Kentucky Statutes 218B.045 – Patient rights under state and local law — Visitation and parenting time — Medical care — Schools — Local board of education to establish policies. (Effective January 1, 2025)
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(1) A registered qualified patient or visiting qualified patient who uses medicinal cannabis shall be afforded all the same rights under state and local law, including those guaranteed under KRS Chapter 344, as the individual would have been afforded if he or she were solely prescribed pharmaceutical medications as they pertain to drug testing required by any state or local law.
(2) A cardholder otherwise entitled to custody of, or visitation time or parenting time with, a minor child shall not be denied that right, and there shall be no presumption of abuse, neglect, or dependency for conduct permitted under this chapter unless the person’s actions in relation to medicinal cannabis created an unreasonable danger to the safety of the minor child as established by clear and convincing evidence.
(3) (a) For the purposes of medical care, including organ transplants, a patient’s authorized use of medicinal cannabis is the equivalent of the authorized use of any other medication used at the direction of a practitioner.
(b) A health facility as defined in KRS § 216B.015 may develop policies to allow a patient who is a registered qualified patient or visiting qualified patient to use medicinal cannabis on the premises of the health facility.
(4) (a) A school shall not refuse to enroll, or otherwise penalize, a person solely for his or her status as a cardholder, unless failing to do so would violate federal law or regulations and cause the school to lose a monetary or licensing-related benefit under federal law or regulations.
(b) A school shall not be penalized or denied any benefit under state law for enrolling a cardholder.
(c) Each local board of education and each board of directors of a public charter school shall, no later than July 1, 2024, establish policies to permit a pupil who is a registered qualified patient to consume medicinal cannabis on school property as deemed necessary by the pupil’s parent or legal guardian. Policies enacted pursuant to this paragraph shall require medicinal cannabis be administered by a school nurse or under the supervision of appropriate school staff.
Effective: January 1, 2025
History: Created 2023 Ky. Acts ch. 146, sec. 8, effective January 1, 2025.
(2) A cardholder otherwise entitled to custody of, or visitation time or parenting time with, a minor child shall not be denied that right, and there shall be no presumption of abuse, neglect, or dependency for conduct permitted under this chapter unless the person’s actions in relation to medicinal cannabis created an unreasonable danger to the safety of the minor child as established by clear and convincing evidence.
Terms Used In Kentucky Statutes 218B.045
- 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 - Directors: when applied to corporations, includes managers or trustees. See Kentucky Statutes 446.010
- 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.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Minor: means a person less than eighteen (18) years of age. See Kentucky Statutes 218B.010
- 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
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Violate: includes failure to comply with. See Kentucky Statutes 446.010
- Visiting qualified patient: means a person who has registered as such through the cabinet as required under this chapter or who possesses a valid out-of-state registry identification card and documentation of having been diagnosed with a qualifying medical condition. See Kentucky Statutes 218B.010
(3) (a) For the purposes of medical care, including organ transplants, a patient’s authorized use of medicinal cannabis is the equivalent of the authorized use of any other medication used at the direction of a practitioner.
(b) A health facility as defined in KRS § 216B.015 may develop policies to allow a patient who is a registered qualified patient or visiting qualified patient to use medicinal cannabis on the premises of the health facility.
(4) (a) A school shall not refuse to enroll, or otherwise penalize, a person solely for his or her status as a cardholder, unless failing to do so would violate federal law or regulations and cause the school to lose a monetary or licensing-related benefit under federal law or regulations.
(b) A school shall not be penalized or denied any benefit under state law for enrolling a cardholder.
(c) Each local board of education and each board of directors of a public charter school shall, no later than July 1, 2024, establish policies to permit a pupil who is a registered qualified patient to consume medicinal cannabis on school property as deemed necessary by the pupil’s parent or legal guardian. Policies enacted pursuant to this paragraph shall require medicinal cannabis be administered by a school nurse or under the supervision of appropriate school staff.
Effective: January 1, 2025
History: Created 2023 Ky. Acts ch. 146, sec. 8, effective January 1, 2025.