Kentucky 2023 Regular Session Status: Enacted

SB 47 — AN ACT relating to medicinal cannabis.

Last action — signed by Governor (Acts Ch. 146)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 05, 2023. Enacted.

Prognosis

Advancing 52% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • Mixed recorded votes

    2 passed, 1 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Create new sections of KRS Chapter 218A to define terms and establish a medicinal cannabis program; amend KRS 342.815 to establish that the Employer’s 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 216B.402 to require hospital emergency departments to report cases of cannabinoid hyperemesis syndrome to the Department of Alcoholic Beverage and Cannabis Control; amend KRS 218A.010, 218A.1421, 218A.1422, 218A.1423, and 218A.500 to conform; amend KRS 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, and 438.340 to change the name of the Department of Alcoholic Beverage Control to the Department of Alcoholic Beverage and Cannabis Control; some sections EFFECTIVE July 1, 2024.

Bill Text

What changed in the latest version

2690 added · 3714 removed

2690 line(s) added, 3714 removed.

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UNOFFICIAL COPY 23 RS SB 47/GA AN ACT relating to medicinal cannabis.
CHAPTER 146 1 CHAPTER 146 ( SB 47 ) AN ACT relating to medicinal cannabis.
or Page 1 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA (b) A visiting qualified patient who has obtained and possesses:
or (b) A visiting qualified patient who has obtained and possesses:
(8) "Designated caregiver" means a person who has registered as such with the cabinet under Sections 10 and 11 of this Act;
(8) "Designated caregiver" means a person who has registered as such with the cabinet under Sections 10 and of this Act;
or 2.
or Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 2.
An offense that consisted of conduct for which Sections 1 to 30 of this Act would likely have prevented a conviction, but the conduct either occurred prior to the enactment of Sections 1 to 30 of this Act or was prosecuted by an authority other than the Commonwealth of Kentucky;
An offense that consisted of conduct for which Sections 1 to 30 of this Act would likely have prevented a conviction, but the conduct either occurred prior to the enactment of Sections 1 to of this Act or was prosecuted by an authority other than the Commonwealth of Kentucky;
Page 2 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA (12) "Enclosed, locked facility" means an indoor growing space such as a room, greenhouse, building, or other indoor enclosed area that is maintained and operated by a cultivator or producer and is equipped with locks and other security devices that permit access only by authorized agents of the cultivator or producer, as required by the cabinet;
(12) "Enclosed, locked facility" means an indoor growing space such as a room, greenhouse, building, or other indoor enclosed area that is maintained and operated by a cultivator or producer and is equipped with locks and other security devices that permit access only by authorized agents of the cultivator or producer, as required by the cabinet;
or any compound, mixture, or preparation which contains any quantity of these substances when cultivated, harvested, processed, produced, Page 3 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA transported, dispensed, distributed, sold, possessed, or used in accordance with Sections 1 to 30 of this Act;
or any compound, mixture, or preparation which contains any quantity of these substances when cultivated, harvested, processed, produced, transported, dispensed, distributed, sold, possessed, or used in accordance with Sections 1 to 30 of this Act;
and Page 4 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA (g) Any other medical condition or disease for which the Kentucky Center for Cannabis established in KRS 164.983, or its successor, determines that sufficient scientific data and evidence exists to demonstrate that an individual diagnosed with that condition or disease is likely to receive medical, therapeutic, or palliative benefits from the use of medicinal cannabis;
and CHAPTER 146 3 (g) Any other medical condition or disease for which the Kentucky Center for Cannabis established in KRS 164.983, or its successor, determines that sufficient scientific data and evidence exists to demonstrate that an individual diagnosed with that condition or disease is likely to receive medical, therapeutic, or palliative benefits from the use of medicinal cannabis;
(a) Any violation of Sections 1 to 30 of this Act or any administrative regulation promulgated thereunder that is capable of causing death or which causes Page 5 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ;
(a) Any violation of Sections 1 to 30 of this Act or any administrative regulation promulgated thereunder that is capable of causing death or which causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ;
Page 6 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA (a) States, that in the medicinal cannabis practitioner's professional medical opinion, the patient may receive medical, therapeutic, or palliative benefit from the use of medicinal cannabis;
(a) States, that in the medicinal cannabis practitioner's professional medical opinion, the patient may receive medical, therapeutic, or palliative benefit from the use of medicinal cannabis;
and (c) Affirms that the medicinal cannabis practitioner has a bona fide practitioner-patient relationship with the patient.
and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (c) Affirms that the medicinal cannabis practitioner has a bona fide practitioner-patient relationship with the patient.
(c) A registered qualified patient or visiting qualified patient shall not be considered to be under the influence of medicinal cannabis solely because of the presence of tetrahydrocannabinol metabolites, including but not limited to the cannabinoid carboxy THC, which is also known as THC- Page 7 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA COOH;
(c) A registered qualified patient or visiting qualified patient shall not be considered to be under the influence of medicinal cannabis solely because of the presence of tetrahydrocannabinol metabolites, including but not limited to the cannabinoid carboxy THC, which is also known as THC-COOH;
Page 8 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA (a) Prohibit the arrest, prosecution, or imposition of any other penalty arising from but not limited to breach of contract, breach of fiduciary duty, negligence, or engaging in criminal activity that would constitute a felony or misdemeanor;
(a) Prohibit the arrest, prosecution, or imposition of any other penalty arising from but not limited to breach of contract, breach of fiduciary duty, negligence, or engaging in criminal activity that would constitute a felony or misdemeanor;
or (b) The cardholder has a medically diagnosable disease that is characterized by chronic, habitual, or periodic use of medicinal cannabis resulting in interference with the cardholder's professional, social, or economic functions in the community or the loss of powers of self-control regarding the use of medicinal cannabis.
or (b) The cardholder has a medically diagnosable disease that is characterized by chronic, habitual, or periodic use of medicinal cannabis resulting in interference with the cardholder's professional, CHAPTER 146 5 social, or economic functions in the community or the loss of powers of self-control regarding the use of medicinal cannabis.
(a) Seven (7) physicians appointed by the Kentucky Board of Medical Page 9 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA Licensure and confirmed by the Senate in accordance with KRS 11.160.
(a) Seven (7) physicians appointed by the Kentucky Board of Medical Licensure and confirmed by the Senate in accordance with KRS 11.160.
Page 10 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA (b) Be eligible for reappointment;
(b) Be eligible for reappointment;
and 2.
and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 2.
Page 11 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA (e) Review relevant peer-reviewed, scientific data related to the use of medicinal cannabis for medical, therapeutic, or palliative purposes and make recommendations to the General Assembly to add or remove conditions from the list of qualifying medical conditions defined in Section 1 of this Act;
(e) Review relevant peer-reviewed, scientific data related to the use of medicinal cannabis for medical, therapeutic, or palliative purposes and make recommendations to the General Assembly to add or remove conditions from the list of qualifying medical conditions defined in Section 1 of this Act;
Page 12 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA (g) The number of cannabis business agents employed by each type of cannabis business;
(g) The number of cannabis business agents employed by each type of cannabis business;
and 5.
and CHAPTER 146 7 5.
Page 13 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA (i) The amount of medicinal cannabis sold per month in the Commonwealth;
(i) The amount of medicinal cannabis sold per month in the Commonwealth;
(8) The information contained in the report described in subsection (4) of this section shall be presented in a manner that complies with the federal Health Insurance Page 14 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA Portability and Accountability Act, Pub.
(8) The information contained in the report described in subsection (4) of this section shall be presented in a manner that complies with the federal Health Insurance Portability and Accountability Act, Pub.
of Section 27 of this Act;
of Section of this Act;
(3) A visiting qualified patient shall not be subject, under the laws of the Page 15 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA Commonwealth, to arrest, prosecution, or denial of any right or privilege, including but not limited to civil penalty or disciplinary action by a court or occupational or professional licensing board, for the use of medicinal cannabis, if the visiting qualified patient does not possess more than an amount of medicinal cannabis determined by the cabinet to constitute an uninterrupted ten (10) day supply on his or her person.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (3) A visiting qualified patient shall not be subject, under the laws of the Commonwealth, to arrest, prosecution, or denial of any right or privilege, including but not limited to civil penalty or disciplinary action by a court or occupational or professional licensing board, for the use of medicinal cannabis, if the visiting qualified patient does not possess more than an amount of medicinal cannabis determined by the cabinet to constitute an uninterrupted ten (10) day supply on his or her person.
or (c) An amount of medicinal cannabis determined by the cabinet to constitute an uninterrupted ten (10) day supply on his or her person for each registered qualified patient to whom the caregiver is connected through the cabinet's registration process, except that an amount greater than a ten (10) day supply may be transported by a designated caregiver from a dispensary to Page 16 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA his or her residence if the medicinal cannabis is contained in a sealed package that requires at least a two (2) step process for initial opening.
or (c) An amount of medicinal cannabis determined by the cabinet to constitute an uninterrupted ten (10) day supply on his or her person for each registered qualified patient to whom the caregiver is connected through the cabinet's registration process, except that an amount greater than a ten (10) day supply may be transported by a designated caregiver from a dispensary to his or her residence if the medicinal cannabis is contained in a sealed package that requires at least a two (2) step process for initial opening.
Page 17 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA (7) A cardholder shall not be subject, under the laws of the Commonwealth, to arrest, prosecution, or denial of any right or privilege, including but not limited to a civil penalty or disciplinary action by a court or occupational or professional licensing board, for:
(7) A cardholder shall not be subject, under the laws of the Commonwealth, to arrest, prosecution, or denial of any right or privilege, including but not limited to a civil penalty or disciplinary action by a court or occupational or professional licensing board, for:
(a) Selling medicinal cannabis accessories to a cardholder who is over eighteen (18) years of age upon presentation of a valid registry identification card issued by the cabinet or, for visiting qualified patients, a valid out-of-state registry identification card and documentation of having been diagnosed with a qualifying medical condition;
