Last Action | 02/23/23: to Appropriations & Revenue (H) |
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Title | AN ACT relating to the regulation of cannabis and making an appropriation therefor. |
Bill Documents | Introduced |
Fiscal Impact Statements |
Corrections Impact
Local Mandate |
Bill Request Number | 238 |
Sponsors | R. Roberts, C. Aull, G. Brown Jr., L. Burke, B. Chester-Burton |
Summary of Original Version | Establish KRS Chapter 245, relating to cannabis, to administer its cultivation, processing, transportation, sale, use, taxation, and licensing; define terms; establish the Cannabis Control Board and its membership, procedures, powers, and duties; direct the board to promulgate administrative regulations for the administration and enforcement of the chapter; set up advisory committees appointed by the board; create the Department of Cannabis Control within the Public Protection Cabinet for the oversight of cannabis operations and to provide administrative support for the board; establish various one-year business licenses under the chapter; grant administrative hearings under KRS Chapter 13B to appeal a license denial or revocation; forbid an employer from discriminating against applicants or employees who use cannabis outside of working hours as long as the use does not affect job performance; prohibit a person under the age of 21 from purchasing, possessing, consuming, or using cannabis; establish a revolving account called the "cannabis fund" to collect cannabis licensing fees, fines, excise taxes, and any other funds; form the Social Impact Council as a public agency authorized to distribute moneys from the cannabis fund; set council membership, procedures, powers, and duties; create new sections of KRS Chapter 138 to define terms; impose an excise tax at a rate set by the Cannabis Control Board on the first sale or transfer of harvested cannabis; establish excise tax reporting, collection, and liability; amend KRS 139.472 to exempt medical cannabis and accessories from sales and use taxes; create a new section of KRS Chapter 65 to authorize local governments to levy up to a 5% license fee on the gross receipts of a retailer or microbusiness; allow overlapping local governments to agree to levy a combined license fee, with set fee amounts absent an agreement; amend KRS 2.015 to require a person to be 21 years of age or older to purchase cannabis and its products and accessories; create new sections of KRS 218A and amend KRS 218A.1421, 218A.1422, 218A.1423, and 218A.500 to exempt licensed cannabis activities from criminal marijuana offenses; create a new section of KRS Chapter 431 to allow a person to petition the court to expunge the person's misdemeanor marijuana offenses; amend KRS 431.079 to exclude the expungement petition from the certification of eligibility requirement; amend KRS 131.1815 to notify the Cannabis Control Board if a cannabis licensee is a delinquent taxpayer; amend KRS 600.020 to include cannabis offenses in the list of juvenile status offenses; amend KRS 12.020 to add the governmental entities created in KRS Chapter 245 to the list of executive branch government bodies; set initial terms for members of the Cannabis Control Board and Social Impact Council; apply the excise tax beginning on July 1, 2024, and allow cannabis sales beginning on July 1, 2025; Section 31 of Act RETROACTIVE; APPROPRIATION. |
Index Headings of Original Version |
Corrections Impact - Marijuana-related-offenses, expungement Crimes and Punishments - Marijuana-related offenses, expungement Drugs and Medicines - Cannabis legalization, omnibus bill Licensing - Cannabis production and sale, authorized entities Local Government - Cannabis sales, licensing fees State Agencies - Department of Cannabis Control, Public Protection Cabinet, creation Boards and Commissions - Cannabis Control Board, creation Advisory Boards, Commissions, and Committees - Cannabis Control Board, creation Cannabis - Legalization, omnibus bill Taxation - Cannabis production and sale, state excise tax Trade Practices and Retailing - Cannabis legalization, omnibus bill Retroactive Legislation - Marijuana-related offenses, expungement Appropriations - Cannabis fund, deposits and expenditures Local Mandate - Marijuana-related offenses, expungement |
01/03/23 |
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02/23/23 |
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Last updated: 11/9/2023 3:03 PM (EST)