Title XVIII, Public Health

(1) Any person who violates any of the provisions of KRS 217.542 to 217.630 or who fails to perform any duties imposed by those sections, or who violates any determination or order of the department promulgated pursuant thereto, shall be liable to a civil penalty of not to exceed…

The General Assembly hereby finds, determines, and declares that: (1) The regulation of controlled substances in this Commonwealth is important and necessary for the preservation of public safety and public health; and (2) Successful, community-based treatment can be used as an e…

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…

As used in this chapter, unless the context otherwise requires: (1) "Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by: (a) A practitioner or by his …

When used in this chapter, the terms "intentionally," "knowingly," "wantonly," and "recklessly," including but not limited to equivalent terms such as "with intent," shall have the same definition and the same principles shall apply to their use as those terms are defined and use…

(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…

Control of substances rescheduled under federal law -- Office of Drug Control Policy may request scheduling of substances meeting criteria. (1) The Cabinet for Health and Family Services shall administer this chapter and may by administrative regulation add substances to or delet…

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…

Report. (1) The Controlled Substances Prescribing Council is hereby established under the Office of the Inspector General. The council shall consist of the following fifteen (15) members: (a) The Inspector General of the Cabinet for Health and Family Services, who shall serve as …

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…

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…

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…

(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…

The Cabinet for Health and Family Services shall place a substance in Schedule I if it finds that the substance: (1) Has high potential for abuse; and (2) Has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical sup…

- 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 …

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…

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…

The Cabinet for Health and Family Services shall place a substance in Schedule II if it finds that: (1) The substance has high potential for abuse; (2) The substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with sever…

(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 …

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 …

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…

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…

(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…

The Cabinet for Health and Family Services shall place a substance in Schedule III if it finds that: (1) The substance has a potential for abuse less than the substances listed in Schedules I and II; (2) The substance has currently accepted medical use in treatment in the United …

(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…

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…

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…

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…

The Cabinet for Health and Family Services shall place a substance in Schedule IV if it finds that: (1) The substance has a low potential for abuse relative to substances in Schedule III; (2) The substance has currently accepted medical use in treatment in the United States; and …

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…

- 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…

(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…

The Cabinet for Health and Family Services shall place a substance in Schedule V if it finds that: (1) The substance has low potential for abuse relative to the controlled substances listed in Schedule IV; (2) The substance has currently accepted medical use in treatment in the U…

(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…

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…

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…

drug paraphernalia if seeking assistance with drug overdose. (1) As used in this section: (a) "Drug overdose" means an acute condition of physical illness, coma, mania, hysteria, seizure, cardiac arrest, cessation of breathing, or death which reasonably appears to be the result o…

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…

may result in presumptive probation. (1) Any statute to the contrary notwithstanding, a defendant charged with an offense under this chapter for which a conviction may result in presumptive probation shall be placed on pretrial release on his or her own recognizance or on unsecur…

(1) An offender charged with a felony pursuant to this chapter who is not charged with a violent offense, who is eligible for diversion or deferred prosecution of his or her sentence, and whose diversion or deferred prosecution plan involves substance use disorder treatment may b…

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…

(1) (a) No person shall obtain or attempt to obtain a prescription for a controlled substance by knowingly misrepresenting to, or knowingly withholding information from, a practitioner. (b) No person shall procure or attempt to procure the administration of a controlled substance…

Penalties. (1) A person is guilty of selling controlled substances to a minor when he or she, being eighteen (18) years of age or older, knowingly and unlawfully sells or transfers any quantity of a controlled substance other than salvia to any person under eighteen (18) years of…

Penalties. Except as provided in KRS 506.040(3), any person who commits a criminal conspiracy as defined in KRS 506.040 to commit any offense in this chapter shall be subject to the same penalties as provided for the underlying offense as specified in this chapter.

(1) No person shall advertise through any media other than a professional or trade publication any controlled substance by either its "trade name" or by its generic or formulary name. (2) Any person who violates subsection (1) of this section shall be guilty of a Class B misdemea…

(1) No person shall traffic in any controlled substance except as authorized by law. (2) No person shall possess any controlled substance except as authorized by law. (3) No person shall dispense, prescribe, distribute, or administer any controlled substance except as authorized …