218B.105 Cultivator and cultivator agent -- Permissible actions -- Cultivator tiers

341 words·~2 min read·/ky/218b-105

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

and square feet limitations.

(1)A cultivator or cultivator agent acting on behalf of a cultivator shall not be subject

to prosecution under state or local law, to search or inspection except by the cabinet

pursuant to KRS 218B.100, or to seizure or penalty in any manner, or be denied any

right or privilege, including but not limited to civil penalty or disciplinary action by

a court or business licensing board, for acting pursuant to this chapter and the

cabinet's administrative regulations for:

(a)Acquiring, possessing, planting, cultivating, raising, harvesting, trimming, or

storing cannabis seeds, seedlings, plants, or raw plant material;

(b)Delivering, transporting, transferring, supplying, or selling raw plant material

or related supplies to other licensed cannabis businesses in this state; or

(c)Selling cannabis seeds or seedlings to similar entities that are licensed to

cultivate cannabis in this state or in any other jurisdiction.

(2)Cultivators and cultivator agents acting on behalf of a cultivator shall:

(a)Only deliver raw plant material to a licensed processor, licensed producer,

licensed safety compliance facility, or licensed dispensary for fair market

value;

(b)Only deliver raw plant material to a licensed dispensary, processor, or

producer after it has been checked by a safety compliance facility agent for

cannabinoid contents and contaminants in accordance with administrative

regulations promulgated by the cabinet;

(c)Not supply a dispensary with more than the amount of raw plant material

reasonably required by a dispensary; and

(d)Not deliver, transfer, or sell raw plant material with a delta-9

tetrahydrocannabinol content of more than thirty-five percent (35%) to a

licensed dispensary, processor, or producer.

(a)A Tier I cultivator shall not exceed an indoor growth area of two thousand

five hundred (2,500) square feet.

(b)A Tier II cultivator shall not exceed an indoor growth area of ten thousand

(10,000) square feet.

(c)A Tier III cultivator shall not exceed an indoor growth area of twenty-five

thousand (25,000) square feet.

(d)A Tier IV cultivator shall not exceed an indoor growth area of fifty thousand

(50,000) square feet.