House Bill 148

Last Action 01/07/20: to Judiciary (H)
Title AN ACT relating to the regulation of cannabis and making an appropriation therefor.
Bill Documents Introduced
Fiscal Impact Statement Fiscal Note
Bill Request Number 272
Sponsors C. Howard, C. Booker, M. Marzian
Summary of Original Version Establish KRS Chapter 245 and create a section to define terms such as "cannabis accessory", "cannabis product", "immature cannabis plant", "indoor cultivator", "mature cannabis plant", and "outdoor cultivator"; create new sections of KRS Chapter 245 to require cannabis to be tracked from seed to consumer; establish license types, application fees, and license fees, and to direct license fees to the permanent pension fund; define sizes for cultivator license types; specify allowed transactions for each license type; set parameters for the home grower permit; require the board to promulgate an administrative regulation for license applications; set license length at one year and allow the board to establish renewal system; limit cannabis retail locations to one for every two thousand three hundred persons per county; require cannabis retail stores to be separate from other store and only carry cannabis, cannabis products, and cannabis accessories; create requirements for child-proof packaging and labeling; establish procedures for license denial and a hearing in accordance with KRS Chapter 13B; establish payments in lieu of suspension for licensees and direct the funds to the permanent pension fund and the agency's revolving trust and agency account; establish minimum age of twenty-one to use or buy cannabis and create status offense for minors under eighteen; ban smoking cannabis in public; and require signs in retail locations regarding minors and the US Surgeon General's statement on cannabis; create new sections of KRS Chapter 138 to define "cannabis", "cannabis administrator", and "cannabis product"; set wholesale tax rates and payment schedules for cannabis cultivator and processor licensees, allow local governments to impose up to a 5% regulatory license fee on cannabis licensees in their territory; establish conditions for tax liability; impose civil penalties for tax violations; create a new section of KRS Chapter 245 to set conditions for the cannabis tax rates effective July 1, 2026 and beyond; amend KRS 2.015 to exempt cannabis from age of majority; amend KRS 42.205 to include licensing and permit fees, payments in lieu of suspension, and moneys from wholesale taxes to go to the permanent pension fund and to be distributed quarterly to KERS nonhazardous and TRS funds; amend KRS 241.020 to include a Division of Cannabis in the Department of Alcoholic Beverage Control; amend KRS 241.030 to add administrator of the Division of Cannabis; amend KRS 241.060 to add supervision of the cultivation, processing, testing, and trafficking of cannabis to the board's duties; amend KRS 241.090 to add cannabis to search provisions; amend KRS 243.025 to direct application fees for cannabis licenses into the agency revolving trust account; amend KRS 218A.1421 to exempt cannabis licenses from trafficking statute; amend KRS 218A.1422 to exempt one ounce of marijuana from possession statute; amend KRS 218A.1423 to permit cannabis cultivator licensees and home grower permits to cultivate under their license or permit; amend KRS 218A.500 to exclude cannabis accessories from drug paraphernalia; create a new section of KRS Chapter 431 to create process for expungement of marijuana misdemeanor charges and to waive fees; amend KRS 431.079 to exclude need for certification of eligibility for expungement; amend KRS 131.1815 to include cannabis licensees in delinquent taxpayer statute; amend KRS 600.020 to include cannabis offenses in the definition of status offense; amend KRS 12.020 to create Division of Cannabis within the Department of Alcoholic Beverage Control.
Index Headings of Original Version Fiscal Note - Marijuana, decriminalization of less than one ounce of
Fiscal Note - Marijuana, decriminalization of less than one ounce of
Courts - Marijuana, decriminalization of less than one ounce of
Courts - Marijuana, expungement of misdemeanor convictions for
Crimes and Punishments - Marijuana, decriminalization of less than one ounce of
Economic Development - Cannabis business, creation of licensing system for
Fees - Cannabis licensees, creation of
Licensing - Cannabis Licensees, creation and regulation of
Local Government - Cannabis licensees, setting regulatory license fee for
Police, City and County - Marijuana, decriminalization of less than one ounce of
Police, State - Marijuana, decriminalization of less than one ounce of
Retirement and Pensions - Kentucky Employees Retirement Systems nonhazardous pension fund, funding for
Retirement and Pensions - Teachers' Retirement System pension fund, funding for
Taxation - Cannabis, set rates for
Retroactive Legislation - Marijuana convictions, expungement petitions for misdemeanor
Administrative Regulations and Proceedings - Cannabis Licensees, agency to promulgate regulations for
Appropriations - Cannabis revenue, KERS nonhazardous and TRS pensions, funding for
Boards and Commissions - Alcoholic Beverage Control Board, adding Cannabis Administrator to
Cannabis - Licenses, creation and regulation of


  • Prefiled by the sponsor(s).
  • introduced in House
  • to Judiciary (H)

Last updated: 10/27/2020 12:10 PM (EDT)
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