CHAPTER 146 9 (a) Selling medicinal cannabis accessories to a cardholder who is over eighteen (18) years of age upon presentation of a valid registry identification card issued by the cabinet or, for visiting qualified patients, a valid out-of-state registry identification card and documentation of having been diagnosed with a qualifying medical condition;
(9) Notwithstanding any other provision of law to the contrary, a registered qualified patient who is injured or defrauded, including by theft or deprivation of use and benefit of any money, personal property including medicinal cannabis, or articles Page 18 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA of value of any kind, by his or her designated caregiver shall have a civil cause of action in Circuit Court to recover the actual damages sustained, together with the cost of the lawsuit, including a reasonable fee for the individual's attorney of record.
(9) Notwithstanding any other provision of law to the contrary, a registered qualified patient who is injured or defrauded, including by theft or deprivation of use and benefit of any money, personal property including medicinal cannabis, or articles of value of any kind, by his or her designated caregiver shall have a civil cause of action in Circuit Court to recover the actual damages sustained, together with the cost of the lawsuit, including a reasonable fee for the individual's attorney of record.
(3) (a) There shall be a rebuttable presumption that a cardholder is engaged in the Page 19 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA lawful use of medicinal cannabis, or in the case of a designated caregiver, assisting with the lawful use of medicinal cannabis, if the cardholder:
(3) (a) There shall be a rebuttable presumption that a cardholder is engaged in the lawful use of medicinal cannabis, or in the case of a designated caregiver, assisting with the lawful use of medicinal cannabis, if the cardholder:
(b) Consuming medicinal cannabis while operating, navigating, or being in actual physical control of an aircraft, vehicle, vessel, or any other device known, or hereafter invented, that is powered by machinery and that is or Page 20 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA may be used to transport persons or property;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) Consuming medicinal cannabis while operating, navigating, or being in actual physical control of an aircraft, vehicle, vessel, or any other device known, or hereafter invented, that is powered by machinery and that is or may be used to transport persons or property;
(3) (a) An individual who violates subsection (1)(g) of this section shall not be considered to be in possession of medicinal cannabis or engaged in the use of medicinal cannabis and shall not benefit from the legal protections Page 21 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA afforded by Sections 1 to 30 of this Act.
(3) (a) An individual who violates subsection (1)(g) of this section shall not be considered to be in possession of medicinal cannabis or engaged in the use of medicinal cannabis and shall not benefit from the legal protections afforded by Sections 1 to 30 of this Act.
Page 22 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA 1.
1.
Restricting or prohibiting the use of equipment, machinery, or power tools by an employee who is a registered qualified patient, if the employer believes that the use of such equipment, machinery, or power tools by an employee who is a registered qualified patient poses an unreasonable safety risk;
Restricting or prohibiting the use of equipment, machinery, or power tools by an employee who is a registered qualified patient, if the employer believes that the use of such equipment, CHAPTER 146 11 machinery, or power tools by an employee who is a registered qualified patient poses an unreasonable safety risk;
If an employer determines, pursuant to subsection (2)(c) of Section 2 of this Act, that an employee who is a cardholder is impaired by the use of cannabis from the behavioral assessment and testing, the burden of proving non- impairment shall shift to the employee to refute the findings of the employer.
If an employer determines, pursuant to subsection (2)(c) of Section 2 of this Act, that an employee who is a cardholder is impaired by the use of cannabis from the behavioral assessment and testing, the burden of proving non-impairment shall shift to the employee to refute the findings of the employer.
Page 23 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA (2) An employee who is discharged from employment for consuming medicinal cannabis in the workplace, working while under the influence of medicinal cannabis, or testing positive for a controlled substance shall not be eligible to receive benefits under KRS Chapter 341, if such actions are in violation of an employment contract or established personnel policy.
(2) An employee who is discharged from employment for consuming medicinal cannabis in the workplace, working while under the influence of medicinal cannabis, or testing positive for a controlled substance shall not be eligible to receive benefits under KRS Chapter 341, if such actions are in violation of an employment contract or established personnel policy.
(4) (a) A school shall not refuse to enroll, or otherwise penalize, a person solely for Page 24 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA his or her status as a cardholder, unless failing to do so would violate federal law or regulations and cause the school to lose a monetary or licensing-related benefit under federal law or regulations.
(4) (a) A school shall not refuse to enroll, or otherwise penalize, a person solely for his or her status as a cardholder, unless failing to do so would violate federal law or regulations and cause the school to lose a monetary or licensing-related benefit under federal law or 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 written certifications for the use of medicinal cannabis shall apply to the same state licensing board that issued his or her professional practice license, on a form prescribed by the state licensing board, for authorization to provide written certifications for the use of medicinal cannabis.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (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 written certifications for the use of medicinal cannabis shall apply to the same state licensing board that issued his or her professional practice license, on a form prescribed by the state licensing board, for authorization to provide written certifications for the use of medicinal cannabis.
(b) A state licensing board shall not authorize an application for authorization to provide written certifications for the use of medicinal cannabis if the Page 25 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA applicant has an ownership or investment interest in or compensation agreement with a cannabis business licensed under this chapter.
(b) A state licensing board shall not authorize an application for authorization to provide written certifications for the use of medicinal cannabis if the applicant has an ownership or investment interest in or compensation agreement with a cannabis business licensed under this chapter.
and (e) Obtained the consent of the patient's custodial parent or legal guardian Page 26 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA responsible for providing consent to treatment, if the patient is a minor child.
and (e) Obtained the consent of the patient's custodial parent or legal guardian responsible for providing consent to treatment, if the patient is a minor child.
Thereafter, the medicinal cannabis practitioner may issue another certification to the patient only after an in- person examination or an examination conducted via telehealth of the patient by the medicinal cannabis practitioner.
Thereafter, the medicinal cannabis practitioner may issue another certification to the patient only after an in-person examination or an examination conducted via telehealth of the patient by the medicinal cannabis practitioner.
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Page 27 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA (a) Dispense medicinal cannabis;
CHAPTER 146 13 (a) Dispense medicinal cannabis;
Page 28 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA 4.
4.
(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 identification card Page 29 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA issued by the cabinet.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (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 identification card issued by the cabinet.
(4) A person shall be eligible to apply for a registry identification card as a visiting qualified patient if he or she is not a resident of Kentucky or has been a resident of Kentucky for less than thirty (30) days, is at least twenty-one (21) years of age, has not been convicted of a disqualifying felony offense, possesses a valid out-of- state registry identification card, and possesses documentation of having been diagnosed with a qualifying medical condition.
(4) A person shall be eligible to apply for a registry identification card as a visiting qualified patient if he or she is not a resident of Kentucky or has been a resident of Kentucky for less than thirty (30) days, is at least twenty-one (21) years of age, has not been convicted of a disqualifying felony offense, possesses a valid out- of-state registry identification card, and possesses documentation of having been diagnosed with a qualifying medical condition.
(5) A person with a valid out-of-state registry identification card and documentation of having been diagnosed with a qualifying medical condition may use his or her out-of-state registry identification card for all purposes established in Sections 1 to 30 of this Act and shall not be required to apply for or receive a visiting Page 30 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA qualified patient registry identification card from the cabinet.
(5) A person with a valid out-of-state registry identification card and documentation of having been diagnosed with a qualifying medical condition may use his or her out-of-state registry identification card for all purposes established in Sections 1 to 30 of this Act and shall not be required to apply for or receive a visiting qualified patient registry identification card from the cabinet.
The statement shall Page 31 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA contain a listing of potential penalties, including criminal prosecution, for diverting medicinal cannabis;
The statement shall contain a listing of potential penalties, including criminal prosecution, for diverting medicinal cannabis;
(a) Documentation of diagnosis of a qualifying medical condition by a practitioner other than the medicinal cannabis practitioner who provided the written certification for the use of medicinal cannabis;
CHAPTER 146 15 (a) Documentation of diagnosis of a qualifying medical condition by a practitioner other than the medicinal cannabis practitioner who provided the written certification for the use of medicinal cannabis;
(c) Proof that he or she has been diagnosed with a qualifying medical Page 32 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA condition;
(c) Proof that he or she has been diagnosed with a qualifying medical condition;
Page 33 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA (b) A designation of whether the cardholder is a registered qualified patient, visiting qualified patient, or designated caregiver;
(b) A designation of whether the cardholder is a registered qualified patient, visiting qualified patient, or designated caregiver;
(i) If the cardholder is a designated caregiver, the random alphanumeric identification number of the registered qualified patient the designated caregiver is receiving the registry identification card to assist;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (i) If the cardholder is a designated caregiver, the random alphanumeric identification number of the registered qualified patient the designated caregiver is receiving the registry identification card to assist;
Page 34 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA (4) The cabinet may, at its discretion, electronically store in the card all of the information listed in subsection (2) of this section, along with the address and date of birth of the cardholder, to allow it to be read electronically by law enforcement agents and licensed cannabis businesses.
(4) The cabinet may, at its discretion, electronically store in the card all of the information listed in subsection (2) of this section, along with the address and date of birth of the cardholder, to allow it to be read electronically by law enforcement agents and licensed cannabis businesses.
