construction of chapter -- Applicability
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(1) Nothing in this chapter shall be construed as applying to industrial hemp or industrial hemp products as defined in KRS 260.850. (2) Notwithstanding any provision of law to the contrary, and except as provided in subsections (3) and (4) of this section and KRS 218B.035: (a) T…
KRS § 218B.020 Board of Physicians and Advisors -- Membership -- Duties -- Reporting requirements
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requirements. (1) The Cabinet for Health and Family Services is hereby charged with the implementation, operation, oversight, and regulation of the medicinal cannabis program established in this chapter. (2) There is hereby established within the cabinet a Board of Physicians and…
KRS § 218B.025 Registered and visiting qualified patients -- Designated caregivers -- Exemption from prosecution -- Limitations on amount of cannabis to be in possession

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Exemption from prosecution -- Limitations on amount of cannabis to be in possession. (1) A registered qualified patient, except as provided in subsection (2) of this section and KRS 218B.035, shall not be subject, under the laws of the Commonwealth, to arrest, prosecution, or den…

KRS § 218B.030 Seizure and forfeiture -- Probable cause -- Rebuttable presumption of lawful use

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lawful use. (1) (a) Any medicinal cannabis, medicinal cannabis accessories, lawful property, or interest in lawful property that is possessed, owned, or used in connection with the use of medicinal cannabis or acts incidental to that use shall not be subject to seizure or forfeit…

KRS § 218B.035 Criminal prosecution and disciplinary actions not precluded -- Driving under the influence

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under the influence. (1) This chapter does not authorize any person to engage in, and shall not prevent the imposition of any civil, criminal, or other penalties, including but not limited to criminal prosecution or disciplinary action by the cabinet or an occupational or profess…

KRS § 218B.040 Employer not required to permit or accommodate use

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(1) Nothing in this chapter shall: (a) Require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, distribution, sale, or growing of medicinal cannabis in the workplace; (b) Prohibit an employer from implementing policies prom…

KRS § 218B.045 Patient rights under state and local law -- Visitation and parenting time -- Medical care -- Schools -- Local board of education to establish policies

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- Medical care -- Schools -- Local board of education to establish policies. (1) A registered qualified patient or visiting qualified patient who uses medicinal cannabis shall be afforded all the same rights under state and local law, including those guaranteed under KRS Chapter …

KRS § 218B.050 Written certification form -- Application process -- Renewals -- Bona fide practitioner-patient relationship -- Procedures -- Administrative regulations

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practitioner-patient relationship -- Procedures -- Administrative regulations. (1) Except as provided in subsection (11) of this section, a physician or an advanced practice registered nurse who is authorized to prescribe controlled substances under KRS 314.042 seeking to provide…

KRS § 218B.055 Registry identification card required -- Written certification -- Visiting qualified patient -- Information required

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qualified patient -- Information required. (1) Except as provided in subsection (5) of this section, no person shall possess, purchase, acquire, or otherwise engage or assist in the use of medicinal cannabis in Kentucky without first applying for and receiving a registry identifi…

KRS § 218B.060 Registry identification card program -- Required information

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(1) The cabinet shall establish, implement, and operate a registry identification card program, including registry identification card application and renewal fees, for registered qualified patients, visiting qualified patients, and designated caregivers. Registry identification …

KRS § 218B.065 Cabinet action required on application -- Registration for patients under age eighteen -- Application denial -- Administrative hearings

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age eighteen -- Application denial -- Administrative hearings. (1) Except as provided in subsections (2) to (5) of this section, the cabinet shall: (a) Acknowledge receipt of an application within fifteen (15) days of receipt, and approve or deny an application or renewal within …

KRS § 218B.070 Cardholder required notifications to cabinet -- Return of unused cannabis -- Expiration of protections

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cannabis -- Expiration of protections. (1) Cardholders shall be required to make the following notifications to the cabinet: (a) A cardholder shall notify the cabinet of any change in his or her name or address; (b) A registered qualified patient shall notify the cabinet within t…

KRS § 218B.075 Revocation of registration identification card -- Penalties -- Notification to cardholder -- Administrative hearing -- Judicial review

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to cardholder -- Administrative hearing -- Judicial review. (1) Any cardholder who sells, distributes, or dispenses medicinal cannabis to a person who is not permitted to possess or use medicinal cannabis under this chapter shall have his or her registry identification card revok…

KRS § 218B.080 License required -- License types -- Initial one-year term -- Renewal

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(1) No person shall cultivate, process, produce, possess, test, transfer, transport, or sell medicinal cannabis or otherwise operate a cannabis business in this state without first obtaining a license under this section. (2) The cabinet shall create separate licenses, licensure a…

KRS § 218B.085 Uniform application form -- Information required

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(1) The cabinet shall create a uniform application form for the cannabis business licenses established in KRS 218B.080. (2) When applying for a license, the applicant shall submit the following in accordance with the cabinet's administrative regulations: (a) The proposed legal na…

KRS § 218B.090 Cabinet action on business license application -- Denial -- Procedures upon approval -- Administrative hearing and judicial review -- Licensed cannabis business subject to local government regulation

