House Bill 136

Actions | Amendments
Last Action 03/12/19: floor amendment (2) filed to Committee Substitute
Title AN ACT relating to medicinal marijuana and making an appropriation therefor.
Bill Documents Introduced
Impact Statements Corrections Impact
Local Mandate
Bill Request Number 58
Sponsors D. St. Onge, J. Nemes, R. Adkins, T. Bojanowski, C. Booker, T. Branham Clark, K. Bratcher, G. Brown Jr, T. Burch, M. Cantrell, J. Donohue, L. Elkins, D. Elliott, K. Flood, C. Freeland, A. Gentry, J. Glenn, R. Goforth, J. Gooch Jr., D. Graham, J. Graviss, C. Harris, M. Hart, A. Hatton, K. Hinkle, C. Howard, J. Jenkins, D. Keene, M. Koch, N. Kulkarni, D. Lewis, S. Maddox, M. Marzian, C. McCoy, R. Meyer, C. Miller, J. Miller, P. Minter, D. Osborne, R. Palumbo, R. Rand, J. Raymond, D. Schamore, A. Scott, S. Sheldon, J. Sims Jr, M. Sorolis, C. Stevenson, S. Westrom, B. Wheatley, R. Wiederstein, L. Willner, L. Yates
Summary of Original Version Create new sections of KRS Chapter 218A to define terms; to exempt the medicinal marijuana program from existing provisions in Kentucky law to the contrary; to require the Department for Alcoholic Beverage and Cannabis Control to implement and regulate the medicinal marijuana program in Kentucky; to establish the Division of Medicinal Marijuana within the Department of Alcoholic Beverage and Cannabis Control; to establish restrictions on the possession of and cultivation for personal use of medicinal marijuana by qualifying patients, visiting patients, and designated caregivers; to establish certain protections for cardholders; to establish professional protections for practitioners; to establish professional protections for attorneys; to prohibit the possession and use of medicinal marijuana on a school bus, on the grounds of any preschool or primary or secondary school, in a correctional facility, any property of the federal government, or while operating a motor vehicle; to prohibit smoking of medicinal marijuana on public transportation, in public places, or in any place of public accommodation; to clarify that the use of medicinal marijuana by a qualifying patient or visiting qualifying patient is to be treated the same as the use of prescribed pharmaceutical medications; to establish additional protections for medicinal use; to clarify that an employer may restrict the possession and use of medicinal marijuana in the workplace; to require the department to implement and operate a registry identification card program; to establish requirements for registry identification cards; to establish registry identification card fees; to require the department to operate a provisional licensure receipt system; to establish the application requirements for a registry identification card; to clarify when the department may deny an application for a registry identification card; to establish certain responsibilities for cardholders; to clarify when a registry identification card may be revoked; to establish various cannabis business licensure categories; to clarify tiering of cannabis business licenses; to require certain information be included in an application for a cannabis business license; to clarify when the department may deny an application for a cannabis business license; to prohibit a practitioner from being a board member or principal officer of a cannabis business; to prohibit cross-ownership of certain classes of cannabis businesses; to establish rules for local sales, including establishing the process by which a local legislative body may prohibit the operation of cannabis businesses within its territory and the process for local ordinances and ballot initiatives; establish technical requirements for cannabis businesses; to require at least 60% of the board of a cannabis business and at least 60% of the owners of a cannabis business be composed of individuals with at least 3 years of continuous Kentucky residency; to establish requirements for cannabis cultivators, including cultivation square footage limits; to establish requirements for cannabis dispensaries; to establish requirements for safety compliance facilities; to establish requirements for cannabis processors; to establish procedures for the department to inspect cannabis businesses; to establish procedures for the suspension or revocation of a cannabis business license; to protect certain records and information from the disclosure under the Kentucky Open Records Act; to require the department to establish a verification system for use by law enforcement personnel and cannabis business agents; to require the department to establish a database to share data with all licensed dispensaries and monitor the amount of medical marijuana purchased by cardholders in real time; to require the department to promulgate administrative regulations necessary to implement the medicinal marijuana program; to establish an alternative method to create a valid registry identification card if the department fails to act; to clarify that nothing in the bill requires government programs or private insurers to reimburse for the cost of use; to establish the medicinal marijuana trust fund; to require that at least 10% of money in the medical marijuana trust fund be returned to dispensaries for use by indigent persons who are qualified patients and enrolled in certain government assistance programs; to require that 3% of money in the medical marijuana trust fund be used to create a grant program to fund medicinal marijuana related research; to require that not more than 85% of money in the medicinal marijuana trust fund be used for operation and enforcement activities; to establish the local medicinal marijuana trust fund; and to establish procedures for the distribution of local cannabis trust fund moneys; create a new section of KRS Chapter 138 to establish an excise tax of 10% for cultivators and processors for selling to dispensaries; to establish an excise tax of 10% for dispensaries selling to cardholders; to require that 80% of the revenue from the excise taxes be deposited into the medicinal marijuana trust fund; to require that 20% of the revenue from the excise taxes be deposited into the local medicinal marijuana trust fund; amend KRS 218A.010, 218A.1421, 218A.1422, and 218A.1423 to conform; amend KRS 12.020 to change the name of the Department of Alcoholic Beverage Control to the Department of Alcoholic Beverage and Cannabis Control and to create the Division of Medicinal Marijuana; and amend KRS 12.252, 15.300, 15.380, 15.398, 15A.340, 15.420, 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 conform; Sections 2, 4 to 14,17,18, 20 to 25, 29, 30, and 34 to 37 EFFECTIVE January 1, 2020; APPROPRIATION.
Index Headings of Original Version Corrections Impact - Medicinal marijuana program, establish
Local Mandate - Medicinal marijuana program, establish
Disabilities and the Disabled - Medicinal marijuana program, establish
Drugs and Medicines - Medicinal marijuana program, establish
Effective Dates, Delayed - Medicinal marijuana program, portions to begin January 1, 2020
Federal Laws and Regulations - Medicinal marijuana program, establish
Health and Medical Services - Medicinal marijuana program, establish
Licensing - Medicinal marijuana program, establish
Occupations and Professions - Medicinal marijuana program, establish
Physicians and Practitioners - Medicinal marijuana program, establish
Public Health - Medicinal marijuana program, establish
Substance Abuse - Medicinal marijuana program, establish
Taxation - Medicinal marijuana program, establish
Trade Practices and Retailing - Medicinal marijuana program, establish
Administrative Regulations and Proceedings - Alcoholic Beverage and Cannabis Control, medicinal marijuana program
Appropriations - Medicinal marijuana program, medicinal marijuana trust fund
Jump to Proposed Amendments House Committee Substitute 1
House Floor Amendment 1
House Floor Amendment 2

