Summary of Original Version

Establish KRS Chapter 239 and create new sections to establish the Department of Psychoactive Substances; define terms; make the department responsible for the oversight, regulation, and enforcement of cannabis, kratom, and designated hemp products; grant the department jurisdiction over regulated products and regulated adult-use products, which are a type of regulated products that include lawful products with psychoactive effects meant for human consumption; set out the functions, powers, and duties of the department, including the creation of a Regulated Products Control Board; establish hemp and kratom divisions within the department and the categories for licensure; authorize the department to promulgate administrative regulations, limit numbers of licenses, and set licensing fees; establish procedures for license denial, suspension, and revocation, and other disciplinary matters; prohibit use of regulated adult-use products by anyone under 21; move control over cannabis-infused beverages and direct shippers of regulated adult-use products from the Department of Alcoholic Beverage Control to the Department of Psychoactive Substances; create the Kentucky hemp fund and the Department of Psychoactive Substances fund; establish laboratory and testing standards and procedures; exempt designated persons from prosecution or discipline, including attorneys who represent those affiliated with regulated adult-use products; amend KRS 12.020 and 12.252 to place the Department of Psychoactive Substances in the Public Protection Cabinet; amend KRS 217.039 to move regulation of hemp-derived cannabinoids and manufacturers of cannabis-infused beverages to the Department of Psychoactive Substances from the Department for Public Health; amend KRS 2.015, 138.870, 218A.010, 218B.010, 218B.015, 218B.090, 260.852, 260.858, 260.862, 260.8635, and various sections of KRS Chapters 241 to 244 to conform; require the Department of Agriculture, Department for Public Health, and Department of Alcoholic Beverage Control to transfer relevant licensee data to the Department of Psychoactive Substances; repeal KRS 243.401, 243.403, and 243.405.

Statutes affected:
Introduced: 2.015, 12.020, 12.252, 138.870, 217.039, 218A.010, 218B.010, 218B.015, 241.010, 241.020, 241.060, 241.080, 241.090, 243.020, 243.027, 243.028, 243.030, 243.034, 243.0341, 243.040, 243.075, 243.0811, 243.100, 243.110, 243.200, 243.380, 243.390, 243.480, 243.490, 243.500, 243.540, 243.720, 243.730, 243.790, 243.850, 243.884, 244.060, 244.080, 244.150, 244.160, 244.202, 260.852, 260.858, 260.862, 260.8635