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upon approval -- Administrative hearing and judicial review -- Licensed cannabis business subject to local government regulation. (1) The cabinet shall: (a) Acknowledge receipt of an application for a cannabis business license within fifteen (15) days of receipt; (b) Provide noti…

KRS § 218B.095 Requirements for licensed businesses -- Prohibited activities -- Recordkeeping -- Transporting cannabis on behalf of business -- Cultivation in enclosed, locked facility -- Persons under age eighteen

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Recordkeeping -- Transporting cannabis on behalf of business -- Cultivation in enclosed, locked facility -- Persons under age eighteen. (1) A cannabis business licensed under this chapter shall: (a) Comply with this chapter and any administrative regulations promulgated thereunde…

KRS § 218B.100 Cannabis businesses subject to reasonable inspection by the cabinet to evaluate compliance -- License suspension or revocation -- Notice required -- Administrative hearing and judicial review -- Permissible activities during suspension

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evaluate compliance -- License suspension or revocation -- Notice required -- Administrative hearing and judicial review -- Permissible activities during suspension. (1) (a) Cannabis businesses shall be subject to reasonable inspection and investigation by the cabinet pursuant to…

KRS § 218B.105 Cultivator and cultivator agent -- Permissible actions -- Cultivator tiers and square feet limitations

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and square feet limitations. (1) A cultivator or cultivator agent acting on behalf of a cultivator shall not be subject to prosecution under state or local law, to search or inspection except by the cabinet pursuant to KRS 218B.100, or to seizure or penalty in any manner, or be d…

KRS § 218B.110 Dispensary and dispensary agent -- Permissible actions -- Requirements -- Liability in civil actions for failure to comply

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- Liability in civil actions for failure to comply. (1) A dispensary or dispensary agent acting on behalf of a dispensary shall not be subject to prosecution under state or local law, to search or inspection except by the cabinet pursuant to KRS 218B.100, to seizure or penalty in…

KRS § 218B.115 Processor and processor agent -- Permissible actions

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(1) A processor or processor agent acting on behalf of a processor shall not be subject to prosecution under state or local law, to search or inspection except by the cabinet pursuant to KRS 218B.100, to seizure or penalty in any manner, or be denied any right or privilege, inclu…

KRS § 218B.120 Producer and producer agent -- Permissible actions

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(1) A producer or producer agent acting on behalf of a producer shall not be subject to prosecution under state or local law, to search or inspection except by the cabinet pursuant to KRS 218B.100, to seizure or penalty in any manner, or be denied any right or privilege, includin…

KRS § 218B.125 Safety compliance facility and safety compliance facility agent -- Permissible actions

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Permissible actions. A safety compliance facility or safety compliance facility agent acting on behalf of a safety compliance facility shall not be subject to prosecution, search except by the cabinet pursuant to KRS 218B.100, seizure, or penalty in any manner, or be denied any r…

KRS § 218B.130 Local government -- Ordinances regulating or prohibiting cannabis -- Establishment of local fees -- City within a county that prohibits cannabis may enact ordinance to approve -- Public question -- Procedures -- Local government to notify cabinet of decision to prohibit cannabis business

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Establishment of local fees -- City within a county that prohibits cannabis may enact ordinance to approve -- Public question -- Procedures -- Local government to notify cabinet of decision to prohibit cannabis business. (1) For the purposes of this section, "local government" me…

KRS § 218B.135 Cabinet to maintain confidential list of cardholders -- Exemptions from Open Records Act -- Certain information not exempt – Penalty

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Open Records Act -- Certain information not exempt – Penalty. (1) The cabinet shall maintain a confidential list of the persons to whom the cabinet has issued registry identification cards and their addresses, telephone numbers, and registry identification numbers. (2) The cabine…

KRS § 218B.140 Electronic monitoring system required capabilities -- Administrative regulations -- Medicinal cannabis adverse drug effects reporting system -- Medicinal Cannabis Advisory Pamphlet

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regulations -- Medicinal cannabis adverse drug effects reporting system -- Medicinal Cannabis Advisory Pamphlet. (1) No later than July 1, 2024, the cabinet shall: (a) Ensure that the electronic monitoring system established pursuant to KRS 218A.202 is designed or configured to e…

KRS § 218B.145 Kentucky Center for Cannabis to make notifications regarding qualifying medical condition to be added

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qualifying medical condition to be added. If the Kentucky Center for Cannabis established in KRS 164.983, or its successor, determines that sufficient scientific data and evidence exist to demonstrate that an individual diagnosed with that specific medical condition or disease is…

KRS § 218B.150 No requirement for reimbursement of medicinal cannabis use

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Nothing in this chapter shall require a government medical assistance program, private health insurer, property and casualty insurance carrier, workers' compensation carrier, or self-funded employer providing workers' compensation benefits to reimburse a person for costs associat…

KRS § 218B.155 KRS 138.870 to 138.889 inapplicable to medicinal cannabis in compliance with this chapter

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with this chapter. The provisions of KRS 138.870 to 138.889 shall not apply to any individual or entity for: (1) Any amount of medicinal cannabis that is necessary or reasonably necessary for use of a license or registry identification card issued by the cabinet; or (2) Any use o…