SB 170 — AN ACT relating to cannabis.

UNOFFICIAL COPY 22 RS BRSB 1634170/GA AN ACT relating to cannabiscannabis. and declaring an emergency.

Page 1 of 19 BR163400.100SB017010.100 - 1634 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRSB 1634170/GA (9) "Processing" means converting an agricultural commodity into a marketable form;

Penalties for persons who cultivate, handle, process, or market living hemp plants or viable seeds, leaf materials, or floral materials derived from hemp without a license are the same as those penalties that are applicable to persons who violate Page 2 of 19 BR163400.100SB017010.100 - 1634 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRSB 1634170/GA KRS Chapter 218A, relating to marijuana.

Page 3 of 19 BR163400.100SB017010.100 - 1634 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRSB 1634170/GA Section 4.

The chemical structure of which is substantially similar to the structure Page 4 of 19 BR163400.100SB017010.100 - 1634 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRSB 1634170/GA of a controlled substance in Schedule I or II;

Page 5 of 19 BR163400.100SB017010.100 - 1634 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRSB 1634170/GA (12) "Dispenser" means a person who lawfully dispenses a Schedule II, III, IV, or V controlled substance to or for the use of an ultimate user;

Of the terminal amido hydrogen atom with an alkyl, alkoxy, cycloalkyl, Page 6 of 19 BR163400.100SB017010.100 - 1634 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRSB 1634170/GA or furanyl group;

Page 7 of 19 BR163400.100SB017010.100 - 1634 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRSB 1634170/GA (21) "Hydrocodone combination product" means a drug with:

(27) "Manufacture," except as provided in KRS 218A.1431, means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural Page 8 of 19 BR163400.100SB017010.100 - 1634 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRSB 1634170/GA origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container except that this term does not include activities:

(d) For persons participating in a clinical trial or in an expanded access program, a drug or substance approved for the use of those participants by the United Page 9 of 19 BR163400.100SB017010.100 - 1634 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRSB 1634170/GA States Food and Drug Administration;

(b) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in Page 10 of 19 BR163400.100SB017010.100 - 1634 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRSB 1634170/GA paragraph (a) of this subsection, but not including the isoquinoline alkaloids of opium;

(40) "Practitioner" means a physician, dentist, podiatrist, veterinarian, scientific investigator, optometrist as authorized in KRS 320.240, advanced practice Page 11 of 19 BR163400.100SB017010.100 - 1634 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRSB 1634170/GA registered nurse as authorized under KRS 314.011, physician assistant as authorized under KRS 311.858, or other person licensed, registered, or otherwise permitted by state or federal law to acquire, distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state.

That Page 12 of 19 BR163400.100SB017010.100 - 1634 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRSB 1634170/GA presumption shall only be overcome by a finding on the record by the sentencing court of substantial and compelling reasons why the defendant cannot be safely and effectively supervised in the community, is not amenable to community-based treatment, or poses a significant risk to public safety;

Page 13 of 19 BR163400.100SB017010.100 - 1634 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRSB 1634170/GA (49) "Sell" means to dispose of a controlled substance to another person for consideration or in furtherance of commercial distribution;

Any compound containing a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, Page 14 of 19 BR163400.100SB017010.100 - 1634 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRSB 1634170/GA alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent.

Any compound containing a 1-(1- Page 15 of 19 BR163400.100SB017010.100 - 1634 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRSB 1634170/GA naphthylmethyl)indene structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent.

(52) "Synthetic cathinones" means any chemical compound which is not approved by the United States Food and Drug Administration or, if approved, which is not dispensed or possessed in accordance with state and federal law (not including bupropion or Page 16 of 19 BR163400.100SB017010.100 - 1634 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRSB 1634170/GA compounds listed under a different schedule) structurally derived from 2- aminopropan-1-one by substitution at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the compound is further modified in one (1) or more of the following ways:

Page 17 of 19 BR163400.100SB017010.100 - 1634 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRSB 1634170/GA (b) Delta 6 cis or trans tetrahydrocannabinol and their optical isomers;

and Page 18 of 19 BR163400.100SB017010.100 - 1634 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRSB 1634170/GA (58) "Ultimate user" means a person who lawfully possesses a controlled substance for his or her own use or for the use of a member of his or her household or for administering to an animal owned by him or her or by a member of his or her household.

SectionPage 5.19 of 19 SB017010.100 - 1634 - XXXX GA

Whereas the General Assembly intended to create a sustainable hemp program to capitalize on the industrial uses of hemp in an environment free of controlled substances, and whereas a flood of intoxicating tetrahydrocannabinol products have been marketed for sale in the Commonwealth in direct contravention of legislative policy and those products are detrimental to the public health of the Commonwealth's citizens, an emergency is declared to exist, and this Act takes effect upon its passage and approval by the Governor or upon its otherwise becoming a law.

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