Last Action | 03/29/22: to Health & Welfare (S) |
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Title | AN ACT relating to medicinal cannabis and making an appropriation therefor. |
Bill Documents |
Current/Final
Introduced |
Fiscal Impact Statements |
Corrections Impact
Fiscal Note Local Mandate Additional Fiscal Impact Statements Exist |
Bill Request Number | 50 |
Sponsors | J. Nemes, A. Gentry, T. Bojanowski, K. Bratcher, G. Brown Jr., T. Burch, M. Cantrell, J. Dixon, J. Donohue, D. Elliott, P. Flannery, K. Fleming, C. Freeland, J. Gooch Jr., D. Graham, M. Hart, A. Hatton, S. Heavrin, T. Huff, J. Jenkins, N. Kirk-McCormick, M. Koch, N. Kulkarni, W. Lawrence, D. Lewis, S. Maddox, C. McCoy, C. Miller, J. Miller, P. Minter, D. Osborne, R. Palumbo, P. Pratt, F. Rabourn, J. Raymond, R. Roberts, T. Smith, C. Stevenson, P. Stevenson, K. Timoney, S. Westrom, B. Wheatley, L. Willner |
Summary of Original Version | Create various new sections of KRS 218A to define terms and establish a medicinal cannabis program; create a new section of KRS Chapter 138 to establish an excise tax on certain transfers of medicinal cannabis; amend KRS 139.470 to exempt the sale of medical cannabis from the state sales tax; amend KRS 138.870 to exempt medicinal cannabis from the excise tax on controlled substances; amend KRS 216B.402 to require hospital emergency departments to report cases of cannabinoid hyperemesis syndrome to the Department for Public Health; amend KRS 218A.010, 218A.1421, 218A.1422, and 218A.1423 to conform; amend KRS 218A.202 to require the Department for Public Health to utilize the electronic system for monitoring controlled substances to monitor medicinal cannabis; amend 218A.500 to conform; 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; some sections EFFECTIVE July 1, 2023; APPROPRIATION. |
Index Headings of Original Version |
Fiscal Note - Medicinal cannabis program, establishment Corrections Impact - Medicinal cammabis 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, 2023 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 for Public Health, 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 for Public Health, medicinal cannabis program Appropriations - Medicinal cannabis program, local medicinal cannabis trust fund Appropriations - Medicinal cannabis program, medicinal cannabis trust fund Reports Mandated - Medical cannabis program report, requirement Cannabis - Medicinal cannabis program, establishment Local Mandate - Medicinal cannabis program, establishment |
Jump to Proposed Amendments |
House Committee Substitute 1 with Fiscal Impact Statements House Floor Amendment 1 House Floor Amendment 2 House Floor Amendment 3 House Floor Amendment 4 House Floor Amendment 5 House Floor Amendment 6 House Floor Amendment 7 House Floor Amendment 8 House Floor Amendment 9 House Floor Amendment 10 |
Votes | Vote History |
01/04/22 |
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01/13/22 |
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03/08/22 |
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03/11/22 |
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03/14/22 |
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03/15/22 |
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03/16/22 |
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03/17/22 |
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03/18/22 |
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03/29/22 |
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Amendment | House Committee Substitute 1 |
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Fiscal Impact Statements |
Corrections Impact to House Committee Substitute 1
Local Mandate to House Committee Substitute 1 |
Summary | Retain original provisions; permit certain physician assistants to apply for authorization to provide written certifications for the use of medicinal cannabis; define "cannabis consultation agreement"; permit state licensing boards to intervene in the event that a physician becomes impaired by the use of medicinal cannabis; permit state licensing boards and the Kentucky Board of Pharmacy to enforce administrative regulations promulgated pursuant to this Act; revise the membership of the Board of Physicians and Advisors; revise language related to fees for authorization to provide written certifications for the use of medicinal cannabis, to provide medicinal cannabis consultation services to cardholders, and to enter into cannabis consultation agreements; EFFECTIVE, IN PART, July 1, 2023; APPROPRIATION. |
Index Headings |
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, 2023 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 for Public Health, 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 for Public Health, medicinal cannabis program Appropriations - Medicinal cannabis program, local medicinal cannabis trust fund Appropriations - Medicinal cannabis program, medicinal cannabis trust fund Reports Mandated - Medical cannabis program report, requirement Cannabis - Medicinal cannabis program, establishment |
Amendment | House Floor Amendment 1 |
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Sponsor | R. Roberts |
Summary | Add post-traumatic stress disorder to the list of qualifying medical conditions. |
Index Headings |
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, 2023 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 for Public Health, 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 Nursing, medicinal cannabis program Administrative Regulations and Proceedings - Board of Pharmacy, medicinal cannabis program Administrative Regulations and Proceedings - Department for Public Health, medicinal cannabis program Reports Mandated - Medical cannabis program report, requirement Cannabis - Medicinal cannabis program, establishment |
Amendment | House Floor Amendment 2 |
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Sponsor | R. Roberts |
Summary | Retain original provisions; add post-traumatic stress disorder to the list of approved medical conditions for which a medicinal cannabis practitioner may provide a written certification for the use of medicinal cannabis; APPROPRIATION. |
Index Headings |
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, 2023 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 for Public Health, 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 for Public Health, medicinal cannabis program Appropriations - Medicinal cannabis program, local medicinal cannabis trust fund Appropriations - Medicinal cannabis program, medicinal cannabis trust fund Reports Mandated - Medical cannabis program report, requirement Cannabis - Medicinal cannabis program, establishment |
Amendment | House Floor Amendment 3 |
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Sponsor | J. Nemes |
Summary | Retain original provisions; make a technical correction. |
Index Headings |
