| Last Action | 04/17/24: signed by Governor (Acts Ch. 195) |
|---|---|
| Title | AN ACT relating to medicinal cannabis and declaring an emergency. |
| Bill Documents |
Acts Chapter 195
Current/Final Introduced |
| Bill Request Number | 2391 |
| Sponsors | J. Nemes, B. Chester-Burton, P. Flannery |
| Summary of Enacted Version | Amends KRS 12.020 and KRS 194A.030 to establish the Office of Medical Cannabis, the Division of Enforcement and Compliance, and the Division of Licensure and Access within the Cabinet for Health and Family Services; amends KRS 218A.202 to make a technical correction; amends KRS 218B.010 to revise definitions of terms related to the medicinal cannabis program; amends KRS 218B.020 to add a pharmacist appointed by the Kentucky Board of Pharmacy to be confirmed by the Senate to the membership of the Board of Physicians and Advisors and to require the board to assist the cabinet in developing a Medicinal Cannabis Advisory Pamphlet; amends KRS 218B.035 to prohibit the use or consumption of marijuana by vaping while on any form of public transportation or in any public place; amends KRS 218B.045 to require each local board of education, each board of directors of a public charter school, and the governing body of each certified nonpublic school to establish policies related to the use of medicinal cannabis by a pupil who is a registered qualified patient on school property by December 1, 2024, and to establish basic standards for school policies related to medicinal cannabis; amends KRS 218B.050 to establish that a medicinal cannabis practitioner shall believe a patient is likely to receive safe and effective therapeutic or palliative relief from the use of medicinal cannabis before providing the patient with a written certification for the use of medicinal cannabis; amends KRS 218B.055 to require that an application for a registry identification card be accompanied by a written certification for the use of medicinal cannabis issued not more than 60 days prior to the date of application; amends KRS 218B.060 to delete provisions related to a provisional registration receipt system; amends KRS 218B.065 to make a technical correction; amends KRS 218B.070 to require a medical cannabis practitioner to make certain notifications to the cabinet; amends KRS 218B.090 to require that the cabinet prioritize the review of cannabis business licensure applications submitted by an individual or entity who is an existing Kentucky hemp business in good standing with the Kentucky Department of Agriculture and to establish that a cannabis business licensed by the cabinet must comply with local government zoning and cannabis business regulations; amends KRS 218B.100 to establish the investigation and inspection powers of the Office of Medical Cannabis; amends KRS 218B.110 to establish requirements for dispensaries to provide cardholders with a copy of the Medicinal Cannabis Advisory Pamphlet and to prohibit licensed dispensaries from opening to the public or dispensing medicinal cannabis to cardholders prior to January 1, 2025; amends KRS 218B.130 to establish when a local government may act to prohibit cannabis business operations, to make technical corrections, to require that a proposal for a petition to allow cannabis business operations inside the territory of a local government that has prohibited cannabis business operations be initiated by a person or group of persons who have been registered to vote in the affected territory for at least 12 months prior to submitting the proposal, to require that a petition be signed by at least 10 percent of registered voters in the affected territory, and to require a local government that acts to prohibit cannabis business operations in its territory to provide notification of the action to the cabinet; amends KRS 218B.140 to delete the requirement that the cabinet collaborate with the Kentucky Board of Medical Licensure, the Kentucky Board of Nursing, and the Kentucky Center for Cannabis to establish a definition of a daily supply, 10-day supply, and 30-day supply of medicinal cannabis and the amount of raw plant material that medicinal cannabis products are equivalent to, and to require that the cabinet develop a Medicinal Cannabis Advisory Pamphlet and an adverse drugs effects reporting system; amends KRS 218B.150 to establish that property and casualty insurance carriers shall not be required to reimburse a person for costs associated with the use of medicinal cannabis; and amends 2023 Ky. Acts ch. 146 (2023 SB 47), sec. 42, to establish a new effective date of July 1, 2024, for KRS 139.480, 218A.1421, 218A.1422, 218A.1423, 218B.015, 218B.030, 218B.090, 218B.095, 218B.100, 218B.105, 218B.110, 218B.115, 218B.120, 218B.125, and 218B.155; EMERGENCY. |
