Kentucky Statutes 218B.115 – Processor and processor agent — Permissible actions. (Effective January 1, 2025)
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(1) A processor or processor agent acting on behalf of a processor shall not be subject to prosecution under state or local law, to search or inspection except by the cabinet pursuant to KRS § 218B.100, to seizure or penalty in any manner, or be denied any right or privilege, including but not limited to civil penalty or disciplinary action by a court or business licensing board, for acting pursuant to this chapter and the cabinet’s administrative regulations for:
(a) Acquiring or purchasing raw plant material from a cultivator, processor, or producer in this state;
(b) Possessing, processing, preparing, manufacturing, manipulating, blending, preparing, or packaging medicinal cannabis;
(c) Transferring, transporting, supplying, or selling medicinal cannabis and related supplies to other cannabis businesses in this state; or
(d) Selling cannabis seeds or seedlings to similar entities that are licensed to cultivate cannabis in this state or in any other jurisdiction.
(2) A processor licensed under this section shall not possess, process, produce, or manufacture:
(a) Raw plant material with a delta-9 tetrahydrocannabinol content of more than thirty-five percent (35%);
(b) Medicinal cannabis products intended for oral consumption as an edible, oil, or tincture with more than ten (10) milligrams of delta-9 tetrahydrocannabinol per serving;
(c) Any medicinal cannabis product not described in paragraph (a) or (b) of this subsection with a delta-9 tetrahydrocannabinol content of more than seventy percent (70%); or
(d) Any medicinal cannabis product that contains vitamin E acetate.
Effective: January 1, 2025
History: Created 2023 Ky. Acts ch. 146, sec. 22, effective January 1, 2025.
(a) Acquiring or purchasing raw plant material from a cultivator, processor, or producer in this state;
Terms Used In Kentucky Statutes 218B.115
- 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
- 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.
- Processor: means an entity licensed as such under KRS §. See Kentucky Statutes 218B.010
- Processor agent: means a principal officer, board member, employee, volunteer, or agent of a processor. See Kentucky Statutes 218B.010
- Producer: means an entity licensed as such under KRS §. 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
(b) Possessing, processing, preparing, manufacturing, manipulating, blending, preparing, or packaging medicinal cannabis;
(c) Transferring, transporting, supplying, or selling medicinal cannabis and related supplies to other cannabis businesses in this state; or
(d) Selling cannabis seeds or seedlings to similar entities that are licensed to cultivate cannabis in this state or in any other jurisdiction.
(2) A processor licensed under this section shall not possess, process, produce, or manufacture:
(a) Raw plant material with a delta-9 tetrahydrocannabinol content of more than thirty-five percent (35%);
(b) Medicinal cannabis products intended for oral consumption as an edible, oil, or tincture with more than ten (10) milligrams of delta-9 tetrahydrocannabinol per serving;
(c) Any medicinal cannabis product not described in paragraph (a) or (b) of this subsection with a delta-9 tetrahydrocannabinol content of more than seventy percent (70%); or
(d) Any medicinal cannabis product that contains vitamin E acetate.
Effective: January 1, 2025
History: Created 2023 Ky. Acts ch. 146, sec. 22, effective January 1, 2025.