(b) The registration receipt system shall be designed so that this provisional Page 35 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA registration receipt shall be produced by the application website upon completion of an application that includes a written certification for the use of medicinal cannabis and payment of the cardholder fee.
(b) The registration receipt system shall be designed so that this provisional registration receipt shall be produced by the application website upon completion of an application that includes a written certification for the use of medicinal cannabis and payment of the cardholder fee.
and (b) Issue registry identification cards to a qualified patient and any individual designated by the qualified patient as a designated caregiver or a visiting qualified patient within five (5) days of approving the application or renewal.
and CHAPTER 146 17 (b) Issue registry identification cards to a qualified patient and any individual designated by the qualified patient as a designated caregiver or a visiting qualified patient within five (5) days of approving the application or renewal.
Page 36 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA (2) The cabinet shall not issue a registry identification card to a qualified patient who is younger than eighteen (18) years of age unless:
(2) The cabinet shall not issue a registry identification card to a qualified patient who is younger than eighteen (18) years of age unless:
Page 37 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA 2.
2.
(6) The cabinet may conduct a criminal background check of any applicant if the criminal background check is conducted solely to determine whether the applicant was previously convicted of a disqualifying felony offense.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (6) The cabinet may conduct a criminal background check of any applicant if the criminal background check is conducted solely to determine whether the applicant was previously convicted of a disqualifying felony offense.
(7) The cabinet shall notify the registered qualified patient who has designated Page 38 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA someone to serve as his or her designated caregiver if the individual designated as a caregiver is denied a registry identification card.
(7) The cabinet shall notify the registered qualified patient who has designated someone to serve as his or her designated caregiver if the individual designated as a caregiver is denied a registry identification card.
and Page 39 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA (e) If a cardholder loses his or her registry identification card, he or she shall notify the cabinet within ten (10) days of becoming aware the card has been lost.
and (e) If a cardholder loses his or her registry identification card, he or she shall notify the cabinet within ten (10) days of becoming aware the card has been lost.
(5) If a medicinal cannabis practitioner who provided a written certification notifies the cabinet in writing that the registered qualified patient has died, ceased to suffer from the medical condition for which a medicinal cannabis practitioner provided a written certification, or that the medicinal cannabis practitioner no longer believes the patient might receive therapeutic or palliative benefit from the use of medicinal cannabis, the cabinet shall promptly notify the registered Page 40 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA qualified patient in writing.
(5) If a medicinal cannabis practitioner who provided a written certification notifies the cabinet in writing that the registered qualified patient has died, ceased to suffer from the medical condition for which a medicinal cannabis practitioner provided a written certification, or that the medicinal cannabis practitioner no longer believes the patient might receive therapeutic or palliative benefit from the use of medicinal cannabis, the cabinet shall promptly notify the registered qualified patient in writing.
(1) Any cardholder who sells, distributes, or dispenses medicinal cannabis to a person who is not permitted to possess or use medicinal cannabis under Sections 1 to 30 of this Act shall have his or her registry identification card revoked and shall be subject to other penalties, including but not limited to criminal prosecution under this chapter and KRS 138.870 to 138.889.
(1) Any cardholder who sells, distributes, or dispenses medicinal cannabis to a person who is not permitted to possess or use medicinal cannabis under Sections 1 to 30 of this Act shall have his or her registry CHAPTER 146 19 identification card revoked and shall be subject to other penalties, including but not limited to criminal prosecution under this chapter and KRS 138.870 to 138.889.
(1) No person shall cultivate, process, produce, possess, test, transfer, transport, or sell medicinal cannabis or otherwise operate a cannabis business in this state Page 41 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA without first obtaining a license under this section.
(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.
Page 42 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA (b) The renewal of a cannabis business license shall be contingent upon successful achievement of minimal performance standards established by the cabinet as part of the biennial accreditation process established by the cabinet pursuant to Section 27 of this Act.
(b) The renewal of a cannabis business license shall be contingent upon successful achievement of minimal performance standards established by the cabinet as part of the biennial accreditation process established by the cabinet pursuant to Section 27 of this Act.
(a) The proposed legal name of the cannabis business;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (a) The proposed legal name of the cannabis business;
(a) Acknowledge receipt of an application for a cannabis business license Page 43 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA within fifteen (15) days of receipt;
(a) Acknowledge receipt of an application for a cannabis business license within fifteen (15) days of receipt;
or (f) 1.
or (e) 1.
For a cultivator, processor, producer, or dispensary, one (1) or more of the prospective principal officers or board members is a principal officer or board member of a safety compliance facility licensed to Page 44 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA operate in Kentucky.
For a cultivator, processor, producer, or dispensary, one (1) or more of the prospective principal officers or board members is a principal officer or board member of a safety compliance facility licensed to operate in Kentucky.
and 3.
and CHAPTER 146 21 3.
Page 45 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA (1) A cannabis business licensed under this chapter shall:
(1) A cannabis business licensed under this chapter shall:
For the purposes of distributing medicinal cannabis to cardholders who possess a valid registry identification card issued by the cabinet, or for visiting qualified patients, a valid out-of-state registry identification card and documentation of having been diagnosed with a qualifying medical condition;
For the purposes of distributing medicinal cannabis to cardholders who possess a valid registry identification card issued by the cabinet, or for visiting qualified patients, a valid out- of-state registry identification card and documentation of having been diagnosed with a qualifying medical condition;
Page 46 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA (b) Acquire, possess, cultivate, process, manufacture, deliver, transfer, transport, supply, dispense, or sell:
(b) Acquire, possess, cultivate, process, manufacture, deliver, transfer, transport, supply, dispense, or sell:
(d) Permit a person who is not a cardholder to enter or remain on the premises of a cannabis business, except in accordance with subsection (6) of this section;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (d) Permit a person who is not a cardholder to enter or remain on the premises of a cannabis business, except in accordance with subsection (6) of this section;
or (f) Advertise medicinal cannabis sales in print, broadcast, online, by paid in- person solicitation of customers, or by any other advertising device as defined in KRS 177.830, except that this paragraph shall not prevent appropriate signs on the property of a licensed cannabis business, listings in business directories including phone books, listings in trade or medical publications, or sponsorship of health or not-for-profit charity or advocacy events.
or (f) Advertise medicinal cannabis sales in print, broadcast, online, by paid in-person solicitation of customers, or by any other advertising device as defined in KRS 177.830, except that this paragraph shall not prevent appropriate signs on the property of a licensed cannabis business, listings in business directories including phone books, listings in trade or medical publications, or sponsorship of health or not-for-profit charity or advocacy events.
(3) The operating documents of a cannabis business shall include procedures for its oversight and procedures to ensure accurate recordkeeping and inventory Page 47 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA control.
(3) The operating documents of a cannabis business shall include procedures for its oversight and procedures to ensure accurate recordkeeping and inventory control.
The cabinet Page 48 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA may inspect any licensed cannabis business premises without having to first obtain a search warrant.
The cabinet may inspect any licensed cannabis business premises without having to first obtain a search warrant.
(6) A dispensary may continue to possess its existing medicinal cannabis inventory during a suspension, but it shall not acquire additional medicinal cannabis, or dispense, transfer, or sell medicinal cannabis during a suspension.
CHAPTER 146 23 (6) A dispensary may continue to possess its existing medicinal cannabis inventory during a suspension, but it shall not acquire additional medicinal cannabis, or dispense, transfer, or sell medicinal cannabis during a suspension.
(7) A processor may continue to process and possess its existing medicinal cannabis inventory during a suspension, but it shall not acquire additional medicinal Page 49 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA cannabis, or dispense, transfer, or sell medicinal cannabis products during a suspension.
(7) A processor may continue to process and possess its existing medicinal cannabis inventory during a suspension, but it shall not acquire additional medicinal cannabis, or dispense, transfer, or sell medicinal cannabis products during a suspension.
Page 50 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA (a) Only deliver raw plant material to a licensed processor, licensed producer, licensed safety compliance facility, or licensed dispensary for fair market value;
(a) Only deliver raw plant material to a licensed processor, licensed producer, licensed safety compliance facility, or licensed dispensary for fair market value;
(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 Section 19 of this Act, to seizure or penalty in any manner, or be denied any right or privilege, including but not limited to a civil penalty or disciplinary action by a court or business licensing board, for acting Page 51 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA pursuant to Sections 1 to 30 of this Act and the cabinet's administrative regulations for:
(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 Section 19 of this Act, to seizure or penalty in any manner, or be denied any right or privilege, including but not limited to a civil penalty or disciplinary action by a court or business licensing board, for acting pursuant to Sections 1 to 30 of this Act and the cabinet's administrative regulations for:
(b) Acquiring or possessing medicinal cannabis accessories or educational material;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) Acquiring or possessing medicinal cannabis accessories or educational material;
The data required to be recorded by this paragraph shall be entered into the electronic monitoring system established pursuant to Section 38 of this Act in accordance with administrative regulations promulgated by the cabinet for Page 52 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA the recording of medicinal cannabis dispensing;
The data required to be recorded by this paragraph shall be entered into the electronic monitoring system established pursuant to Section of this Act in accordance with administrative regulations promulgated by the cabinet for the recording of medicinal cannabis dispensing;
of this paragraph with a delta-9 tetrahydrocannabinol content of Page 53 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA more than seventy percent (70%);
