Summary of Original VersionCreate various new sections of KRS Chapter 218A to define terms; to exempt the medicinal marijuana program from existing provisions in Kentucky law to the contrary; to require the Department for Alcoholic Beverage and Cannabis Control to implement and regulate the medicinal marijuana program in Kentucky; to establish the Division of Medicinal Marijuana within the Department of Alcoholic Beverage and Cannabis Control; to establish restrictions on the possession of medicinal marijuana by qualifying patients, visiting patients, and designated caregivers; to establish certain protections for cardholders; to establish professional protections for practitioners; to provide for the authorizing of practitioners by state licensing boards to issue written certifications for the use medicinal marijuana; to establish professional protections for attorneys; to prohibit the possession and use of medicinal marijuana on a school bus, on the grounds of any preschool or primary or secondary school, in a correctional facility, any property of the federal government, or while operating a motor vehicle; to prohibit smoking of medicinal marijuana; to permit an employer to restrict the possession and use of medicinal marijuana by an employee; to require the department to implement and operate a registry identification card program; to establish requirements for registry identification cards; to establish registry identification card fees; to require the department to operate a provisional licensure receipt system; to establish the application requirements for a registry identification card; to establish when the department may deny an application for a registry identification card; to establish certain responsibilities for cardholders; to establish when a registry identification card may be revoked; to establish various cannabis business licensure categories; to establish tiering of cannabis business licenses; to require certain information be included in an application for a cannabis business license; to establish when the department may deny an application for a cannabis business license; to prohibit a practitioner from being a board member or principal officer of a cannabis business; to prohibit cross-ownership of certain classes of cannabis businesses; to establish rules for local sales, including establishing the process by which a local legislative body may prohibit the operation of cannabis businesses within its territory and the process for local ordinances and ballot initiatives; to establish technical requirements for cannabis businesses; to establish limits on the THC content of medicinal marijuana that can be produced or sold in the state; to establish requirements for cannabis cultivators, including cultivation square footage limits; to establish requirements for cannabis dispensaries; to establish requirements for safety compliance facilities; to establish requirements for cannabis processors; to establish procedures for the department to inspect cannabis businesses; to establish procedures for the suspension or revocation of a cannabis business license; to exempt certain records and information from the disclosure under the Kentucky Open Records Act; to require the department to develop, maintain, and operate electronic systems for monitoring the medicinal marijuana program; to require the department to promulgate administrative regulations necessary to implement the medicinal marijuana program; to establish that nothing in the bill requires government programs or private insurers to reimburse for the cost of use; to establish the medicinal marijuana trust fund; to establish the local medicinal marijuana trust fund; and to establish procedures for the distribution of local cannabis trust fund moneys; create a new section of KRS Chapter 138 to establish an excise tax of 12% for cultivators and processors for selling to dispensaries; to require that 80% of the revenue from the excise taxes be deposited into the medicinal marijuana trust fund; to require that 20% of the revenue from the excise taxes be deposited into the local medicinal marijuana trust fund; amend KRS 342.815 to establish that the Employerâs Mutual Insurance Authority shall not be required to provide coverage to an employer if doing so would subject the authority to a violation of state or federal law; amend KRS 139.470 to exempt the sale of medical marijuana from the state sales tax; amend KRS 218A.010, 218A.1421, 218A.1422, 218A.1423, and 218A.500 to conform; amend KRS 12.020 to change the name of the Department of Alcoholic Beverage Control to the Department of Alcoholic Beverage and Cannabis Control and to create the Division of Medicinal Marijuana; and amend KRS 12.252, 15.300, 15.380, 15.398, 15A.340, 15.420, 61.592, 62.160, 131.1815, 211.285, 241.010, 241.015, 241.030, 243.025, 243.0307, 243.038, 243.090, 243.360, 438.310, 438.311, 438.313, 438.315, 438.317, 438,320, 438.325, 438.330, 438.337, and 438.340 to conform; EFFECTIVE January 1, 2021; APPROPRIATION.
Summary of Amendment: House Committee Substitute 1Summary
Retain original provisions; replace references to medicinal marijuana with medicinal cannabis; delete provisions related to tiering of cannabis businesses except for cultivators, qualifying medical conditions, the Department of Alcoholic Beverage and Cannabis Control, and outdoor cultivation of cannabis; amend provisions related to definitions, allocation of the medicinal cannabis trust fund dollars, allocation of the local medicinal cannabis trust fund, licensing of cannabis business, and cultivation square footage limits; and establish new provisions related to administration and regulation by the Department for Public Health, the Board of Physicians and Advisors, cannabis business accreditation, collaborative agreements between pharmacists and dispensaries, patient consultations with pharmacists; make techinical corrections; Sections 2, 4 to 8, 11, 13 to 15, 18 to 25, 30, and 37 to 39 EFFECTIVE July 1, 2021, APPROPRIATION.
