18RS Senate Bill 118

Senate Bill 118

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Last Action	to Veterans, Military Affairs, & Public Protection (S)
Title	AN ACT relating to medical cannabis.
Bill Documents	Introduced
Impact Statements	Local Mandate
Bill Request Number	1392
Sponsors	S. West, D. Seum, P. Clark, C. Embry Jr., D. Harper Angel, M. McGarvey, G. Neal, R. Thomas
Summary of Original Version	Create new sections of KRS Chapter 218A to define terms; restrict medical cannabis to certain patients with qualifying debilitating conditions; establish requirements for cultivation, production, processing, distribution, and sale in compassion centers; establish requirements for patients, visiting patients, and caregivers; establish professional protections for practitioners; establish certain protections for cardholders; establish responsibilities for cardholders; allow restrictions on possession, possession while operating a motor vehicle, and smoking; specify that use of medical cannabis by a qualifying patient is to be treated the same as use of prescribed pharmaceutical medications; establish additional protections for medical use; specify that nothing in the bill requires government programs or private insurers to reimburse for the costs of use or prohibits an employer from disciplining an employee for workplace impairment; establish a medical purpose defense for some uses of medical cannabis; establish the Department for Medical Cannabis Administration to enforce the program's provisions; establish requirement that local law enforcement be hired or contracted with for local inspections, investigations, and administrative duties; establish a process for the department to increase the list of debilitating medical conditions; require testing and quality regulation of the production, cultivation, processing, and sale of medical cannabis; establish requirements for licenses, facilities security, transportation, training, packaging, labeling, and health and safety; establish rules on advertising, additives, pesticides, and requiring random sample testing and safe processing; require licensure and issuance of cards for all medical cannabis businesses; establish certain licensure and application fees; require the department to issue registry cards to patients submitting the required information; establish procedures for denying an application; establish technical requirements for cards and for cardholders; establish a provisional licensure process; establish cardholder fees and notification requirements; require 60% of the boards of medical cannabis businesses to be composed of individuals with 3 years of continuous Kentucky residence: establish 3 tiers of medical cannabis business regulation by gross receipts; establish requirements for applying producers, cultivators, distributors, and processors; establish requirements for cultivator businesses, including addressing expansion of crops to meet market needs; establish protections and responsibilities for compassion centers, cultivators, and safety compliance facilities; establish procedures for the department to suspend or revoke registration and licensure; establish rules for local sales, including a requirement that a local legislative body take action to approve medical cannabis businesses; establish a process for local ordinances and ballot initiatives; establish requirements for medical cannabis business agents; prohibit location of a medical cannabis business within a certain distance from a school; establish a requirement that compassion centers obtain usable medical cannabis from only certain licensed entities; establish recordkeeping requirements; protect certain records and information from disclosure via the Kentucky Open Records Act; require establishment of a verification system for use by law enforcement personnel and medical cannabis business agents; establish a 19-member oversight committee to advise the department; require an annual report to be sent to the Legislative Research Commission; establish authority for the department to promulgate administrative regulations; establish a method by which any citizen may commence an action in the Franklin Circuit Court to compel the department to perform its duties; establish an alternative method to create a valid registry identification card if the department fails to act; clarify that the department's duties are administrative in nature; establish a medical cannabis trust fund to receive fees, fines, and registration costs and administer and operate the medical cannabis program; require 5% of trust fund moneys to be returned to the compassion centers for the use of certain indigent persons; amend KRS 218A.1421 to allow and exempt conduct allowed by the medical cannabis program; amend KRS 218A.1422 to allow and exempt conduct allowed by the medical cannabis program; amend KRS 218A.1423 to allow and exempt conduct allowed by the medical cannabis program; amend KRS 12.020 and 12.242 to reflect the creation of the Department for Medical Cannabis Administration.
Index Headings of Original Version	Disabilities and the Disabled - Medical cannabis program, establishment Drugs and Medicines - Medical cannabis program, establishment Federal Laws and Regulations - Medical cannabis program, establishment Health and Medical Services - Medical cannabis program, establishment Physicians and Practitioners - Medical cannabis program, establishment Public Health - Medical cannabis program, establishment Substance Abuse - Medical cannabis program, establishment Taxation - Medical cannabis program, establishment Trade Practices and Retailing - Medical cannabis program, establishment Local Mandate - Medical cannabis program, establishment Corrections Impact - Medical cannabis program, establishment

01/30/18	introduced in Senate
02/02/18	to Veterans, Military Affairs, & Public Protection (S)