of this paragraph with a delta-9 tetrahydrocannabinol content of more than seventy percent (70%);
and (i) Not rent office space to a medicinal cannabis practitioner.
and CHAPTER 146 25 (i) Not rent office space to a medicinal cannabis practitioner.
In any action under this subsection, the court may also award any injunctive or equitable relief that the Page 54 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA court considers appropriate.
In any action under this subsection, the court may also award any injunctive or equitable relief that the court considers appropriate.
(c) Any medicinal cannabis product not described in paragraph (a) or (b) of this subsection with a delta-9 tetrahydrocannabinol content of more than Page 55 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA seventy percent (70%);
(c) Any medicinal cannabis product not described in paragraph (a) or (b) of this subsection with a delta- tetrahydrocannabinol content of more than seventy percent (70%);
or (e) Possessing, processing, preparing, manufacturing, manipulating, blending, preparing, or packaging medicinal cannabis.
or Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (e) Possessing, processing, preparing, manufacturing, manipulating, blending, preparing, or packaging medicinal cannabis.
(b) Only deliver raw plant material to a licensed dispensary, processor, or producer after it has been checked by a safety compliance facility agent for Page 56 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA cannabinoid contents and contaminants in accordance with administrative regulations promulgated by the cabinet;
(b) Only deliver raw plant material to a licensed dispensary, processor, or producer after it has been checked by a safety compliance facility agent for cannabinoid contents and contaminants in accordance with administrative regulations promulgated by the cabinet;
(c) Any medicinal cannabis product not described in paragraph (a) or (b) of this subsection with a delta-9 tetrahydrocannabinol content of more than seventy percent (70%);
(c) Any medicinal cannabis product not described in paragraph (a) or (b) of this subsection with a delta- tetrahydrocannabinol content of more than seventy percent (70%);
(1) Acquiring or possessing medicinal cannabis obtained from cardholders or Page 57 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA cannabis businesses in this state;
(1) Acquiring or possessing medicinal cannabis obtained from cardholders or cannabis businesses in this state;
(1) For the purposes of this section, "local government" means a city, county, urban- Page 58 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA county government, consolidated local government, charter county government, or unified local government.
(1) For the purposes of this section, "local government" means a city, county, urban-county government, consolidated local government, charter county government, or unified local government.
(2) A local government may:
CHAPTER 146 27 (2) A local government may:
(4) If a local government legislative body with jurisdiction prohibits cannabis business operations through the passage of an ordinance, a public question that is initiated by petition and that proposes allowing a cannabis business to operate Page 59 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA within the affected territory is authorized.
(4) If a local government legislative body with jurisdiction prohibits cannabis business operations through the passage of an ordinance, a public question that is initiated by petition and that proposes allowing a cannabis business to operate within the affected territory is authorized.
(f) After a petition for the submission of the proposal has received no fewer Page 60 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA than the number of qualifying signatures required by paragraph (c) of this subsection, the signed petition shall be filed with the county clerk.
(f) After a petition for the submission of the proposal has received no fewer than the number of qualifying signatures required by paragraph (c) of this subsection, the signed petition shall be filed with the county clerk.
(g) No signer of the petition may withdraw his or her name or have it taken from the petition after the petition has been filed.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (g) No signer of the petition may withdraw his or her name or have it taken from the petition after the petition has been filed.
The supplemental petition shall comply with the requirements applicable to Page 61 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA the original petition and, within ten (10) days after it is filed, the county clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of the certificate to the person or persons specified to receive all notices and to the legislative body of the affected territory by registered mail;
The supplemental petition shall comply with the requirements applicable to the original petition and, within ten (10) days after it is filed, the county clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of the certificate to the person or persons specified to receive all notices and to the legislative body of the affected territory by registered mail;
(7) If the question submitted to the voters under subsection (3) or (5) of this section Page 62 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA passes, medicinal cannabis sales and cannabis business operations may be conducted in the affected territory, notwithstanding any local government ordinances which prohibit all cannabis business operations within its territory.
(7) If the question submitted to the voters under subsection (3) or (5) of this section passes, medicinal cannabis sales and cannabis business operations may be conducted in the affected territory, notwithstanding any local government ordinances which prohibit all cannabis business operations within its territory.
SECTION 26.
CHAPTER 146 29 SECTION 26.
A NEW SECTION OF KRS CHAPTER 218A IS CREATED Page 63 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA TO READ AS FOLLOWS:
A NEW SECTION OF KRS CHAPTER 218A IS CREATED TO READ AS FOLLOWS:
Page 64 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA Data subject to this section shall not be combined or linked in any manner with any other list or database maintained by the cabinet and shall not be used for any purpose not provided for in Sections 1 to 30 of this Act.
Data subject to this section shall not be combined or linked in any manner with any other list or database maintained by the cabinet and shall not be used for any purpose not provided for in Sections 1 to 30 of this Act.
(5) It shall be a misdemeanor punishable by up to one hundred eighty (180) days in jail for any person, including an employee or official of the cabinet or another state agency or local government, to knowingly breach the confidentiality of Page 65 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA information obtained pursuant to Sections 1 to 30 of this Act.
(5) It shall be a misdemeanor punishable by up to one hundred eighty (180) days in jail for any person, including an employee or official of the cabinet or another state agency or local government, to knowingly breach the confidentiality of information obtained pursuant to Sections 1 to 30 of this Act.
1.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 1.
(b) Ensure that the electronic monitoring system established pursuant to Page 66 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA Section 38 of this Act is designed to facilitate the tracking of medicinal cannabis from the point of cultivation to the point of sale to cardholders;
(b) Ensure that the electronic monitoring system established pursuant to Section 38 of this Act is designed to facilitate the tracking of medicinal cannabis from the point of cultivation to the point of sale to cardholders;
Page 67 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA a.
a.
Provisions governing the following matters related to cannabis businesses with the goal of protecting against diversion and theft, without imposing any undue burden that would make cannabis business operations unreasonable or impractical on cannabis businesses or compromising the confidentiality of cardholders:
Provisions governing the following matters related to cannabis businesses with the goal of protecting against diversion and theft, without imposing any undue burden that would make CHAPTER 146 31 cannabis business operations unreasonable or impractical on cannabis businesses or compromising the confidentiality of cardholders:
Security requirements for safety compliance facilities, Page 68 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA processors, producers, dispensaries, and cultivators, which shall include at a minimum lighting, video security, alarm requirements, on-site parking, and measures to prevent loitering;
Security requirements for safety compliance facilities, processors, producers, dispensaries, and cultivators, which shall include at a minimum lighting, video security, alarm requirements, on-site parking, and measures to prevent loitering;
Requirements for licensed cultivators, producers, and processors to contract with an independent safety compliance facility to test the Page 69 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA medicinal cannabis before it is sold at a dispensary.
Requirements for licensed cultivators, producers, and processors to contract with an independent safety compliance facility to test the medicinal cannabis before it is sold at a dispensary.
f.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY f.
Page 70 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA g.
g.
Page 71 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA 18.
18.
(2) Except as provided in subsection (1)(g) of Section 6 of this Act, subsection (2)(b) of Section 18 of this Act, subsection (2)(d) of Section 21 of this Act, subsection (2) of Section 22 of this Act, subsection (3) of Section 23 of this Act, and subsection (1)(c)10., 13., 15., and 16.
(2) Except as provided in subsection (1)(g) of Section 6 of this Act, subsection (2)(b) of Section 18 of this Act, subsection (2)(d) of Section 21 of this Act, subsection (2) of Section 22 of this Act, subsection (3) of Section of this Act, and subsection (1)(c)10., 13., 15., and 16.
(3) If a need for additional cannabis cultivation in this state is demonstrated by cannabis businesses or the cabinet's own analysis, the cabinet may through the promulgation of administrative regulations increase the cultivation area square footage limits for either cultivators or producers, or both by up to three (3) times Page 72 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA the limits established in Sections 20 and 23 of this Act.
(3) If a need for additional cannabis cultivation in this state is demonstrated by cannabis businesses or the cabinet's own analysis, the cabinet may through the promulgation of administrative regulations increase the cultivation area square footage limits for either cultivators or producers, or both by up to three (3) times the limits established in Sections 20 and 23 of this Act.
If the Kentucky Center for Cannabis established in KRS 164.983, or its successor, determines that sufficient scientific data and evidence exists to demonstrate that an individual diagnosed with that specific medical condition or disease is likely to receive medical, therapeutic, or palliative benefits from the use of medicinal cannabis, the center shall notify the cabinet, the Kentucky Board of Medical Licensure, and the Kentucky Board of Nursing of its determination and the specific medical condition or disease shall be considered to be a qualifying medical condition as defined in Section 1 of this Act.
If the Kentucky Center for Cannabis established in KRS 164.983, or its successor, determines that sufficient scientific data and evidence exists to demonstrate that an individual diagnosed with that specific medical condition CHAPTER 146 33 or disease is likely to receive medical, therapeutic, or palliative benefits from the use of medicinal cannabis, the center shall notify the cabinet, the Kentucky Board of Medical Licensure, and the Kentucky Board of Nursing of its determination and the specific medical condition or disease shall be considered to be a qualifying medical condition as defined in Section 1 of this Act.
Page 73 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA (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;
(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;
(5) "Dosage unit" means a tablet, capsule, vial, or ampule of a controlled substance or, in cases of mass volume or diluted quantities, the proper dose or quantity of a Page 74 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA controlled substance to be taken all at one (1) time or in fractional amounts within a given period, as defined and adopted by the United States Pharmacopeia.