| Summary of Original Version | Amend KRS 218B.010 to revise the definition of "bona fide practitioner-patient relationship"; amend KRS 218B.020 to require the Board of Physicians and Advisors to assist the Cabinet for Health and Family Services in developing a Medicinal Cannabis Advisory Pamphlet; amend KRS 218B.035 to prohibit vaping cannabis products on any form of public transportation, in any public place, or in any place of public accommodation, resort, or amusement; amend KRS 218B.045 to permit private religious schools to refuse to enroll a student who is a cardholder; allow, instead of require, local boards of education and the boards of directors of public charter schools to establish policies related to the use of medicinal cannabis on school property; require such policies, if established, to include a process by which a school nurse or other school administrator may refuse to administer medicinal cannabis to a student who is a cardholder; require the administration of medicinal cannabis on school property to occur out of view of other students; amend KRS 218B.050 prohibit a medicinal cannabis practitioner from providing a written certification for the use of medicinal cannabis to a patient who is taking a prescription drug that contraindicates the use of medicinal cannabis; amend KRS 218B.055 to require that an application for a registry identification card to include a written certification issued not more than 60 days prior to the date of the application; amend KRS 218B.065 to require the Cabinet for Health and Family Services to conduct a criminal background check on each application for a registry identification card solely to determine if the applicant was previously convicted of a disqualifying felony offense; amend KRS 218B.070 to require a medicinal cannabis practitioner to notify the Cabinet for Health and Family Services if he or she has knowledge that a patient has died, ceased to suffer from a qualifying medical condition, or is no longer likely to receive safe and effective therapeutic or palliative benefits from the use of medicinal cannabis; amend KRS 218B.110 to establish a requirement that dispensaries provide cardholders with a copy of the Medicinal Cannabis Advisory Pamphlet; amend KRS 218B.130 to revise the process for initiating a public question related to medicinal cannabis business operations; amend KRS 218B.140 to require the Cabinet for Health and Family Services to establish a medicinal cannabis adverse drug effects reporting system and to produce the Medicinal Cannabis Advisory Pamphlet; amend 2023 Ky. Acts ch. 146 (2023 SB 47), sec. 42, to establish a new effective date of August 1, 2024, for KRS 139.480, 218A.1421, 218A.1422, 218A.1423, 218B.015, 218B.030, 218B.090, 218B.095, 218B.100, 218B.105, 218B.110, 218B.115, 218B.120, 218B.125, and 218B.155; EFFECTIVE, in part, August 1, 2024. |
| Index Headings of Original Version |
Education, Elementary and Secondary - Medicinal cannabis, administration on school property Effective Dates, Delayed - Medicinal cannabis program, portions to begin August 1, 2024 State Agencies - Cabinet for Health and Family Services, adverse drug effect reporting system, requirement State Agencies - Cabinet for Health and Family Services, Medicinal Cannabis Advisory Pamphlet, requirement Administrative Regulations and Proceedings - Cabinet for Health and Family Services, medicinal cannabis Children and Minors - Medicinal cannabis, administration by parent or legal guardian on school property Cannabis - Cannabis business, licensure Cannabis - Medicinal cannabis, administration by parent or legal guardian on school property Cannabis - Registry identification card, requirements |
| Jump to Proposed Amendments |
House Committee Substitute 1 House Floor Amendment 1 Senate Committee Substitute 1 Senate Committee Amendment 1 |
| Votes | Vote History |
| 02/26/24 |
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| 03/06/24 |
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| 03/07/24 |
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| 03/08/24 |
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| 03/11/24 |
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| 03/12/24 |
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| 03/13/24 |
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| 03/22/24 |
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| 03/27/24 |
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| 03/28/24 |
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| 04/12/24 |
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| 04/15/24 |
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| 04/17/24 |
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| Amendment | House Committee Substitute 1 |
|---|---|
| Summary | Retain original provisions; amend KRS 218B.045 to require all local boards of education and the board of directors of all public charter schools to develop policies related to the use of medicinal cannabis on school property; amend KRS 218B.060 to delete provisions related to the issuance of a provisional licensure receipt; amend KRS 218B.090 to require the Cabinet for Health and Family Services to prioritize review of cannabis business license applications submitted by an individual or entity who is an existing Kentucky hemp business in good standing with the Kentucky Department of Agriculture; amend KRS 218B.100 to establish the Cabinet for Health and Family Services' authority and powers related to inspections and investigations of licensed cannabis businesses; and amend KRS 218B.130 to establish the power of a local government to impose reasonable local fees on a cannabis business and to limit the power of a local government to prohibit cannabis business operations within its territory to before the Cabinet for Health and Family Services issues a license for cannabis business operations in the