Summary of Amendment: House Committee Amendment 1 -- J. PetrieSummary
Make title amendment.
Summary of Amendment: House Floor Amendment 1 -- J. Sims JrSummary
Establish minimum list of qualifying medical conditions; APPROPRIATION.
Summary of Amendment: House Floor Amendment 2 -- S. SheldonSummary
Increase the pharmacy consultation fee from not more than $40 to at least $75; APPROPRIATION.
Summary of Amendment: House Floor Amendment 3 -- M. PruntySummary
Prohibit cannabis businesses from advertising medicinal cannabis sales; APPROPRIATION.
Summary of Amendment: House Floor Amendment 4 -- J. BlantonSummary
Establish civil liability for dispensaries and dispensary agents that do not comply with certain provisions of this Act; APPROPRIATION.
Summary of Amendment: House Floor Amendment 5 -- J. BlantonSummary
Establish civil liability for dispensaries and dispensary agents that do not comply with certain provisions of this Act.
Summary of Amendment: House Floor Amendment 6 -- K. KingSummary
Prohibit a practitioner from providing a written certification to a patient who is also taking a prescription drug that contraindicates the use of medicinal cannabis; APPROPRIATION.
Summary of Amendment: House Floor Amendment 7 -- K. KingSummary
Prohibit a practitioner from providing a written certification to a patient who is also taking a prescription drug that contraindicates the use of medicinal cannabis; APPROPRIATION.
Summary of Amendment: House Floor Amendment 8 -- D. BentleySummary
Amend KRS 216B.402 to require hospitals to report cases of cannabinoid hyperemesis syndrome to the Department for Public Health; APPROPRIATION.
Summary of Amendment: House Floor Amendment 9 -- D. BentleySummary
Amend KRS 216B.402 to require hospitals to report cases of cannabinoid hyperemesis syndrome to the Department for Alcoholic Beverage and Cannabis Control.
Summary of Amendment: House Floor Amendment 10 -- R. GoforthSummary
Establish minimum list of qualifying medical conditions; effective July 1, 2021; APPROPRIATION.
Summary of Amendment: House Floor Amendment 11 -- R. GoforthSummary
Delete all references to a dentist, podiatrist, and an optomertist as they relate to a practitioner who is authorized to provide written certifications for the use of medicinal cannabis.
Summary of Amendment: House Floor Amendment 12 -- R. GoforthSummary
Establish a definition for "edibles" and establish references to the definition as appropriate.
Summary of Amendment: House Floor Amendment 13 -- N. TateSummary
Expand the membership of the Board of Physicians and Advisors; APPROPRIATION.
Summary of Amendment: House Floor Amendment 14 -- C. FugateSummary
Require cardholders to return medicinal cannabis products to dispensaries for destruction if the registered qualified patient dies or ceases to be a qualified patient; effective July 1, 2021; APPROPRIATION.
Summary of Amendment: House Floor Amendment 15 -- C. FugateSummary
Permit law enforcement personnel and dispensary agents to access medicinal cannabis sales data reported by dispensaries; effective January 1, 2021; APPROPRIATION.
Summary of Amendment: House Floor Amendment 16 -- C. FugateSummary
Establish trafficking in any amount of marijuana or products containing marijuana cultivated, produced, or processed by a licensed cannabis business in violation of Sections 1 to 30 of the Act as a Class D felony; effective July 1, 2021; APPROPRIATION.
Summary of Amendment: House Floor Amendment 17 -- D. FrazierSummary
Prohibit the sale of medicinal cannabis products intended for consumption by vaporization to cardholders under 21 years of age; effective July 1, 2021; APPROPRIATION.
Statutes affected: Introduced: 342.815, 139.470, 218A.010, 218A.1421, 218A.1422, 218A.1423, 218A.500, 12.020, 12.252, 15.300, 15.380, 15.398, 15.420, 15A.340, 61.592, 62.160, 131.1815, 211.285, 241.010, 241.015, 241.030, 243.025, 243.0307, 243.038, 243.090, 243.360, 438.310, 438.311, 438.313, 438.315, 438.317, 438.320, 438.325, 438.330, 438.337, 438.340
House Committee Substitute 1: 342.815, 139.470, 218A.010, 218A.1421, 218A.1422, 218A.1423, 218A.500
Current: 342.815, 139.470, 218A.010, 218A.1421, 218A.1422, 218A.1423, 218A.500, 216B.402