AN ACT relating to the medical use of marijuana in Kentucky introduced March 1, 2016 (You won’t believe what they are doing to our medical cannabis!)

HB 584(BR-1994)(click bill number to view bill details.)


Tuesday, March 1, 2016 – introduced in House


The following is a summary of this House Bill:



*Create new sections of KRS Chapter 211 to define terms;

*require the Department for Public Health (DPH) to operate a medical marijuana program;

*establish a process to license and permit cultivators, distributors, manufacturers, and processors of medical marijuana;

*clarify that the department is not asked to conduct duties that are more than administrative;

*require the department to contract with a nongovernmental entity to conduct any non-administrative duties, if necessary;

*require prospective patients to possess a diagnosis from a physician and possess a registry identification card issued by the department;

*prohibit a patient from receiving more than a 60-day supply or possessing more than a 90-day supply of his or her recommended amount of medical marijuana;

*require the department to license no more than 10 grows;

*prioritize these grows in the 5 most economically depressed counties in Kentucky that elect to participate;

*allow for licensure of 2 cultivators, 2 manufacturers, 2 processors, and other subcategories within each economically depressed county participating in the program;

*establish a process by which cultivators sell only to manufacturers, processors, or distributors;

*allow only distributors to sell medical marijuana to a dispensary;

*establish a local option for medical marijuana dispensaries;

*establish a Medical Marijuana Enforcement Division within the Department for Alcohol and Beverage Control;

*require the department to publish an annual list of varieties of marijuana that contain a low level of tetrahydrocannabinol (THC);

*require prioritization of low-THC-containing varieties of marijuana by the department;

*grant priority access to children and individuals with medication-resistant seizures to low-THC marijuana;

*require patients under 18 to receive marijuana with a low-THC content;

*clarify that cannabadiol is included in low-THC marijuana products;

*allow a dispensary to dispense cannabadiol regardless of whether it is classified as industrial hemp or medical marijuana;

*establish guidelines for registry identification cards;

*exempt patients that possess a card and an amount of marijuana that does not exceed a 60-day supply from prosecution or penalty;

*protect a physician from prosecution, penalty, or disciplinary action solely for providing a medical order for marijuana;

*protect dispensaries and dispensary employees when acting pursuant to this Act;

*require that a licensed pharmacy be contracted with all dispensaries to track negative drug interactions and provide counsel;

*require individuals that cease to be patients to dispose of marijuana;

*state that any local or statewide smoking ban shall ban the use of any medical marijuana unless explicitly permitted by prominent signage;

*provide a method for homeless patients to receive a recommendation for medical marijuana if they are being treated by a certified clinic;

*allow use of marijuana on privately owned real property only with written permission of the property owner or tenant in possession of the property;

*prohibit unauthorized conduct, including undertaking tasks under the influence of marijuana;

*specify additional areas where marijuana may not be possessed or used;

*prohibit operation of motor vehicles, boats, or aircraft while under the influence of marijuana;

*clarify other protections for health insurance providers, property owners, employers, and jails or penal institutions;

*require the DPH to operate or license the operation of at least one dispensary in each area development district;

*grant the DPH authority to charge application and annual fees;

*authorize fines for cardholders carrying marijuana while not in possession of his or her registry card;

*require revocation of cardholder status to any cardholder that sells marijuana to another person that is not a patient;

*exempt medical marijuana from controlled substance tax in KRS Chapter 138;

*require DPH to promulgate administrative regulations to govern the treatment of drug addiction via use of medical marijuana;

*establish a Task Force on Risk Evaluation and Mitigation Strategies for Medical Marijuana to advise the DPH in implementing the Act;

*require the Board of Medical Licensure to issue certificates to physicians that elect to prescribe medical marijuana;

*state requirements for good standing for recommending physicians;

*require the board to establish standards for generating orders for medical marijuana;

*create a new section of KRS Chapter 315 to establish a certification process for a pharmacist providing counsel in a dispensary;

*create new sections of KRS Chapter 138 and 218A to establish a fund and a wholesale excise tax to fund mental health treatment and the medical marijuana program from proceeds gathered from the medical marijuana program;

*establish a 6 year sunset period.


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