Kentucky Statutes 218B.035 – Criminal prosecution and disciplinary actions not precluded — Driving under the influence. (Effective January 1, 2025)
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(1) This chapter does not authorize any person to engage in, and shall not prevent the imposition of any civil, criminal, or other penalties, including but not limited to criminal prosecution or disciplinary action by the cabinet or an occupational or professional licensing board, for engaging in the following conduct:
(a) Operating, navigating, or being in actual physical control of any aircraft, vehicle, vessel, or any other device known, or hereafter invented, that is powered by machinery and that is or may be used to transport persons or property while under the influence of medicinal cannabis;
(b) Consuming medicinal cannabis while operating, navigating, or being in actual physical control of an aircraft, vehicle, vessel, or any other device known, or hereafter invented, that is powered by machinery and that is or may be used to transport persons or property;
(c) Possessing medicinal cannabis that is within the operator’s arm’s reach or requires less than a two (2) step process to access while operating, navigating, or being in actual physical control of an aircraft, vehicle, vessel, or any other device known, or hereafter invented, that is powered by machinery and that is or may be used to transport persons or property;
(d) Undertaking any task under the influence of medicinal cannabis, when doing so would constitute negligence or professional malpractice;
(e) Possessing medicinal cannabis, or otherwise engaging in the use of medicinal cannabis:
1. On the grounds of any preschool or primary or secondary school, except as permitted in accordance with policies enacted pursuant to KRS
218B.045(4);
2. In any correctional facility; or
3. On any property of the federal government;
(f) Using marijuana, if that person is not a registered qualified patient or visiting qualified patient;
(g) Using or consuming marijuana by smoking; or
(h) Cultivating marijuana unless that person is licensed by the cabinet as a cannabis cultivator or cannabis producer pursuant to KRS § 218B.080,
218B.085, and 218B.090 or is a cultivator or producer agent.
(2) The penalty for a violation of subsection (1)(a) or (b) of this section shall be the same as those established for operating a motor vehicle under the influence of alcohol or any other substance in KRS § 189A.010.
(3) (a) An individual who violates subsection (1)(g) of this section shall not be considered to be in possession of medicinal cannabis or engaged in the use of medicinal cannabis and shall not benefit from the legal protections afforded by this chapter.
(b) The odor or smell of uncombusted raw plant material shall not constitute evidence of use or consumption of cannabis by smoking.
(c) If an individual uses or consumes marijuana by smoking while on any form of public transportation, in any public place as defined in KRS § 525.010, or in any place of public accommodation, resort, or amusement as defined in KRS
344.130:
1. The cabinet may revoke the individual’s registry identification card; and
2. The individual may be subject to prosecution under KRS § 218A.1421 and KRS § 218A.1422.
(4) Nothing in this chapter supersedes statutory laws relating to driving while under the influence of intoxicants. This chapter shall not prevent the enforcement of current laws pertaining to driving while intoxicated, including KRS § 183.061, 189.520,
189A.010, and 235.240. (5) As used in this section:
(a) “Aircraft” has the same meaning as in KRS § 183.011;
(b) “Vehicle” has the same meaning as in KRS § 189.010; and
(c) “Vessel” has the same meaning as in KRS § 235.010.
Effective: January 1, 2025
History: Created 2023 Ky. Acts ch. 146, sec. 6, effective January 1, 2025.
(a) Operating, navigating, or being in actual physical control of any aircraft, vehicle, vessel, or any other device known, or hereafter invented, that is powered by machinery and that is or may be used to transport persons or property while under the influence of medicinal cannabis;
Terms Used In Kentucky Statutes 218B.035
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Cabinet: means the Cabinet for Health and Family Services. See Kentucky Statutes 218B.010
- Cultivator: means an entity licensed as such 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.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Producer: means an entity licensed as such under KRS §. See Kentucky Statutes 218B.010
- Producer agent: means a principal officer, board member, employee, volunteer, or agent of a producer. 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
- Smoking: means the inhalation of smoke produced from the combustion of raw plant material when ignited by a flame. See Kentucky Statutes 218B.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
(b) Consuming medicinal cannabis while operating, navigating, or being in actual physical control of an aircraft, vehicle, vessel, or any other device known, or hereafter invented, that is powered by machinery and that is or may be used to transport persons or property;
(c) Possessing medicinal cannabis that is within the operator’s arm’s reach or requires less than a two (2) step process to access while operating, navigating, or being in actual physical control of an aircraft, vehicle, vessel, or any other device known, or hereafter invented, that is powered by machinery and that is or may be used to transport persons or property;
(d) Undertaking any task under the influence of medicinal cannabis, when doing so would constitute negligence or professional malpractice;
(e) Possessing medicinal cannabis, or otherwise engaging in the use of medicinal cannabis:
1. On the grounds of any preschool or primary or secondary school, except as permitted in accordance with policies enacted pursuant to KRS
218B.045(4);
2. In any correctional facility; or
3. On any property of the federal government;
(f) Using marijuana, if that person is not a registered qualified patient or visiting qualified patient;
(g) Using or consuming marijuana by smoking; or
(h) Cultivating marijuana unless that person is licensed by the cabinet as a cannabis cultivator or cannabis producer pursuant to KRS § 218B.080,
218B.085, and 218B.090 or is a cultivator or producer agent.
(2) The penalty for a violation of subsection (1)(a) or (b) of this section shall be the same as those established for operating a motor vehicle under the influence of alcohol or any other substance in KRS § 189A.010.
(3) (a) An individual who violates subsection (1)(g) of this section shall not be considered to be in possession of medicinal cannabis or engaged in the use of medicinal cannabis and shall not benefit from the legal protections afforded by this chapter.
(b) The odor or smell of uncombusted raw plant material shall not constitute evidence of use or consumption of cannabis by smoking.
(c) If an individual uses or consumes marijuana by smoking while on any form of public transportation, in any public place as defined in KRS § 525.010, or in any place of public accommodation, resort, or amusement as defined in KRS
344.130:
1. The cabinet may revoke the individual’s registry identification card; and
2. The individual may be subject to prosecution under KRS § 218A.1421 and KRS § 218A.1422.
(4) Nothing in this chapter supersedes statutory laws relating to driving while under the influence of intoxicants. This chapter shall not prevent the enforcement of current laws pertaining to driving while intoxicated, including KRS § 183.061, 189.520,
189A.010, and 235.240. (5) As used in this section:
(a) “Aircraft” has the same meaning as in KRS § 183.011;
(b) “Vehicle” has the same meaning as in KRS § 189.010; and
(c) “Vessel” has the same meaning as in KRS § 235.010.
Effective: January 1, 2025
History: Created 2023 Ky. Acts ch. 146, sec. 6, effective January 1, 2025.