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 |
01/05/23 |
|
---|---|
03/01/23 |
|
03/14/23 |
|
03/15/23 |
|
03/16/23 |
|
03/29/23 |
|
03/30/23 |
|
03/31/23 |
|
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)