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Senate Bill 105

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Last Action 01/24/20: to Appropriations & Revenue (S)
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 1284
Sponsor P. Clark
Summary of Original Version Create various new sections of KRS Chapter 245 to define terms; to allow for possession, growth, use, processing, purchasing, transfer, and consumption of cannabis; to establish limits for transfer; to allow for purchasing and manufacture of cannabis accessories; to authorize activities and operation of retail stores, consumption establishments, cultivation facilities, cannabis testing facilities, and product manufacturing facilities; to establish possession limits; to prohibit smoking cannabis in public and to establish a fine for violation; to prohibit operation of motor vehicles while consuming cannabis and to specify that existing intoxication laws are not superseded; to prohibit state or local resources to be used to investigate violations of federal Controlled Substances Act that conflict with this KRS Chapter 245; to specify that an employer is not required to allow consumption, workplace intoxication, possession, or transfer of cannabis; to prohibit individuals under the age of 21 from entering cannabis establishments, purchasing, using, or misrepresenting their age and to provide for exceptions; to establish provisions for palliative or therapeutic use of cannabis by persons under the age of 21; to establish a penalty for underage possession of cannabis; to establish a penalty for underage cultivation of cannabis; to establish provisions for personal cultivation; to establish and direct the Department of Cannabis Control to administer KRS Chapter 245 and promulgate administrative regulations relating to all aspects of cannabis establishments, cannabis manufacturing, and transfer, cultivation, packaging, and health and safety requirements; to establish restrictions on advertising, and restrictions on additives, pesticides, visitor logs, and sample testing; to require promulgation of administrative regulations within 180 days; to establish timeframes for the issuance of licenses; to establish licensure requirements and separate licenses; to establish cannabis business license tiers; to establish a license and renewal fee and license application form; to establish a trust and agency account; to establish a cannabis regulation fund and mandate the direction of certain funds; to establish a civil penalty for violating KRS Chapter 245, including for failing to keep written records and submitting required reports; to require prioritization for Kentucky residents in the licensing of cannabis businesses; to establish the legislative intent that cannabis or cannabis products not in conformity with KRS Chapter 245 are seizable as contraband; to allow for local governments to prohibit the operation of cannabis businesses; to create a new section of KRS Chapter 138 to establish excise taxes; to establish the social equity loan trust and Social Equity Loan Program; to create a new section of KRS Chapter 139 to direct the placement of excise taxes and sales taxes relating to cannabis; to create a new section of KRS Chapter 431 to provide for the expungement of minor cannabis offenses; amend KRS 431.079 to conform; amend KRS 2.015 to make the cultivation, purchase, use, and possession of cannabis a higher age of majority activity; amend KRS 610.010 to make cannabis offenses under KRS Chapter 245 committed by minors under the authority of the juvenile session of the District Court; amend KRS 630.020 to grant a court jurisdiction over cannabis offenses committed by children; amend KRS 630.120 to prohibit commitment of children over a cannabis offense; amend KRS 218A.1421, 218A.1422, 218A.1423 to conform; amend KRS 218A.500 to exclude cannabis accessories from the definition of drug paraphernalia; amend KRS 12.020 and 12.252 to reflect the establishment of the Department of Cannabis Control; to establish a short title; EFFECTIVE January 1, 2021; APPROPRIATION.
Index Headings of Original Version Courts - Minor cannabis offenses, expungement of
Crimes and Punishments - Adult responsible use of cannabis program, establishment of
Drugs and Medicines - Adult responsible use of cannabis program, establishment of
Economic Development - Adult responsible use of cannabis program, establishment of
Effective Dates, Delayed - Adult responsible use of cannabis program, January 1, 2021
Loans and Credit - Social Equity Loan Program, establishment of
Peace Officers and Law Enforcement - Adult responsible use of cannabis program, establishment of
Police, City and County - Minor cannabis offenses, expungement of
Police, State - Minor cannabis offenses, expungement of
Sheriffs - Minor cannabis offenses, expungement of
State Agencies - Department of Cannabis Control, establishment of
Substance Abuse - Adult responsible use of cannabis program, establishment of
Taxation - Cannabis cultivation facility, excise tax, imposition of
Taxation, Sales and Use - Cannabis and cannabis products, deposition of
Trade Practices and Retailing - Adult responsible use of cannabis program, establishment of
Administrative Regulations and Proceedings - Department of Cannabis Control, adult responsible use of cannabis program
Advertising - Restrictions, cannabis, establishment of
Agriculture - Adult responsible use of cannabis program, establishment of
Appropriations - Cannabis regulation fund, creation of
Appropriations - Local cannabis regulation fund, creation of
Appropriations - Social equity loan program trust fund, establishment of
Cities - Adult responsible use of cannabis program, local option, establishment of
Counties - Adult responsible use of cannabis program, local option, establishment of
Short Titles and Popular Names - Adult Responsible Use Act
Cannabis - Adult responsible use of cannabis program, establishment of
Corrections Impact - Minor cannabis offenses, expungement of
Local Mandate - Local cannabis regulation fund, creation of

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01/22/20
  • introduced in Senate
01/24/20
  • to Appropriations & Revenue (S)


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