218B.015 Construction of chapter -- Applicability.
629 words·~3 min read·
/ky/chapter-218b/218b-015A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Nothing in this chapter shall be construed as applying to industrial hemp or
industrial hemp products as defined in KRS 260.850.
(2)Notwithstanding any provision of law to the contrary, and except as provided in
subsections
(3)and
(4)of this section and KRS 218B.035:
(a)The use of medicinal cannabis by a cardholder shall be considered lawful if
done in accordance with this chapter and any administrative regulations
promulgated thereunder;
(b)The acquisition, blending, cultivation, delivery, distribution, manufacturing,
manipulation, packaging for sale, preparation, possession, sale, testing,
transportation, or transfer of medicinal cannabis or medicinal cannabis
accessories by a cannabis business or cannabis business agent shall be
considered lawful if done in accordance with this chapter and any
administrative regulations promulgated thereunder;
(c)A registered qualified patient or visiting qualified patient shall not be
considered to be under the influence of medicinal cannabis solely because of
the presence of tetrahydrocannabinol metabolites, including but not limited to
the cannabinoid carboxy THC, which is also known as THC-COOH;
(d)A medicinal cannabis practitioner shall not be subject, under the laws of the
Commonwealth, to arrest, prosecution, or penalty in any manner, or denied
any right or privilege, including but not limited to a civil penalty or
disciplinary action by a state licensing board or by any other occupational or
professional licensing board, solely for providing written certifications or for
otherwise stating that, in the medicinal cannabis practitioner's professional
opinion, a patient may receive medical, therapeutic, or palliative benefit from
the use of medicinal cannabis, if done in accordance with this chapter;
(e)An attorney shall not be subject, under the laws of the Commonwealth, to
arrest, prosecution, or penalty in any manner, or denied any right or privilege,
including but not limited to a civil penalty or disciplinary action by the
Kentucky Court of Justice, Kentucky Bar Association, or by any other
professional licensing board, solely for providing an individual or cannabis
business with legal assistance related to activity that is no longer subject to
criminal penalties under state law pursuant to this chapter; and
(f)No person shall be subject, under the laws of the Commonwealth, to arrest,
prosecution, or penalty in any manner, or denied any right or privilege,
including but not limited to a civil penalty or disciplinary action by an
occupational or professional licensing board, solely for providing assistance
or services, including but not limited to accounting services, financial
services, security services, or business consulting services, to any individual
or cannabis business related to activity that is no longer subject to criminal
penalties under state law pursuant to this chapter.
(3)Nothing in subsection
(2)of this section shall be construed or interpreted to:
(a)Prohibit the arrest, prosecution, or imposition of any other penalty arising
from but not limited to breach of contract, breach of fiduciary duty,
negligence, or engaging in criminal activity that would constitute a felony or
misdemeanor; or
(b)Prevent a medicinal cannabis practitioner from being subject to administrative
penalties imposed by his or her state licensing board for any violation of this
chapter or any administrative regulation promulgated thereunder.
(4)Notwithstanding subsection
(2)of this section and any other provision of law to the
contrary, a cardholder who is licensed under KRS Chapter 311 or KRS Chapter 314
may be subject to intervention or disciplinary action by his or her state licensing
board if:
(a)There is probable cause to believe that the cardholder has become impaired
by, or otherwise abused, medicinal cannabis; or
(b)The cardholder has a medically diagnosable disease that is characterized by
chronic, habitual, or periodic use of medicinal cannabis resulting in
interference with the cardholder's professional, social, or economic functions
in the community or the loss of powers of self-control regarding the use of
medicinal cannabis.