21RS HB 136

House Bill 136

Actions

Last Action	01/06/21: to Committee on Committees (H)
Title	AN ACT relating to medicinal cannabis and making an appropriation therefor.
Bill Documents	Introduced
Fiscal Impact Statements	Corrections Impact Local Mandate
Bill Request Number	49
Sponsors	J. Nemes, A. Gentry, W. Lawrence, T. Bojanowski, M. Cantrell, D. Elliott, K. Flood, R. Goforth, J. Gooch Jr., D. Graham, A. Hatton, S. Heavrin, T. Huff, J. Jenkins, N. Kirk-McCormick, M. Koch, N. Kulkarni, D. Lewis, C. Miller, J. Miller, P. Minter, D. Osborne, R. Palumbo, P. Pratt, J. Raymond, C. Stevenson, K. Timoney, S. Westrom, L. Willner
Summary of Original Version	Create various new sections of KRS Chapter 218A to define terms; exempt the medicinal cannabis program from existing provisions in Kentucky law to the contrary; require the Department of Alcoholic Beverage and Cannabis Control implement and regulate the medicinal cannabis program; establish the Division of Medicinal Cannabis and the Board of Physicians and Advisors within the Department of Alcoholic Beverage and Cannabis Control ; establish restrictions on the possession and use of medicinal cannabis by cardholders; establish certain protections for cardholders; establish professional protections for practitioners, attorneys, and other professionals; provide for the authorizing of practitioners by state licensing boards to issue written certifications for the use medicinal cannabis; prohibit the consumption of medicinal cannabis by smoking; permit an employer to restrict the possession and use of medicinal cannabis by an employee; require the department to implement and operate a registry identification card program; establish requirements for registry identification cards; establish registry identification card fees; require the department to operate a provisional licensure receipt system for cardholders; establish the requirements for a registry identification card and the application process; establish notification requirements for cardholders; establish when a registry identification card may be revoked; establish various cannabis business licensure categories; establish requirements for a cannabis business licensure and the application process for a license; prohibit a practitioner from being a board member or principal officer of a cannabis business; prohibit cross-ownership of certain classes of cannabis businesses; 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; establish limits on the THC potency of medicinal cannabis that can be produced or sold in the state; establish cultivation square footage limits for cannabis businesses that are permitted to cultivate; establish procedures for the department to inspect cannabis businesses; establish procedures for the suspension or revocation of a cannabis business license; exempt certain records and information from the disclosure under the Kentucky Open Records Act; require the department to develop, maintain, and operate electronic systems for monitoring the medicinal cannabis program; require the department to promulgate administrative regulations necessary to implement the medicinal cannabis program; establish that nothing in the bill requires government programs or private insurers to reimburse for the cost of use; establish the medicinal cannabis trust fund; establish the local medicinal cannabis trust fund; establish procedures for the distribution of local cannabis trust fund moneys; create a new section of KRS Chapter 138 to establish an excise tax on certain transfers of medicinal cannabis; amend KRS 216B.402 to require hospital emergency departments to report cases of cannabinoid hyperemesis syndrome to the Department of Alcoholic Beverage and Cannabis Control; 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 medical cannabis from the state sales tax; amend KRS 218A.010, 218A.1421, 218A.1422, 218A.1423, and 218A.500 to conform; amend KRS 12.020, 12.252, 15.300, 15.380, 15.398, 15.420, 15A.340, 61.592, 62.120, 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, 438.320438.325, 438.330, 438.337, and 438.340 to change the name of the Department of Alcoholic Beverage Control to the Department of Alcoholic Beverage and Cannabis Control; some sections EFFECTIVE July 1, 2022; APPROPRIATION.
Index Headings of Original Version	Corrections Impact - Medicinal cannabis program, establishment Local Mandate - Medicinal cannabis program, establishment Disabilities and the Disabled - Medicinal cannabis program, establishment Diseases - Medicinal cannabis program, establishment Drugs and Medicines - Medicinal cannabis program, establishment Effective Dates, Delayed - Medicinal cannabis program, portions to begin January 1, 2022 Federal Laws and Regulations - Medicinal cannabis program, establishment Health and Medical Services - Medicinal cannabis program, establishment Hospitals and Nursing Homes - Medicinal cannabis program, establishment Licensing - Medicinal cannabis program, establishment Occupations and Professions - Medicinal cannabis program, establishment Physicians and Practitioners - Medicinal cannabis program, establishment Public Health - Medicinal cannabis program, establishment State Agencies - Department of Alcoholic Beverage and Cannabis Control, medicinal cannabis program Substance Abuse - Medicinal cannabis program, establishment Taxation - Medicinal cannabis program, establishment Trade Practices and Retailing - Medicinal cannabis program, establishment Administrative Regulations and Proceedings - Board of Medical Licensure, medicinal cannabis program Administrative Regulations and Proceedings - Board of Nursing, medicinal cannabis program Administrative Regulations and Proceedings - Board of Pharmacy, medicinal cannabis program Administrative Regulations and Proceedings - Department of Alcoholic Beverage and Cannabis Control, medicinal cannabis program Appropriations - Medicinal cannabis program, local medicinal cannabis trust fund Appropriations - Medicinal cannabis program, medicinal cannabis trust fund Cannabis - Medicinal cannabis program, establishment