(5) "Dosage unit" means a tablet, capsule, vial, or ampule of a controlled substance or, in cases of mass volume or diluted quantities, the proper dose or quantity of a controlled substance to be taken all at one (1) time or in fractional amounts within a given period, as defined and adopted by the United States Pharmacopeia.
(3) (a) All energy or energy-producing fuels used in the course of manufacturing, processing, mining, or refining and any related distribution, transmission, and transportation services for this energy that are billed to the user, to the extent that the cost of the energy or energy-producing fuels used, and related distribution, transmission, and transportation services for this energy that are billed to the user exceed three percent (3%) of the cost of production.
(3) (a) All energy or energy-producing fuels used in the course of manufacturing, processing, mining, or refining and any related distribution, transmission, and transportation services for this energy that are Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY billed to the user, to the extent that the cost of the energy or energy-producing fuels used, and related distribution, transmission, and transportation services for this energy that are billed to the user exceed three percent (3%) of the cost of production.
(c) A person who performs a manufacturing or industrial processing activity for a fee and does not take ownership of the tangible personal property that is incorporated into, or becomes the product of, the manufacturing or industrial Page 75 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA processing activity is a toller.
(c) A person who performs a manufacturing or industrial processing activity for a fee and does not take ownership of the tangible personal property that is incorporated into, or becomes the product of, the manufacturing or industrial processing activity is a toller.
Maintains accounting records that show the expenses it incurs to fulfill the binding contract that include but are not limited to energy or energy- producing fuels, materials, labor, procurement, depreciation, maintenance, taxes, administration, and office expenses;
Maintains accounting records that show the expenses it incurs to fulfill the binding contract that include but are not limited to energy or energy-producing fuels, materials, labor, procurement, depreciation, maintenance, taxes, administration, and office expenses;
of this paragraph and gives an overview of its tolling operations with an Page 76 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA explanation of how the tolling operations relate and connect with all other manufacturing or industrial processing activities occurring at the plant facility;
of this paragraph and gives an overview of its tolling operations with an explanation of how the tolling operations relate and connect with all other manufacturing or industrial processing activities occurring at the plant facility;
1.
CHAPTER 146 35 1.
Page 77 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA 2.
2.
Page 78 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA (15) Gasoline, special fuels, liquefied petroleum gas, and natural gas used exclusively and directly to:
(15) Gasoline, special fuels, liquefied petroleum gas, and natural gas used exclusively and directly to:
Any property to be incorporated into the construction, rebuilding, modification, or expansion of a blast furnace or any of its components or Page 79 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA appurtenant equipment or structures as part of an approved supplemental project, as defined by KRS 154.26-010;
Any property to be incorporated into the construction, rebuilding, modification, or expansion of a blast furnace or any of its components or appurtenant equipment or structures as part of an approved supplemental project, as defined by KRS 154.26-010;
and 2.
and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 2.
(23) Ratite birds and eggs to be used in an agricultural pursuit for the breeding and production of ratite birds, feathers, hides, breeding stock, eggs, meat, and ratite by- products, and the following items used in this agricultural pursuit:
(23) Ratite birds and eggs to be used in an agricultural pursuit for the breeding and production of ratite birds, feathers, hides, breeding stock, eggs, meat, and ratite by-products, and the following items used in this agricultural pursuit:
The exemption shall apply to incubation Page 80 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA systems, egg processing equipment, waterer and feeding systems, brooding systems, ventilation systems, alarm systems, and curtain systems.
The exemption shall apply to incubation systems, egg processing equipment, waterer and feeding systems, brooding systems, ventilation systems, alarm systems, and curtain systems.
Page 81 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA (b) Production of milk for sale;
(b) Production of milk for sale;
(a) Feed and feed additives;
CHAPTER 146 37 (a) Feed and feed additives;
and (d) On-farm facilities, including equipment, machinery, attachments, repair and replacement parts, and any materials incorporated into the construction, Page 82 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA renovation, or repair of the facilities and, any gasoline, special fuels, liquefied petroleum gas, or natural gas used to operate the facilities.
and (d) On-farm facilities, including equipment, machinery, attachments, repair and replacement parts, and any materials incorporated into the construction, renovation, or repair of the facilities and, any gasoline, special fuels, liquefied petroleum gas, or natural gas used to operate the facilities.
Page 83 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA Nominal intrastate use shall not subject the property to the taxes imposed by this chapter;
Nominal intrastate use shall not subject the property to the taxes imposed by this chapter;
and (34) Medicinal cannabis as defined in Section 1 of this Act when sold, used, stored, or consumed in accordance with Sections 1 to 30 of this Act.
and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (34) Medicinal cannabis as defined in Section 1 of this Act when sold, used, stored, or consumed in accordance with Sections 1 to 30 of this Act.
(a)[(1)] The person shall be informed of available substance use disorder treatment services known to the hospital that are provided by that hospital, Page 84 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA other local hospitals, the local community mental health center, and any other local treatment programs licensed pursuant to KRS 222.231;
(a)[(1)] The person shall be informed of available substance use disorder treatment services known to the hospital that are provided by that hospital, other local hospitals, the local community mental health center, and any other local treatment programs licensed pursuant to KRS 222.231;
Page 85 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA (a) A practitioner or by his or her authorized agent under his or her immediate supervision and pursuant to his or her order;
(a) A practitioner or by his or her authorized agent under his or her immediate supervision and pursuant to his or her order;
and 2.
and CHAPTER 146 39 2.
or Page 86 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA 3.
or 3.
(14) "Dosage unit" means a single pill, capsule, ampule, liquid, or other form of Page 87 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA administration available as a single unit;
(14) "Dosage unit" means a single pill, capsule, ampule, liquid, or other form of administration available as a single unit;
1.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 1.
By substitution on the piperadine ring to any extent with alkyl, allyl, Page 88 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA alkoxy, hydroxy, or halide substituents at the 2-, 3-, 5-, and/or 6- positions;
By substitution on the piperadine ring to any extent with alkyl, allyl, alkoxy, hydroxy, or halide substituents at the 2-, 3-, 5-, and/or 6- positions;
(18) "Good faith prior examination," as used in KRS Chapter 218A and for criminal prosecution only, means an in-person medical examination of the patient conducted by the prescribing practitioner or other health-care professional routinely relied upon in the ordinary course of his or her practice, at which time the patient is physically examined and a medical history of the patient is obtained.
(18) "Good faith prior examination," as used in KRS Chapter 218A and for criminal prosecution only, means an in- person medical examination of the patient conducted by the prescribing practitioner or other health-care professional routinely relied upon in the ordinary course of his or her practice, at which time the patient is physically examined and a medical history of the patient is obtained.
or Page 89 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA (b) Not more than three hundred (300) milligrams of dihydrocodeinone, or any of its salts, per one hundred (100) milliliters or not more than fifteen (15) milligrams per dosage unit, with one (1) or more active, nonnarcotic ingredients in recognized therapeutic amounts;
or (b) Not more than three hundred (300) milligrams of dihydrocodeinone, or any of its salts, per one hundred (100) milliliters or not more than fifteen (15) milligrams per dosage unit, with one (1) or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(a) By a practitioner as an incident to his or her administering or dispensing of a Page 90 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA controlled substance in the course of his or her professional practice;
(a) By a practitioner as an incident to his or her administering or dispensing of a controlled substance in the course of his or her professional practice;
or (c) By a pharmacist as an incident to his or her dispensing of a controlled substance in the course of his or her professional practice;
or CHAPTER 146 41 (c) By a pharmacist as an incident to his or her dispensing of a controlled substance in the course of his or her professional practice;
(f) For the purpose of conducting scientific research, a cannabinoid product derived from industrial hemp, as defined in KRS 260.850;[ or] Page 91 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA (g) A cannabinoid product approved as a prescription medication by the United States Food and Drug Administration;
(f) For the purpose of conducting scientific research, a cannabinoid product derived from industrial hemp, as defined in KRS 260.850;[ or] (g) A cannabinoid product approved as a prescription medication by the United States Food and Drug Administration;
(31) "Medical record," as used in KRS Chapter 218A and for criminal prosecution only, means a record, other than for financial or billing purposes, relating to a patient, kept by a practitioner as a result of the practitioner-patient relationship;
(31) "Medical record," as used in KRS Chapter 218A and for criminal prosecution only, means a record, other than for financial or billing purposes, relating to a patient, kept by a practitioner as a result of the practitioner- patient relationship;
(d) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been Page 92 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA removed;
(d) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;
(34) "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (34) "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability.
"Practitioner" also includes a physician, dentist, podiatrist, Page 93 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA veterinarian, or advanced practice registered nurse authorized under KRS 314.011 who is a resident of and actively practicing in a state other than Kentucky and who is licensed and has prescriptive authority for controlled substances under the professional licensing laws of another state, unless the person's Kentucky license has been revoked, suspended, restricted, or probated, in which case the terms of the Kentucky license shall prevail;
"Practitioner" also includes a physician, dentist, podiatrist, veterinarian, or advanced practice registered nurse authorized under KRS 314.011 who is a resident of and actively practicing in a state other than Kentucky and who is licensed and has prescriptive authority for controlled substances under the professional licensing laws of another state, unless the person's Kentucky license has been revoked, suspended, restricted, or probated, in which case the terms of the Kentucky license shall prevail;
(45) "Production" includes the manufacture, planting, cultivation, growing, or harvesting Page 94 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA of a controlled substance;
