§ 218B.010 Definitions for chapter
§ 218B.015 Construction of chapter — Applicability. (Effective January 1, 2025)
§ 218B.020 Board of Physicians and Advisors — Membership — Duties — Reporting requirements
§ 218B.025 Registered and visiting qualified patients — Designated caregivers — Exemption from prosecution — Limitations on amount of cannabis to be in possession. (Effective January 1, 2025)
§ 218B.030 Seizure and forfeiture — Probable cause — Rebuttable presumption of lawful use. (Effective January 1, 2025)
§ 218B.035 Criminal prosecution and disciplinary actions not precluded — Driving under the influence. (Effective January 1, 2025)
§ 218B.040 Employer not required to permit or accommodate use. (Effective January 1, 2025)
§ 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)
§ 218B.050 Written certification form — Application process — Renewals — Bona fide practitioner-patient relationship — Procedures — Administrative regulations
§ 218B.055 Registry identification card required — Written certification — Visiting qualified patient — Information required. (Effective January 1, 2025)
§ 218B.060 Registry identification card program — Required information — Registration receipt system
§ 218B.065 Cabinet action required on application — Registration for patients under age eighteen — Application denial — Administrative hearings. (Effective January 1, 2025)
§ 218B.070 Cardholder required notifications to cabinet — Return of unused cannabis — Expiration of protections. (Effective January 1, 2025)
§ 218B.075 Revocation of registration identification card — Penalties — Notification to cardholder — Administrative hearing — Judicial review. (Effective January 1, 2025)
§ 218B.080 License required — License types — Initial one-year term — Renewal
§ 218B.085 Uniform application form — Information required
§ 218B.090 Cabinet action on business license application — Denial — Procedures upon approval — Administrative hearing and judicial review. (Effective January 1, 2025)
§ 218B.095 Requirements for licensed businesses — Prohibited activities — Recordkeeping — Transporting cannabis on behalf of business — Cultivation in enclosed, locked facility — Persons under age eighteen. (Effective January 1, 2025)
§ 218B.100 Cannabis businesses subject to reasonable inspection by the cabinet — License suspension or revocation — Notice required — Administrative hearing and judicial review — Permissible activities during suspension. (Effective January 1, 2025)
§ 218B.105 Cultivator and cultivator agent — Permissible actions — Cultivator tiers and square feet limitations. (Effective January 1, 2025)
§ 218B.110 Dispensary and dispensary agent — Permissible actions — Liability in civil actions for failure to comply. (Effective January 1, 2025)
§ 218B.115 Processor and processor agent — Permissible actions. (Effective January 1, 2025)
§ 218B.120 Producer and producer agent — Permissible actions. (Effective January 1, 2025)
§ 218B.125 Safety compliance facility and safety compliance facility agent — Permissible actions. (Effective January 1, 2025)
§ 218B.130 Local government — Ordinances regulating or prohibiting cannabis — City within a county that prohibits cannabis may enact ordinance to approve — Public question — Procedures
§ 218B.135 Cabinet to maintain confidential list of cardholders — Exemptions from Open Records Act — Certain information not exempt – Penalty
§ 218B.140 Electronic monitoring system required capabilities — Administrative regulations
§ 218B.145 Kentucky Center for Cannabis to make notifications regarding qualifying medical condition to be added
§ 218B.150 No requirement for reimbursement of medicinal cannabis use
§ 218B.155 KRS 138.870 to 138.889 inapplicable to medicinal cannabis in compliance with this chapter. (Effective January 1, 2025)
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Terms Used In Kentucky Statutes > Chapter 218B - Medicinal Cannabis

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attorney: means attorney-at-law. See Kentucky Statutes 446.010
  • Cabinet: means the Cabinet for Health and Family Services. See Kentucky Statutes 218B.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
  • Cannabis business agent: means a principal officer, board member, employee, volunteer, or agent of a cannabis business. 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
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • City: includes town. See Kentucky Statutes 446.010
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Cultivator: means an entity licensed as such under KRS §. See Kentucky Statutes 218B.010
  • Cultivator agent: means a principal officer, board member, employee, volunteer, or agent of a cultivator. See Kentucky Statutes 218B.010
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Designated caregiver: means a person who has registered as such with the cabinet under KRS §. See Kentucky Statutes 218B.010
  • Directors: when applied to corporations, includes managers or trustees. See Kentucky Statutes 446.010
  • Dispensary: means an entity licensed as such under KRS §. See Kentucky Statutes 218B.010
  • Dispensary agent: means a principal officer, board member, employee, volunteer, or agent of a dispensary. See Kentucky Statutes 218B.010
  • Disqualifying felony offense: means :
    (a) A felony offense that would classify the person as a violent offender under
    KRS §. See Kentucky Statutes 218B.010
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal: refers to the United States. See Kentucky Statutes 446.010
  • Fiduciary: A trustee, executor, or administrator.
  • 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.
  • 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.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • 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
  • Medicinal cannabis practitioner: means a physician or an advanced practice registered nurse who is authorized to prescribe controlled substances under KRS
    314. See Kentucky Statutes 218B.010
  • Minor: means a person less than eighteen (18) years of age. See Kentucky Statutes 218B.010
  • Month: means calendar month. See Kentucky Statutes 446.010
  • 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
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Personal property: All property that is not real property.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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
  • 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
  • Qualifying medical condition: means :
    (a) Any type or form of cancer regardless of stage. See Kentucky Statutes 218B.010
  • Registered mail: means any governmental, commercial, or electronic method of delivery that allows a document or package to have:
    (a) Its chain of custody recorded in a register to enable its location to be tracked. See Kentucky Statutes 446.010
  • Regular election: means the election in even-numbered years at which members of Congress are elected and the election in odd-numbered years at which state officers are elected. See Kentucky Statutes 446.010
  • Safety compliance facility: means an entity licensed as such under KRS §. See Kentucky Statutes 218B.010
  • Safety compliance facility agent: means a principal officer, board member, employee, volunteer, or agent of a safety compliance facility. See Kentucky Statutes 218B.010
  • 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
  • Smoking: means the inhalation of smoke produced from the combustion of raw plant material when ignited by a flame. 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
  • State licensing board: means :
    (a) The Kentucky Board of Medical Licensure. See Kentucky Statutes 218B.010
  • Treatment: when used in a criminal justice context, means targeted interventions
    that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Venue: The geographical location in which a case is tried.
  • 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
  • Written certification: means a document dated and signed by a medicinal cannabis practitioner, that:
    (a) States, that in the medicinal cannabis practitioner's professional medical opinion, the patient may receive medical, therapeutic, or palliative benefit from the use of medicinal cannabis. See Kentucky Statutes 218B.010
  • Year: means calendar year. See Kentucky Statutes 446.010