House Bill 829

Actions | Amendments
Last Action 04/17/24: signed by Governor
Title AN ACT relating to medicinal cannabis and declaring an emergency.
Bill Documents Current/Final
Introduced
Bill Request Number 2391
Sponsors J. Nemes, B. Chester-Burton, P. Flannery
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

Actions

Top | Amendments
02/26/24
  • introduced in House
  • to Committee on Committees (H)
03/06/24
  • to Health Services (H)
03/07/24
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
03/08/24
  • 2nd reading, to Rules
  • posted for passage in the Regular Orders of the Day for Monday, March 11, 2024
03/11/24
  • floor amendment (1) filed to Committee Substitute
03/12/24
  • 3rd reading, passed 66-30 with Committee Substitute (1) and Floor Amendment (1)
03/13/24
  • received in Senate
  • to Committee on Committees (S)
03/22/24
  • to State & Local Government (S)
03/27/24
  • taken from State & Local Government (S)
  • 1st reading
  • returned to State & Local Government (S)
03/28/24
  • taken from State & Local Government (S)
  • 2nd reading
  • returned to State & Local Government (S)
04/12/24
  • reported favorably, to Rules with Committee Substitute (1) and Committee Amendment (1-title)
04/15/24
  • posted for passage in the Regular Orders of the Day for Monday, April 15, 2024
  • 3rd reading, passed 26-12 with Committee Substitute (1) and Committee Amendment (1-title)
  • received in House
  • to Rules (H)
  • posted for passage for concurrence in Senate Committee Substitute (1) and Committee Amendment (1-title)
  • House concurred in Senate Committee Substitute (1) and Committee Amendment (1-title)
  • passed 69-15
  • enrolled, signed by Speaker of the House
  • enrolled, signed by President of the Senate
  • delivered to Governor
04/17/24
  • signed by Governor

Proposed Amendments

Top | Actions
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: 4/18/2024 12:47 PM (EDT)