(45) "Production" includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance;
(48) "Second or subsequent offense" means that for the purposes of this chapter an offense is considered as a second or subsequent offense, if, prior to his or her conviction of the offense, the offender has at any time been convicted under this chapter, or under any statute of the United States, or of any state relating to substances classified as controlled substances or counterfeit substances, except that a prior conviction for a nontrafficking offense shall be treated as a prior offense only when the subsequent offense is a nontrafficking offense.
(48) "Second or subsequent offense" means that for the purposes of this chapter an offense is considered as a second or subsequent offense, if, prior to his or her conviction of the offense, the offender has at any time been convicted under this chapter, or under any statute of the United States, or of any state relating to substances classified as controlled substances or counterfeit substances, except that a prior conviction for a nontrafficking CHAPTER 146 43 offense shall be treated as a prior offense only when the subsequent offense is a nontrafficking offense.
(51) "Synthetic cannabinoids or piperazines" means any chemical compound which is not approved by the United States Food and Drug Administration or, if approved, Page 95 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA which is not dispensed or possessed in accordance with state and federal law, that contains Benzylpiperazine (BZP);
(51) "Synthetic cannabinoids or piperazines" 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, that contains Benzylpiperazine (BZP);
1-Butyl-3-(1- naphthoyl)indole;
1-Butyl-3-(1-naphthoyl)indole;
1-Pentyl-3-(1-naphthoyl)indole;
1-Pentyl-3-(1- naphthoyl)indole;
Any compound containing a 3-(1-naphthoyl)indole structure with substitution at the nitrogen atom of the indole 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 indole ring to any extent and whether or not substituted in the naphthyl ring to any extent.
Any compound containing a 3-(1-naphthoyl)indole structure with substitution at the nitrogen atom of the indole 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 indole ring to any extent and whether or not substituted in the naphthyl ring to any extent.
Examples of this structural class include but are not limited to JWH-015, JWH-018, JWH-019, JWH-073, JWH-081, JWH- 122, JWH-200, and AM-2201;
Examples of this structural class include but are not limited to JWH-015, JWH-018, JWH-019, JWH-073, JWH- 081, JWH-122, JWH-200, and AM-2201;
Any compound containing a 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole 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 indole ring to any extent and whether or not substituted in the phenyl ring to any extent.
Any compound containing a 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole 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 indole ring to any extent and whether or not substituted in the phenyl ring to any extent.
Any compound containing a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole 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 indole ring to any extent and whether or not substituted in the phenyl ring to any extent.
Any compound containing a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole 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 indole ring to any extent and whether or not substituted in the phenyl ring to any extent.
Examples of this structural class include but are not limited to AM-630, AM-2233, AM-694, Pravadoline (WIN 48,098), and Page 96 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA RCS-4;
Examples of this structural class include but are not limited to AM-630, AM-2233, AM-694, Pravadoline (WIN 48,098), and RCS-4;
Any compound containing a 2-(3- hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether or not substituted in the cyclohexyl ring to any extent.
Any compound containing a 2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether or not substituted in the cyclohexyl ring to any extent.
Any compound containing a 1H-indol-3-yl-(1- naphthyl)methane structure with substitution at the nitrogen atom of the indole 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 indole ring to any extent and whether or not substituted in the naphthyl ring to any extent.
Any compound containing a 1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the indole 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 indole ring to any extent and whether or not substituted in the naphthyl ring to any extent.
Any compound containing a 3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the pyrrole 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 pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent.
Any compound containing a 3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the pyrrole 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 pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent.
Examples of this structural class include but are not limited to JWH-030, JWH-145, JWH-146, JWH-307, and JWH-368;
Examples of this structural class include but are not limited to JWH-030, JWH-145, JWH-146, JWH- 307, and JWH-368;
Any compound containing a 1-(1- 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 Page 97 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA substituted in the naphthyl ring to any extent.
Any compound containing a 1-(1-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.
(h) Tetramethylcyclopropanoylindoles:
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (h) Tetramethylcyclopropanoylindoles:
Any compound containing a 3-(1- tetramethylcyclopropoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 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 further substituted in the tetramethylcyclopropyl ring to any extent.
Any compound containing a 3-(1-tetramethylcyclopropoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 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 further substituted in the tetramethylcyclopropyl ring to any extent.
Any compound containing a 3-(1-adamantoyl)indole structure with substitution at the nitrogen atom of the indole 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 indole ring to any extent and whether or not substituted in the adamantyl ring system to any extent.
Any compound containing a 3-(1-adamantoyl)indole structure with substitution at the nitrogen atom of the indole 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 indole ring to any extent and whether or not substituted in the adamantyl ring system 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 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:
(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 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 98 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA (a) By substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring system by one (1) or more other univalent substituents.
(a) By substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring system by one (1) or more other univalent substituents.
Examples of this class include but are not limited to 2-methylamino-1-phenylbutan-1- one (buphedrone);
Examples of this class include but are not limited to 2-methylamino-1-phenylbutan-1-one (buphedrone);
(56) "Traffic," except as provided in KRS 218A.1431, means to manufacture, distribute, Page 99 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA dispense, sell, transfer, or possess with intent to manufacture, distribute, dispense, or sell a controlled substance;
(56) "Traffic," except as provided in KRS 218A.1431, means to manufacture, distribute, dispense, sell, transfer, or possess with intent to manufacture, distribute, dispense, or sell a controlled substance;
(a) For a first offense a Class A misdemeanor.
CHAPTER 146 45 (a) For a first offense a Class A misdemeanor.
Page 100 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA (6) This section does not apply to:
(6) This section does not apply to:
(3) Unless authorized by Sections 1 to 30 of this Act, marijuana cultivation of fewer Page 101 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA than five (5) plants is:
(3) Unless authorized by Sections 1 to 30 of this Act, marijuana cultivation of fewer than five (5) plants is:
Section 38.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY Section 38.
(k) "Use of medicinal cannabis" has the same meaning as in Section 1 of this Page 102 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA Act;
(k) "Use of medicinal cannabis" has the same meaning as in Section 1 of this Act;
1.[(a)] A drug administered directly to a patient in a hospital, a resident of a health care facility licensed under KRS Chapter 216B, a resident of a child-caring facility as defined by KRS 199.011, or an individual in a Page 103 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA jail, correctional facility, or juvenile detention facility;
1.[(a)] A drug administered directly to a patient in a hospital, a resident of a health care facility licensed under KRS Chapter 216B, a resident of a child-caring facility as defined by KRS 199.011, or an individual in a jail, correctional facility, or juvenile detention facility;
2.[(b)] A Schedule III through Schedule V controlled substance dispensed by a facility licensed by the cabinet provided that the quantity dispensed is limited to an amount adequate to treat the patient for a maximum of forty-eight (48) hours and is not dispensed by the emergency department of a hospital;
2.[(b)]A Schedule III through Schedule V controlled substance dispensed by a facility licensed by the cabinet provided that the quantity dispensed is limited to an amount adequate to treat the patient for a maximum of forty-eight (48) hours and is not dispensed by the emergency department of a hospital;
or 3.[(c)] A drug administered or dispensed to a research subject enrolled in a research protocol approved by an institutional review board that has an active federalwide assurance number from the United States Department of Health and Human Services, Office for Human Research Protections, where the research involves single, double, or triple blind drug administration or is additionally covered by a certificate of confidentiality from the National Institutes of Health;[.] (c)[(4)] In addition to the data required by paragraph (d) of this subsection [(5) of this section], a Kentucky-licensed acute care hospital or critical access hospital shall report to the cabinet all positive toxicology screens that were performed by the hospital's emergency department to evaluate the patient's suspected drug overdose;[.] (d)[(5)] Data for each controlled substance that is reported shall include but not be limited to the following:
or 3.[(c)] A drug administered or dispensed to a research subject enrolled in a research protocol approved by an institutional review board that has an active federalwide assurance number from the United States Department of Health and Human Services, Office for Human Research Protections, where the research involves single, double, or triple blind drug administration or is additionally covered by a certificate of confidentiality from the National Institutes of Health;[.] (c)[(4)] In addition to the data required by paragraph (d) of this subsection [(5) of this section], a Kentucky-licensed acute care hospital or critical access hospital shall report to the cabinet all positive CHAPTER 146 47 toxicology screens that were performed by the hospital's emergency department to evaluate the patient's suspected drug overdose;[.] (d)[(5)] Data for each controlled substance that is reported shall include but not be limited to the following:
2.[(b)] National drug code of the drug dispensed;
2.[(b)]National drug code of the drug dispensed;
4.[(d)] Quantity dispensed;
4.[(d)]Quantity dispensed;
and 6.[(f)] Dispenser;[.] (e)[(6)] The data shall be provided in the electronic format specified by the Page 104 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA cabinet[ for Health and Family Services] unless a waiver has been granted by the cabinet to an individual dispenser.
and 6.[(f)] Dispenser;[.] (e)[(6)] The data shall be provided in the electronic format specified by the cabinet[ for Health and Family Services] unless a waiver has been granted by the cabinet to an individual dispenser.
2.[(b)] Employees of the Office of the Inspector General of the cabinet[ for Health and Family Services] who have successfully completed training for the electronic system and who have been approved to use the system, federal prosecutors, Kentucky Commonwealth's attorneys and assistant Commonwealth's attorneys, county attorneys and assistant county attorneys, a peace officer certified pursuant to KRS 15.380 to 15.404, a certified or full-time peace officer of another state, or a federal agent whose duty is to enforce the laws of this Commonwealth, of another state, or of the United States relating to drugs and who is Page 105 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA engaged in a bona fide specific investigation involving a designated person;
