SB 272 (BR 1899) - M. McGarvey, R. Thomas

     AN ACT relating to medical marijuana.
     Create new sections of KRS Chapter 218A to define terms; establish a medical marijuana program that allows for a patient to possess 2.5 ounces of marijuana if he or she has a qualifying condition, a physician recommendation, and a card; establish protections for cardholders, physicians, attorneys, and pharmacists; establish requirements for dispensaries and cultivation facilities; require Department for Public Health to administer and enforce provisions relating to patients, qualifying medical conditions, and designated caregivers, including registry identification cards for qualifying patients and designated caregivers; establish a secure database for patient information; establish requirements for designated caregivers and parents; clarify conduct that is not authorized; establish a medical purpose defense for the use of marijuana; establish and require dispensaries and cultivation facilities to be licensed, regulated, and monitored by the Medical Marijuana Commission and the Department of Alcoholic Beverage Control; require that a business demonstrate that 60% of each board can show continuous residency in Kentucky for the previous 7 years; require the Department of Alcoholic Beverage Control to adopt administrative regulations governing oversight requirements, security requirements, personnel requirements, penalties and appeal procedures; establish advertising restrictions; establish a date for the commission to begin accepting applications; require at least 20 but no more than 40 dispensary licenses, and at least 4 but no more than 8 cultivation facility licenses; prohibit an individual from owning an interest in more than 1 cultivation facility and dispensary; prohibit dispensaries from selling products which require the combustion of marijuana; allow dispensaries to grow or possess up to 50 mature marijuana plants; allow a cultivation facility to cultivate and possess usable marijuana in an amount reasonably necessary to met demands; establish a process to determine amount of marijuana reasonably necessary; allow for data sharing between departments and commission; require appointment of a pharmacy consultant by a dispensary and establish duties for pharmacy consultant; establish security requirements for cultivation facilities; require agents of dispensaries and cultivation facilities to register with the Department for Alcoholic Beverage Control require that department to administer and enforce provisions relating to cultivation facility and dispensary agents; establish additional inventory, recordkeeping, and security requirements; state that cultivation facilities may only sell marijuana to dispensaries; prohibit a local entity from prohibiting the operation of a dispensary or cultivation facility unless the prohibition is approved by the voters of the affected territory; allow for the Medical Marijuana Commission to license transporters, distributors, and processors, and establish requirements and responsibilities for these entities, including licensure; establish prohibitions for physicians; create an option for alterative licensure if the departments and commission fail to act to create the medical marijuana program; establish the Medical Marijuana Commission; state that there is no implied repeal of the existing Kentucky laws criminalizing possession of marijuana; state that the only authorized growing of marijuana is at a dispensary or cultivation facility and not by patients or caregivers; state how the retail sale of usable marijuana shall be taxed; amend KRS 218A.1421, 218A.1422, and 218A.1423 to conform; establish a short title.