territory; amend KRS 218B.010 to define "cannabis consultation agreement" and "pharmacist;" amend KRS 218B.020 to add one pharmacist appointed by the Kentucky Board of Pharmacy and confirmed by the Senate to the Board of Physicians and Advisors; amend KRS 218B.110 require a registered qualified patient to consult with a pharmacist prior to an initial purchase of medicinal cannabis and at least annually thereafter; require a cannabis dispensary to establish and maintain a cannabis consultation agreement with a pharmacist; amend KRS 218A.202 to require that pharmacist be able to record the completion of cannabis consultations; create a new section of KRS Chapter 218B to establish the process for authorizing a pharmacist to provide cannabis consultations and enter into cannabis consultation agreements. |
| Index Headings |
Education, Elementary and Secondary - Medicinal cannabis, use on school property Local Government - Cannabis businesses, local fees, permit State Agencies - Cabinet for Health and Family Services, cannabis business licensure, application review State Agencies - Cabinet for Health and Family Services, cannabis businesses, powers to inspect, establishment Cannabis - Licensed cannabis businesses, inspection of Cannabis - Local governments, regulations of licensed cannabis businesses Cannabis - Medicinal cannabis, business license applications Cannabis - Medicinal cannabis, registered qualified patient, provisional registration receipt Cannabis - Medicinal cannabis, use on school property |
| Amendment | House Floor Amendment 1 |
|---|---|
| Sponsor | J. Nemes |
| Summary | Establish operational conditions for licensed cannabis businesses; establish authority and power of local governments to regulate cannabis business operations. |
| Index Headings |
Local Government - Cannabis business, local government regulations Cannabis - Cannabis business, local government regulations |
| Amendment | Senate Committee Substitute 1 |
|---|---|
| Summary | Retain original provisions, except delete provisions related to medicinal cannabis pharmacy consultations, cannabis consultation agreements, and the requirement that dispensaries establish and maintain a consultation agreement with a pharmacist; delete provisions permitting certain schools to refuse to enroll cardholders; delete provisions prohibiting a medicinal cannabis practitioner from providing a written certification for the use of medicinal cannabis to a patient currently taking a drug that contraindicates the use of medicinal cannabis; amend KRS 218B.045 to require the governing body of each certified nonpublic school to develop policies related to the use of medicinal cannabis on school property; amend KRS 218B.090 to establish that licensed cannabis businesses shall be subject to and required to comply with any local government action to prohibit cannabis business operations if that action is taken prior to January 1, 2025; amend KRS 218B.110 to prohibit licensed cannabis dispensaries from opening to the public or dispensing medicinal cannabis to cardholders prior to January 1, 2025; amend KRS 218B.140 to delete provisions requiring the Cabinet for Health and Family Services to collaborate with the Kentucky Board of Medical Licensure, the Kentucky Board of Nursing, and the Kentucky Center for Cannabis on the definition of a daily supply, 10-day supply, and 30-day supply of medicinal cannabis; amend KRS 218B.150 to establish that property and casualty insurance carriers shall not be required to reimburse a person for costs associated with the use of medicinal cannabis; amend KRS 218A.202 to make a technical correction; amend KRS 12.020 and 194A.030 to establish the Office of Medicinal Cannabis, the Division of Enforcement and Compliance, and the Division of Licensure and Access in the Cabinet for Health and Family Services; EFFECTIVE, in part, July 1, 2024; EMERGENCY. |
| Index Headings |
Education, Elementary and Secondary - Certified nonpublic schools, policies on the use of medicinal cannabis, requirement Effective Dates, Delayed - Medicinal cannabis program, licensure, effective July 1, 2024 Effective Dates, Emergency - Medicinal cannabis program, licensure, effective July 1, 2024 Effective Dates, Emergency - Medicinal cannabis, state office, licensure Licensing - Cannabis businesses, licenses, issuance permitted in 2024 Local Government - Prohibition of cannabis business operations, notification required Local Government - Regulation of cannabis businesses State Agencies - Cabinet for Health and Family Services, adverse drug effect reporting system, requirement State Agencies - Cabinet for Health and Family Services, Medicinal Cannabis Advisory Pamphlet, requirement State Agencies - Cabinet for Health and Family Services, Office of Medical Cannabis Boards and Commissions - Board of Physicians and Advisors, membership, addition of pharmacist Cannabis - Cannabis business, inspections and investigations Cannabis - Cannabis business, licensure Cannabis - Cannabis businesses, licenses, issuance permitted in 2024 Cannabis - Cannabis dispensary, operations prior to January 1, 2025, prohibition |
| Amendment | Senate Committee Amendment 1 |
|---|---|
| Sponsor | R. Mills |
| Summary | Make title amendment. |
| Index Headings | Title Amendments - HB 829/GA |
Last updated: 9/26/2024 1:37 PM (EDT)