2.[(b)]Employees of the Office of the Inspector General of the cabinet[ for Health and Family Services] who have successfully completed training for the electronic system and who have been approved to use the system, federal prosecutors, Kentucky Commonwealth's attorneys and assistant Commonwealth's attorneys, county attorneys and assistant county attorneys, a peace officer certified pursuant to KRS 15.380 to 15.404, a certified or full-time peace officer of another state, or a federal agent whose duty is to enforce the laws of this Commonwealth, of another state, or of the United States relating to drugs and who is engaged in a bona fide specific investigation involving a designated person;
4.[(d)] A properly convened grand jury pursuant to a subpoena properly issued for the records;
4.[(d)]A properly convened grand jury pursuant to a subpoena properly issued for the records;
6.[(f)] The chief medical officer of a hospital or long-term-care facility, an employee of the hospital or long-term-care facility as designated by the chief medical officer and who is working under his or her specific direction, or a physician designee if the hospital or facility has no chief medical officer, if the officer, employee, or designee certifies that the requested information is for the purpose of providing medical or pharmaceutical treatment to a bona fide current or prospective patient or Page 106 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA resident in the hospital or facility;
6.[(f)] The chief medical officer of a hospital or long-term-care facility, an employee of the hospital or long-term-care facility as designated by the chief medical officer and who is working under his or her specific direction, or a physician designee if the hospital or facility has no chief medical Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY officer, if the officer, employee, or designee certifies that the requested information is for the purpose of providing medical or pharmaceutical treatment to a bona fide current or prospective patient or resident in the hospital or facility;
7.[(g)] In addition to the purposes authorized under subparagraph 1.
7.[(g)]In addition to the purposes authorized under subparagraph 1.
8.[(h)] In addition to the purposes authorized under subparagraph 1.
8.[(h)]In addition to the purposes authorized under subparagraph 1.
In a designated geographic area for which a trend report indicates Page 107 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA a substantial likelihood that inappropriate prescribing or dispensing may be occurring;
In a designated geographic area for which a trend report indicates a substantial likelihood that inappropriate prescribing or dispensing may be occurring;
9.[(i)] A judge or a probation or parole officer administering a diversion or probation program of a criminal defendant arising out of a violation of this chapter or of a criminal defendant who is documented by the court as a substance abuser who is eligible to participate in a court- ordered drug diversion or probation program;
9.[(i)] A judge or a probation or parole officer administering a diversion or probation program of a criminal defendant arising out of a violation of this chapter or of a criminal defendant who is documented by the court as a substance abuser who is eligible to participate in a court-ordered drug diversion or probation program;
or 2.[(b)] Indicative of improper, inappropriate, or illegal prescribing or dispensing practices by a practitioner or drug seeking by a Medicaid recipient;[.] (h)[(9)] A person who receives data or any report of the system from the cabinet shall not provide it to any other person or entity except as provided in this subsection[section], in another statute, or by order of a court of competent jurisdiction and only to a person or entity authorized to receive the data or the report under this section, except that:
or 2.[(b)]Indicative of improper, inappropriate, or illegal prescribing or dispensing practices by a practitioner or drug seeking by a Medicaid recipient;[.] (h)[(9)] A person who receives data or any report of the system from the cabinet shall not provide it to any other person or entity except as provided in this subsection[section], in another statute, or by order of a court of competent jurisdiction and only to a person or entity authorized to receive the data or the report under this section, except that:
Page 108 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA 1.[(a)] A person specified in paragraph (f)2.
1.[(a)] A person specified in paragraph (f)2.
2.[(b)] A representative of the Department for Medicaid Services may share data or reports regarding overutilization by Medicaid recipients with a board designated in paragraph (f)1.
CHAPTER 146 49 2.[(b)]A representative of the Department for Medicaid Services may share data or reports regarding overutilization by Medicaid recipients with a board designated in paragraph (f)1.
4.[(d)] If a state licensing board as defined in KRS 218A.205 initiates formal disciplinary proceedings against a licensee, and data obtained by the board is relevant to the charges, the board may provide the data to the licensee and his or her counsel, as part of the notice process required by KRS 13B.050, and admit the data as evidence in an administrative hearing conducted pursuant to KRS Chapter 13B, with the board and licensee taking all necessary steps to prevent further disclosure of the Page 109 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA data;
4.[(d)]If a state licensing board as defined in KRS 218A.205 initiates formal disciplinary proceedings against a licensee, and data obtained by the board is relevant to the charges, the board may provide the data to the licensee and his or her counsel, as part of the notice process required by KRS 13B.050, and admit the data as evidence in an administrative hearing conducted pursuant to KRS Chapter 13B, with the board and licensee taking all necessary steps to prevent further disclosure of the data;
Page 110 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA (4) For the purpose of monitoring the cultivation, processing, production, recommending, and dispensing of medical cannabis:
(4) For the purpose of monitoring the cultivation, processing, production, recommending, and dispensing of medical cannabis:
Page 111 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA 5.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 5.
Employees of the Office of the Inspector General of the cabinet who have successfully completed training for the electronic system and who have been approved to use the system, Kentucky Commonwealth's attorneys and assistant Commonwealth's attorneys, and county attorneys and assistant county attorneys who are engaged in a bona Page 112 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA fide specific investigation involving a designated person;
Employees of the Office of the Inspector General of the cabinet who have successfully completed training for the electronic system and who have been approved to use the system, Kentucky Commonwealth's attorneys and assistant Commonwealth's attorneys, and county attorneys and assistant county attorneys who are engaged in a bona fide specific investigation involving a designated person;
Page 113 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA c.
c.
b.
CHAPTER 146 51 b.
A judge or a probation or parole officer administering a diversion or probation program of a criminal defendant arising out of a violation Page 114 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA of this chapter or of a criminal defendant who is documented by the court as a substance abuser who is eligible to participate in a court- ordered drug diversion or probation program;
A judge or a probation or parole officer administering a diversion or probation program of a criminal defendant arising out of a violation of this chapter or of a criminal defendant who is documented by the court as a substance abuser who is eligible to participate in a court-ordered drug diversion or probation program;
Both the person providing and the person receiving the data or report under this subparagraph shall document in writing each person to whom the data or report has been given or received and the day, month, and year that the data or Page 115 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA report has been given or received.
Both the person providing and the person receiving the data or report under this subparagraph shall document in writing each person to whom the data or report has been given or received and the day, month, and year that the data or report has been given or received.
(6)[(13)] Intentional disclosure of transmitted data to a person not authorized by subsection (3)(f) to (h) or subsection (4)(c) and (d)[subsections (7) to (9)] of this section or authorized by KRS 315.121, or obtaining information under this section Page 116 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA not relating to a bona fide current or prospective patient or a bona fide specific investigation, shall be a Class B misdemeanor for the first offense and a Class A misdemeanor for each subsequent offense.
(6)[(13)] Intentional disclosure of transmitted data to a person not authorized by subsection (3)(f) to (h) or subsection (4)(c) and (d)[subsections (7) to (9)] of this section or authorized by KRS 315.121, or obtaining information under this section not relating to a bona fide current or prospective patient or a bona fide specific Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY investigation, shall be a Class B misdemeanor for the first offense and a Class A misdemeanor for each subsequent offense.
(e) The cabinet shall develop a training program for cannabis business agents Page 117 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA about the purposes and uses of the electronic system for monitoring established in this section.
(e) The cabinet shall develop a training program for cannabis business agents about the purposes and uses of the electronic system for monitoring established in this section.
On or after July 1, 2018, such data shall be Page 118 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA forwarded by the Administrative Office of the Courts to the cabinet on a continuing basis.
On or after July 1, 2018, such data shall be forwarded by the Administrative Office of the Courts to the cabinet on a continuing basis.
(1) "Drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter.
CHAPTER 146 53 (1) "Drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter.
Page 119 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA (c) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;
(c) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;
roach clips which mean objects used to hold burning Page 120 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA material, such as marijuana cigarettes, that have become too small or too short to be held in the hand;
roach clips which mean objects used to hold burning material, such as marijuana cigarettes, that have become too small or too short to be held in the hand;
(5) (a) This section shall not prohibit a local health department from operating a substance abuse treatment outreach program which allows participants to exchange hypodermic needles and syringes.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (5) (a) This section shall not prohibit a local health department from operating a substance abuse treatment outreach program which allows participants to exchange hypodermic needles and syringes.
Page 121 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA 1.
1.
Page 122 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA (1) "Commissioner" means the Commissioner of the Kentucky Department of Agriculture;
(1) "Commissioner" means the Commissioner of the Kentucky Department of Agriculture;
"Marketing" includes efforts to advertise and gather information about the needs or preferences of potential Page 123 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA UNOFFICIAL COPY 23 RS SB 47/GA consumers or suppliers;
"Marketing" includes efforts to advertise and gather information about the needs or preferences of potential consumers or suppliers;
(9) "Processing" means converting an agricultural commodity into a marketable form;
CHAPTER 146 55 (9) "Processing" means converting an agricultural commodity into a marketable form;
Page 124 of 124 SB004710.100 - 1003 - XXXX 3/16/2023 7:44 PM GA
Signed by Governor March 31, 2023.
Legislative Research Commission PDF Version
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Action History