Actions

Top | Amendments
01/09/19
  • introduced in House
02/06/19
  • to Judiciary (H)
02/27/19
  • posted in committee
03/07/19
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
  • floor amendment (1) filed to Committee Substitute
03/12/19
  • 2nd reading, to Rules
  • floor amendment (2) filed to Committee Substitute

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Impact Statements Corrections Impact
Local Mandate
Summary Retain original provisions; delete newly established language in KRS 218A related to at home cultivation of medicinal marijuana by cardholders, registry identification cards for cannabis business agents, a memoranda of understanding between the department and local law enforcement; interactions between cardholders and their employers; establish new language in KRS 218A related to qualifying medical conditions; the authorizing of practitioners to issue written certification by state licensing boards; the conditions under which a practitioner may provide written certifications; prohibiting the consumption of medicinal marijuana by smoking; the potency of medicinal marijuana that may be produced or sold in this state; collaboration between the department and the University of Kentucky, College of Medicine; the development and maintenance of various computer based software programs by the department; the rights of employers as they pertain to the use of medicinal marijuana by employees; the rights of parents; a provisional licensure receipt; registry identification card renewals; 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 139.470 to exempt the sale of medicinal marijuana from the state sales tax; and make technical corrections. Effective January 1, 2020. APPROPRIATION.
Index Headings Disabilities and the Disabled - Medicinal marijuana program, establish
Drugs and Medicines - Medicinal marijuana program, establish
Effective Dates, Delayed - Medicinal marijuana program, portions to begin January 1, 2020
Federal Laws and Regulations - Medicinal marijuana program, establish
Health and Medical Services - Medicinal marijuana program, establish
Licensing - Medicinal marijuana program, establish
Occupations and Professions - Medicinal marijuana program, establish
Physicians and Practitioners - Medicinal marijuana program, establish
Public Health - Medicinal marijuana program, establish
Substance Abuse - Medicinal marijuana program, establish
Taxation - Medicinal marijuana program, establish
Trade Practices and Retailing - Medicinal marijuana program, establish
Administrative Regulations and Proceedings - Alcoholic Beverage and Cannabis Control, medicinal marijuana program
Appropriations - Medicinal marijuana program, medicinal marijuana trust fund

Amendment House Floor Amendment 1
Sponsor D. St. Onge
Summary Establish new language requiring the department to develop a Web-based reporting system for written certifications; and require practitioners to record all written certification issued to patients in the Web-based reporting system. Effectivew January 1, 2020. APPROPRIATION.
Index Headings Disabilities and the Disabled - Medicinal marijuana program, establish
Drugs and Medicines - Medicinal marijuana program, establish
Effective Dates, Delayed - Medicinal marijuana program, portions to begin January 1, 2020
Federal Laws and Regulations - Medicinal marijuana program, establish
Health and Medical Services - Medicinal marijuana program, establish
Licensing - Medicinal marijuana program, establish
Occupations and Professions - Medicinal marijuana program, establish
Corrections Impact - Medicinal marijuana program, establish
Local Mandate - Medicinal marijuana program, establish
Physicians and Practitioners - Medicinal marijuana program, establish
Public Health - Medicinal marijuana program, establish
Substance Abuse - Medicinal marijuana program, establish
Taxation - Medicinal marijuana program, establish
Trade Practices and Retailing - Medicinal marijuana program, establish
Administrative Regulations and Proceedings - Alcoholic Beverage and Cannabis Control, medicinal marijuana program
Appropriations - Medicinal marijuana program, medicinal marijuana trust fund

Amendment House Floor Amendment 2
Sponsor D. Bentley
Summary Require state licensing boards to promulgate administrative regulations limiting the qualifying medical conditions for which practitioners may provide written certifications; effective January 1, 2020; APPROPRIATION.
Index Headings Disabilities and the Disabled - Medicinal marijuana program, establish
Drugs and Medicines - Medicinal marijuana program, establish
Effective Dates, Delayed - Medicinal marijuana program, portions to begin January 1, 2020
Federal Laws and Regulations - Medicinal marijuana program, establish
Health and Medical Services - Medicinal marijuana program, establish
Licensing - Medicinal marijuana program, establish
Occupations and Professions - Medicinal marijuana program, establish
Physicians and Practitioners - Medicinal marijuana program, establish
Public Health - Medicinal marijuana program, establish
Substance Abuse - Medicinal marijuana program, establish
Taxation - Medicinal marijuana program, establish
Trade Practices and Retailing - Medicinal marijuana program, establish
Administrative Regulations and Proceedings - Alcoholic Beverage and Cannabis Control, medicinal marijuana program
Appropriations - Medicinal marijuana program, medicinal marijuana trust fund

Last updated: 4/12/2019 8:50 AM (EDT)
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