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, 2023 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 for Public Health, 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 for Public Health, medicinal cannabis program Appropriations - Medicinal cannabis program, local medicinal cannabis trust fund Appropriations - Medicinal cannabis program, medicinal cannabis trust fund Reports Mandated - Medical cannabis program report, requirement Cannabis - Medicinal cannabis program, establishment Technical Corrections - HB 136/HCS 1 |
Amendment | House Floor Amendment 4 |
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Sponsor | J. Nemes |
Summary | Retain original provision, except delete provision related to immunity for the Kentucky Board of Pharmacy, its agents, employees, and any pharmacist authorized to provide medicinal cannabis consultation services or to enter into cannabis consultation agreements; make a technical correction. |
Index Headings |
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, 2023 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 for Public Health, 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 for Public Health, medicinal cannabis program Appropriations - Medicinal cannabis program, local medicinal cannabis trust fund Appropriations - Medicinal cannabis program, medicinal cannabis trust fund Reports Mandated - Medical cannabis program report, requirement Cannabis - Medicinal cannabis program, establishment Technical Corrections - HB 136/HCS 1 |
Amendment | House Floor Amendment 5 |
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Sponsor | J. Nemes |
Summary | Retain original provisions; amend immunity provisions related to the Kentucky Board of Pharmacy and pharmacists; replace nausea and vomiting with chronic nausea and cyclical vomiting on the list of approved medical conditions; make technical correction; effective January 1, 2023; APPROPRIATION. |
Index Headings |
Technical Corrections - HB 136/HCS 1 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, 2023 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 for Public Health, 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 for Public Health, medicinal cannabis program Appropriations - Medicinal cannabis program, local medicinal cannabis trust fund Appropriations - Medicinal cannabis program, medicinal cannabis trust fund Reports Mandated - Medical cannabis program report, requirement Cannabis - Medicinal cannabis program, establishment |
Amendment | House Floor Amendment 6 |
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Sponsor | J. Bray |
Summary | Retain original provisions; prohibit the possession, use, selling, dispensing, or acquiring of any vapor product that contains marijuana, effective January 1, 2023; APPROPRIATION. |
Index Headings |
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, 2023 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 for Public Health, 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 for Public Health, medicinal cannabis program Appropriations - Medicinal cannabis program, local medicinal cannabis trust fund Appropriations - Medicinal cannabis program, medicinal cannabis trust fund Reports Mandated - Medical cannabis program report, requirement Cannabis - Medicinal cannabis program, establishment |
Amendment | House Floor Amendment 7 |
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Sponsor | J. Bray |
Summary | Retain original provisions; require changes to the approved list of medical conditions to be approved by the General Assembly; remove nausea and vomiting from the list of approved medical conditions, effective January 1, 2023; PPROPRIATIONS. |
Index Headings |
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, 2023 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 for Public Health, 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 for Public Health, medicinal cannabis program Appropriations - Medicinal cannabis program, local medicinal cannabis trust fund Appropriations - Medicinal cannabis program, medicinal cannabis trust fund Reports Mandated - Medical cannabis program report, requirement Cannabis - Medicinal cannabis program, establishment |
Amendment | House Floor Amendment 8 |
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Sponsor | J. Bray |
Summary | Retain original provisions; except prohibit the possession, use, selling, dispensing, or acquiring of any vapor product that contains marijuana; delete provisions requiring each local board of education and each board of directors of a public charter school to establish policies to permit a pupil to possess and consume medicinal cannabis on school property; require changes to the approved list of medical conditions to be approved by the General Assembly; remove nausea and vomiting from the list of approved medical conditions, effective January 1, 2023: APPROPRIATION. |
Index Headings |
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, 2023 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 for Public Health, 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 for Public Health, medicinal cannabis program Appropriations - Medicinal cannabis program, local medicinal cannabis trust fund Appropriations - Medicinal cannabis program, medicinal cannabis trust fund Reports Mandated - Medical cannabis program report, requirement Cannabis - Medicinal cannabis program, establishment |
Amendment | House Floor Amendment 9 |
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Sponsor | J. Bray |
Summary | Retain original provisions, except delete provisions requiring each local board of education and each board of directors of a public charter school to establish policies to permit a pupil to possess and consume medicinal cannabis on school property, effective January 1, 2023; APPROPRIATION. |
Index Headings |
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, 2023 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 for Public Health, 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 for Public Health, medicinal cannabis program Appropriations - Medicinal cannabis program, local medicinal cannabis trust fund Appropriations - Medicinal cannabis program, medicinal cannabis trust fund Reports Mandated - Medical cannabis program report, requirement Cannabis - Medicinal cannabis program, establishment |
Amendment | House Floor Amendment 10 |
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Sponsor | J. Nemes |
Summary | Retain original provisions; require General Assembly approval of the list of medical conditions for which a medicinal cannabis practitioner may provide a patient with a written certification for the use of medicinal cannabis, effective January 1, 2023; APPROPRIATION. |
Index Headings |
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, 2023 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 for Public Health, 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 for Public Health, medicinal cannabis program Appropriations - Medicinal cannabis program, local medicinal cannabis trust fund Appropriations - Medicinal cannabis program, medicinal cannabis trust fund Reports Mandated - Medical cannabis program report, requirement Cannabis - Medicinal cannabis program, establishment |
Last updated: 2/8/2023 2:57 PM (EST)