  1. signed by Governor (Acts Ch. 146)

  2. delivered to Governor

  3. enrolled, signed by Speaker of the House

  4. enrolled, signed by President of the Senate

  5. received in Senate

  6. 3rd reading, passed 66-33

  7. placed in the Orders of the Day

  8. taken from Rules

  9. floor amendment (1) filed

  10. reported favorably, to Rules

  11. to Licensing, Occupations, & Administrative Regulations (H)

  12. 2nd reading

  13. taken from Committee on Committees (H)

  14. returned to Committee on Committees (H)

  15. 1st reading

  16. taken from Committee on Committees (H)

  17. to Committee on Committees (H)

  18. received in House

  19. 3rd reading, passed 26 -11 with Committee Substitute (1) and Floor Amendment (1)

  20. posted for passage in the Regular Orders of the Day for Thursday, March 16, 2023

  21. 2nd reading, to Rules

  22. floor amendment (1) filed to Committee Substitute

  23. reported favorably, 1st reading, to Calendar with Committee Substitute (1)

  24. to Licensing & Occupations (S)

  25. to Committee on Committees (S)

  26. introduced in Senate

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 0 co-sponsors · 138 not signed on · 51 voted No

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (138)

138 members have not signed on to this bill.

Show all 138 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Suspend the Rules

Failed 39 Yea · 15 Nay · 48 Other
Party YeaNayPresentNot Voting
Unaffiliated 32017
Republican 3412020
Democrat 21011
Total 3915048
% of votes cast 38%15%0%47%
How each member voted (102)
Member Party Vote
Wilson — Not Voting
Smith — Yea
Bentley — Yea
Thomas — Yea
Nemes — Nay
Palumbo — Nay
Pratt — Not Voting
Raymond — Not Voting
Swann — Not Voting
Bratcher S. — Not Voting
Graham — Not Voting
Timoney — Not Voting
Heath — Not Voting
Webber — Not Voting
Meredith — Not Voting
Williams — Not Voting
Justice — Not Voting
Dixon — Not Voting
Commonwealth of Kentucky — Not Voting
House of Representatives — Not Voting
Bratcher K. — Not Voting
Stevenson C — Not Voting
Al Gentry Democrat Nay
Ashley Tackett Laferty Democrat Yea
Beverly Chester-Burton Democrat Yea
Chad Aull Democrat Not Voting
Daniel Grossberg Democrat Not Voting
George Brown Jr. Democrat Not Voting
Keturah J. Herron Democrat Not Voting
Lindsey Burke Democrat Not Voting
Lisa Willner Democrat Not Voting
Nima Kulkarni Democrat Not Voting
Pamela Stevenson Democrat Not Voting
Rachel Roarx Democrat Not Voting
Sarah Stalker Democrat Not Voting
Tina Bojanowski Democrat Not Voting
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Amy Neighbors Republican Not Voting
Bill Wesley Republican Yea
Bobby McCool Republican Not Voting
Candy Massaroni Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Not Voting
Daniel Elliott Republican Not Voting
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Not Voting
David W. Osborne Republican Nay
Deanna Gordon Republican Yea
Derek Lewis Republican Not Voting
Emily Callaway Republican Not Voting
Felicia Rabourn Republican Nay
James Tipton Republican Not Voting
Jared Bauman Republican Nay
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Not Voting
John Blanton Republican Yea
John Hodgson Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kevin Jackson Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Marianne Proctor Republican Yea
Mark Hart Republican Nay
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Not Voting
Michael Sarge Pollock Republican Yea
Mike Clines Republican Nay
Myron Dossett Republican Nay
Nancy Tate Republican Yea
Patrick Flannery Republican Nay
Randy Bridges Republican Not Voting
Rebecca Raymer Republican Not Voting
Richard White Republican Nay
Robert Duvall Republican Not Voting
Ryan Dotson Republican Yea
Samara Heavrin Republican Nay
Savannah Maddox Republican Not Voting
Scott Lewis Republican Yea
Scott Sharp Republican Not Voting
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Stephanie Dietz Republican Not Voting
Steve Rawlings Republican Yea
Steve Riley Republican Not Voting
Steven Doan Republican Yea
Steven Rudy Republican Not Voting
Susan Witten Republican Nay
Suzanne Miles Republican Not Voting
T.J. Roberts Republican Not Voting
Thomas Huff Republican Nay
Timmy Truett Republican Yea
William Lawrence Republican Nay

Official roll call →

Final Passage

Passed 66 Yea · 33 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 13100
Republican 372900
Unaffiliated 16301
Total 663301
% of votes cast 66%33%0%1%
How each member voted (100)
Member Party Vote
Meredith — Yea
Smith — Yea
Nemes — Yea
Justice — Yea
Palumbo — Yea
Bratcher S. — Yea
Swann — Yea
Pratt — Yea
Timoney — Yea
Graham — Yea
Webber — Yea
Raymond — Yea
Williams — Yea
Dixon — Yea
Bentley — Nay
Thomas — Nay
Heath — Nay
Wilson — Not Voting
Bratcher K. — Yea
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Nay
Beverly Chester-Burton Democrat Yea
Chad Aull Democrat Yea
Daniel Grossberg Democrat Yea
George Brown Jr. Democrat Yea
Keturah J. Herron Democrat Yea
Lindsey Burke Democrat Yea
Lisa Willner Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Rachel Roarx Democrat Yea
Sarah Stalker Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Nay
Adam Bowling Republican Yea
Amy Neighbors Republican Yea
Bill Wesley Republican Nay
Bobby McCool Republican Yea
Candy Massaroni Republican Nay
Chris Freeland Republican Yea
Chris Fugate Republican Nay
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Nay
David Hale Republican Nay
David Meade Republican Nay
David W. Osborne Republican Yea
Deanna Gordon Republican Nay
Derek Lewis Republican Yea
Emily Callaway Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jared Bauman Republican Yea
Jason Petrie Republican Nay
Jennifer Decker Republican Nay
Jim Gooch Jr. Republican Yea
John Blanton Republican Nay
John Hodgson Republican Yea
Josh Branscum Republican Nay
Josh Bray Republican Nay
Josh Calloway Republican Nay
Ken Fleming Republican Yea
Ken Upchurch Republican Nay
Kevin Jackson Republican Yea
Kim Banta Republican Yea
Kim King Republican Nay
Kimberly Poore Moser Republican Nay
Marianne Proctor Republican Nay
Mark Hart Republican Yea
Mary Beth Imes Republican Nay
Matt Lockett Republican Nay
Matthew Koch Republican Yea
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Nay
Patrick Flannery Republican Yea
Randy Bridges Republican Nay
Rebecca Raymer Republican Yea
Richard White Republican Nay
Robert Duvall Republican Yea
Ryan Dotson Republican Nay
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Nay
Shawn McPherson Republican Nay
Stephanie Dietz Republican Yea
Steve Rawlings Republican Nay
Steve Riley Republican Yea
Steven Doan Republican Yea
Steven Rudy Republican Nay
Susan Witten Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
Timmy Truett Republican Nay
William Lawrence Republican Yea

Official roll call →

PASS SB 47 W/ scs1 sfa1

Passed 26 Yea · 11 Nay
Party YeaNayPresentNot Voting
Democrat 2000
Republican 12900
Unaffiliated 12200
Total 261100
% of votes cast 70%30%0%0%
How each member voted (37)
Member Party Vote
Southworth — Yea
ChambersArmstrong — Yea
Meredith — Yea
Thayer — Yea
Westerfield — Yea
Thomas — Yea
Nemes — Yea
Williams — Yea
Turner — Yea
Yates — Yea
Smith — Yea
Wilson — Nay
Schickel — Nay
Harper Angel — Yea
Gerald A. Neal Democrat Yea
Karen Berg Democrat Yea
Amanda Mays Bledsoe Republican Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Nay
Danny Carroll Republican Nay
David P. Givens Republican Nay
Donald Douglas Republican Nay
Gary Boswell Republican Nay
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Lindsey Tichenor Republican Yea
Matthew Deneen Republican Yea
Max Wise Republican Nay
Phillip Wheeler Republican Yea
Rick Girdler Republican Nay
Robby Mills Republican Nay
Robert Stivers Republican Nay
Robin L. Webb Republican Yea
Shelley Funke Frommeyer Republican Yea
Stephen West Republican Yea

Official roll call →

Subjects

public-safety healthcare labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 47 do?
Create new sections of KRS Chapter 218A to define terms and establish a medicinal cannabis program; amend KRS 342.815 to establish that the Employer’s 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 216B.402 to require hospital emergency departments to report cases of cannabinoid hyperemesis syndrome to the Department of Alcoholic Beverage and Cannabis Control; amend KRS 218A.010, 218A.1421, 218A.1422, 218A.1423, and 218A.500 to conform; amend KRS 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, and 438.340 to change the name of the Department of Alcoholic Beverage Control to the Department of Alcoholic Beverage and Cannabis Control; some sections EFFECTIVE July 1, 2024.
What is the current status of SB 47?
This bill has been enacted into law. Introduced January 05, 2023. Enacted.
Where can I track SB 47?
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