Kentucky Statutes 218B.075 – Revocation of registration identification card — Penalties — Notification to cardholder — Administrative hearing — Judicial review. (Effective January 1, 2025)
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(1) Any cardholder who sells, distributes, or dispenses medicinal cannabis to a person who is not permitted to possess or use medicinal cannabis under this chapter shall have his or her registry identification card revoked and shall be subject to other penalties, including but not limited to criminal prosecution under this chapter and KRS § 138.870 to KRS § 138.889.
(2) The cabinet may revoke the registry identification card of any cardholder who knowingly commits multiple violations or a serious violation of this chapter.
(3) The cabinet shall provide notice of revocation, fine, or other penalty by mailing, via certified mail, the same in writing to the cardholder. The cardholder may, within thirty (30) days after the date of the mailing of the cabinet’s notice, file a written request for an administrative hearing regarding the revocation, fine, or other penalty. The hearing shall be conducted in compliance with the requirements of KRS Chapter 13B.
(4) Final orders of the cabinet after administrative hearings shall be subject to judicial review. Jurisdiction and venue for judicial review are vested in the Circuit Court of the county in which the appealing party resides.
Effective: January 1, 2025
History: Created 2023 Ky. Acts ch. 146, sec. 14, effective January 1, 2025.
(2) The cabinet may revoke the registry identification card of any cardholder who knowingly commits multiple violations or a serious violation of this chapter.
Terms Used In Kentucky Statutes 218B.075
- Cabinet: means the Cabinet for Health and Family Services. 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 - Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
(a) Sending the document or package. See Kentucky Statutes 446.010 - Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Serious violation: means :
(a) Any violation of this chapter or any administrative regulation promulgated
thereunder that is capable of causing death or which causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ. See Kentucky Statutes 218B.010 - Venue: The geographical location in which a case is tried.
(3) The cabinet shall provide notice of revocation, fine, or other penalty by mailing, via certified mail, the same in writing to the cardholder. The cardholder may, within thirty (30) days after the date of the mailing of the cabinet’s notice, file a written request for an administrative hearing regarding the revocation, fine, or other penalty. The hearing shall be conducted in compliance with the requirements of KRS Chapter 13B.
(4) Final orders of the cabinet after administrative hearings shall be subject to judicial review. Jurisdiction and venue for judicial review are vested in the Circuit Court of the county in which the appealing party resides.
Effective: January 1, 2025
History: Created 2023 Ky. Acts ch. 146, sec. 14, effective January 1, 2025.