Senate Bill 47

Actions | Amendments
Last Action 03/31/23: signed by Governor (Acts Ch. 146)
Title AN ACT relating to medicinal cannabis.
Bill Documents Acts Chapter 146
Current/Final
Introduced
Fiscal Impact Statements Corrections Impact
Local Mandate
Additional Fiscal Impact Statements Exist
Bill Request Number 1003
Sponsors S. West, P. Wheeler, C. Armstrong, K. Berg, S. Funke Frommeyer, D. Harper Angel, J. Higdon, S. Meredith, G. Neal, M. Nemes, B. Smith, R. Thomas, R. Webb, D. Yates
Summary of Original Version Create new sections of KRS Chapter 218A to define terms and establish a medicinal cannabis program; 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 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 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, 62.160, 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 change the name of the Department of Alcoholic Beverage Control to the Department of Alcoholic Beverage and Cannabis Control; some sections EFFECTIVE July 1, 2024.
Index Headings of Original Version 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 July 1, 2024
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
Cannabis - Medicinal cannabis program, establishment
Substance Abuse - 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
Corrections Impact - Medicinal cannabis program, establishment
Jump to Proposed Amendments Senate Committee Substitute 1 with Fiscal Impact Statements
Senate Floor Amendment 1
House Floor Amendment 1
Votes Vote History

Actions

Top | Amendments
01/05/23
  • introduced in Senate
  • to Committee on Committees (S)
03/01/23
  • to Licensing & Occupations (S)
03/14/23
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
  • floor amendment (1) filed to Committee Substitute
03/15/23
  • 2nd reading, to Rules
03/16/23
  • posted for passage in the Regular Orders of the Day for Thursday, March 16, 2023
  • 3rd reading, passed 26 -11 with Committee Substitute (1) and Floor Amendment (1)
  • received in House
  • to Committee on Committees (H)
  • taken from Committee on Committees (H)
  • 1st reading
  • returned to Committee on Committees (H)
03/29/23
  • taken from Committee on Committees (H)
  • 2nd reading
  • to Licensing, Occupations, & Administrative Regulations (H)
03/30/23
  • reported favorably, to Rules
  • floor amendment (1) filed
  • taken from Rules
  • placed in the Orders of the Day
  • 3rd reading, passed 66-33
  • received in Senate
  • enrolled, signed by President of the Senate
  • enrolled, signed by Speaker of the House
  • delivered to Governor
03/31/23
  • signed by Governor (Acts Ch. 146)

Proposed Amendments

Top | Actions
Amendment Senate Committee Substitute 1
Fiscal Impact Statements Corrections Impact to Senate Committee Substitute 1
Local Mandate to Senate Committee Substitute 1
Summary Retain original provisions; delete references and provisions related to the Department for Alcoholic Beverage Control; establish the Cabinet for Health and Family Services as the entity responsible for implementing, administering, and overseeing the medicinal cannabis program; delete provisions related to pharmacists; establish list of qualifying medical conditions; require visiting qualified patients to provide documentation of having been diagnosed with a qualifying medical condition; revise the makeup of the Board of Physicians and Advisors; require Senate confirmation of members of the Board of Physicians and Advisors; establish cause of action for a registered qualified patient who is injured or defrauded by his or her designated caregiver; delete provisions related to landlords and rental agreements; require administrative regulations promulgated by state licensing boards and the Cabinet for Health and Family Services to be promulgated by July 1, 2024 instead of January 1, 2024; establish provisions to require the approval of a designated caregiver who has been appointed as a guardian, limited guardian, conservator, or limited conservator; require a qualified patient under the age of 18 to receive a confirmatory diagnosis from a practitioner other than the medicinal cannabis practitioner who provided the patient with a written certification for the use of medicinal cannabis; permit the Cabinet for Health and Family Services to retain application and licensure fees for administrative purposes; require the Cabinet for Health and Family Services to notify local governments of approved cannabis licenses for cannabis businesses that would be located inside the local governments jurisdiction; delete provisions related to a competitive application process for cannabis business licenses; delete provisions requiring the development of an electronic system for monitoring the medicinal cannabis program; establish provisions to permit the Kentucky Center for Cannabis to approve additional qualifying medical conditions; amend KRS 138.870 to exempt medicinal cannabis from the excise tax on marijuana; amend KRS 139.480 to exempt medicinal cannabis from the state sales tax; amend KRS 218A.202 to permit the use of the electronic monitoring system for controlled substances for monitoring the medicinal cannabis program; some sections EFFECTIVE January 1, 2025.
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, 2025
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 - Cabinet for Health and Family Services, medicinal cannabis program
Cannabis - Medicinal cannabis program, establishment
Substance Abuse - 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 - Cabinet for Health and Family Services, medicinal cannabis program
Corrections Impact - Medicinal cannabis program, establishment
Local Mandate - Medicinal cannabis program, establishment

Amendment Senate Floor Amendment 1
Sponsor S. West
Summary Permit employers to conduct assessments of impairment of an employee who is a cardholder from the use of medicinal cannabis; portions to begin January 1, 2025.
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, 2025
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 - Cabinet for Health and Family Services, medicinal cannabis program
Cannabis - Medicinal cannabis program, establishment
Substance Abuse - 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 - Cabinet for Health and Family Services, medicinal cannabis program

Amendment House Floor Amendment 1
Sponsor S. Baker
Summary Exclude muscle spasms, chronic nausea, post-traumatic stress disorder, and all cancers except for stage 4 cancers from the definition of "qualifying medical condition"; delete provisions permitting the Kentucky Center for Cannabis to approve additional qualifying medical conditions; limit medicinal cannabis purchase and possession limits to an uninterrupted three day supply; prohibit the sale of raw plant material; prohibit the consumption of medicinal cannabis by vaping; prohibit the sale of medicinal cannabis products intended for consumption by vaping; some sections EFFECTIVE January 1, 2025.
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, 2025
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 - Cabinet for Health and Family Services, medicinal cannabis program
Cannabis - Medicinal cannabis program, establishment
Substance Abuse - 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 - Cabinet for Health and Family Services, medicinal cannabis program

Last updated: 11/9/2023 3:03 PM (EST)