Kentucky Statutes 218B.030 – Seizure and forfeiture — Probable cause — Rebuttable presumption of lawful use. (Effective January 1, 2025)
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(1) (a) Any medicinal cannabis, medicinal cannabis accessories, lawful property, or interest in lawful property that is possessed, owned, or used in connection with the use of medicinal cannabis or acts incidental to that use shall not be subject to seizure or forfeiture under KRS § 218A.405 to KRS § 218A.460.
(b) This chapter shall not prevent the seizure or forfeiture of marijuana exceeding the amounts allowed under KRS § 218B.025 or administrative regulations promulgated pursuant to KRS § 218B.140(1)(c)6., nor shall it prevent seizure or forfeiture if the basis for that action is unrelated to the use of medicinal cannabis in accordance with this chapter and any administrative regulation promulgated thereunder.
(2) Possession of, or application for, a registry identification card, an out-of-state registry identification card, or cannabis business license shall not constitute probable cause or reasonable suspicion, nor shall it be used to support the search of the person, property, or home of the person possessing or applying for the registry identification card, out-of-state registry identification card, or cannabis business license. The possession of, or application for, a registry identification card, out-of- state registry identification card, or cannabis business license shall not preclude the existence of probable cause if probable cause exists on other grounds.
(3) (a) There shall be a rebuttable presumption that a cardholder is engaged in the lawful use of medicinal cannabis, or in the case of a designated caregiver, assisting with the lawful use of medicinal cannabis, if the cardholder:
1. Possesses a valid registry identification card or, in the case of a visiting qualified patient, an out-of-state registry identification card and documentation of having been diagnosed with a qualifying medical condition; and
2. Possesses an amount of medicinal cannabis that does not exceed the amount allowed under KRS § 218B.025 or administrative regulations promulgated pursuant to KRS § 218B.140(1)(c)6.
(b) This presumption may be rebutted by a preponderance of evidence that conduct was unrelated to the use of medicinal cannabis or was otherwise in violation of this chapter.
Effective: January 1, 2025
History: Created 2023 Ky. Acts ch. 146, sec. 5, effective January 1, 2025.
(b) This chapter shall not prevent the seizure or forfeiture of marijuana exceeding the amounts allowed under KRS § 218B.025 or administrative regulations promulgated pursuant to KRS § 218B.140(1)(c)6., nor shall it prevent seizure or forfeiture if the basis for that action is unrelated to the use of medicinal cannabis in accordance with this chapter and any administrative regulation promulgated thereunder.
Terms Used In Kentucky Statutes 218B.030
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Cannabis business: means an entity licensed under this chapter as a cultivator, dispensary, processor, producer, or safety compliance facility. See Kentucky Statutes 218B.010
- Cardholder: means :
(a) A registered qualified patient, designated caregiver, or visiting qualified patient who has applied for, obtained, and possesses a valid registry identification card issued by the cabinet. See Kentucky Statutes 218B.010 - Designated caregiver: means a person who has registered as such with the cabinet under KRS §. See Kentucky Statutes 218B.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Medicinal cannabis accessories: means any equipment, product, or material of any kind which is used, intended for use, or designed for use in the preparing, storing, using, or consuming medicinal cannabis in accordance with this chapter. See Kentucky Statutes 218B.010
- Out-of-state registry identification card: means a registry identification card, or an equivalent document, that was issued pursuant to the laws of another state, district, territory, commonwealth, or insular possession of the United States. See Kentucky Statutes 218B.010
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Qualified patient: means a person who has obtained a written certification from a medicinal cannabis practitioner with whom he or she has a bona fide practitioner- patient relationship. See Kentucky Statutes 218B.010
- Qualifying medical condition: means :
(a) Any type or form of cancer regardless of stage. See Kentucky Statutes 218B.010 - State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(2) Possession of, or application for, a registry identification card, an out-of-state registry identification card, or cannabis business license shall not constitute probable cause or reasonable suspicion, nor shall it be used to support the search of the person, property, or home of the person possessing or applying for the registry identification card, out-of-state registry identification card, or cannabis business license. The possession of, or application for, a registry identification card, out-of- state registry identification card, or cannabis business license shall not preclude the existence of probable cause if probable cause exists on other grounds.
(3) (a) There shall be a rebuttable presumption that a cardholder is engaged in the lawful use of medicinal cannabis, or in the case of a designated caregiver, assisting with the lawful use of medicinal cannabis, if the cardholder:
1. Possesses a valid registry identification card or, in the case of a visiting qualified patient, an out-of-state registry identification card and documentation of having been diagnosed with a qualifying medical condition; and
2. Possesses an amount of medicinal cannabis that does not exceed the amount allowed under KRS § 218B.025 or administrative regulations promulgated pursuant to KRS § 218B.140(1)(c)6.
(b) This presumption may be rebutted by a preponderance of evidence that conduct was unrelated to the use of medicinal cannabis or was otherwise in violation of this chapter.
Effective: January 1, 2025
History: Created 2023 Ky. Acts ch. 146, sec. 5, effective January 1, 2025.