Kentucky House Bill 136 (Prior Session Legislation)

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Spectrum: Slight Partisan Bill (Democrat 35-16)
Status: Engrossed on February 21 2020 - 50% progression, died in committee
Action: 2020-03-02 - to Judiciary (S)
Pending: Senate Judiciary Committee
Text: Latest bill text (Engrossed) [PDF]

Create various new sections of KRS Chapter 218A to define terms; to exempt the medicinal marijuana program from existing provisions in Kentucky law to the contrary; to require the Department for Alcoholic Beverage and Cannabis Control to implement and regulate the medicinal marijuana program in Kentucky; to establish the Division of Medicinal Marijuana within the Department of Alcoholic Beverage and Cannabis Control; to establish restrictions on the possession of medicinal marijuana by qualifying patients, visiting patients, and designated caregivers; to establish certain protections for cardholders; to establish professional protections for practitioners; to provide for the authorizing of practitioners by state licensing boards to issue written certifications for the use medicinal marijuana; to establish professional protections for attorneys; to prohibit the possession and use of medicinal marijuana on a school bus, on the grounds of any preschool or primary or secondary school, in a correctional facility, any property of the federal government, or while operating a motor vehicle; to prohibit smoking of medicinal marijuana; to permit an employer to restrict the possession and use of medicinal marijuana by an employee; to require the department to implement and operate a registry identification card program; to establish requirements for registry identification cards; to establish registry identification card fees; to require the department to operate a provisional licensure receipt system; to establish the application requirements for a registry identification card; to establish when the department may deny an application for a registry identification card; to establish certain responsibilities for cardholders; to establish when a registry identification card may be revoked; to establish various cannabis business licensure categories; to establish tiering of cannabis business licenses; to require certain information be included in an application for a cannabis business license; to establish when the department may deny an application for a cannabis business license; to prohibit a practitioner from being a board member or principal officer of a cannabis business; to prohibit cross-ownership of certain classes of cannabis businesses; to establish rules for local sales, including establishing the process by which a local legislative body may prohibit the operation of cannabis businesses within its territory and the process for local ordinances and ballot initiatives; to establish technical requirements for cannabis businesses; to establish limits on the THC content of medicinal marijuana that can be produced or sold in the state; to establish requirements for cannabis cultivators, including cultivation square footage limits; to establish requirements for cannabis dispensaries; to establish requirements for safety compliance facilities; to establish requirements for cannabis processors; to establish procedures for the department to inspect cannabis businesses; to establish procedures for the suspension or revocation of a cannabis business license; to exempt certain records and information from the disclosure under the Kentucky Open Records Act; to require the department to develop, maintain, and operate electronic systems for monitoring the medicinal marijuana program; to require the department to promulgate administrative regulations necessary to implement the medicinal marijuana program; to establish that nothing in the bill requires government programs or private insurers to reimburse for the cost of use; to establish the medicinal marijuana trust fund; to establish the local medicinal marijuana trust fund; and to establish procedures for the distribution of local cannabis trust fund moneys; create a new section of KRS Chapter 138 to establish an excise tax of 12% for cultivators and processors for selling to dispensaries; to require that 80% of the revenue from the excise taxes be deposited into the medicinal marijuana trust fund; to require that 20% of the revenue from the excise taxes be deposited into the local medicinal marijuana trust fund; amend KRS 342.815 to establish that the Employer’s Mutual Insurance Authority shall not be required to provide coverage to an employer if doing so would subject the authority to a violation of state or federal law; amend KRS 139.470 to exempt the sale of medical marijuana from the state sales tax; amend KRS 218A.010, 218A.1421, 218A.1422, 218A.1423, and 218A.500 to conform; amend KRS 12.020 to change the name of the Department of Alcoholic Beverage Control to the Department of Alcoholic Beverage and Cannabis Control and to create the Division of Medicinal Marijuana; and amend KRS 12.252, 15.300, 15.380, 15.398, 15A.340, 15.420, 61.592, 62.160, 131.1815, 211.285, 241.010, 241.015, 241.030, 243.025, 243.0307, 243.038, 243.090, 243.360, 438.310, 438.311, 438.313, 438.315, 438.317, 438,320, 438.325, 438.330, 438.337, and 438.340 to conform; EFFECTIVE January 1, 2021; APPROPRIATION.

AN ACT relating to medicinal cannabis and making an appropriation therefor.

Rep. Jason Nemes [R]	Rep. John Sims [D]	Rep. Tina Bojanowski [D]	Rep. Charles Booker [D]
Rep. Terri Branham Clark [D]	Rep. Kevin Bratcher [R]	Rep. George Brown [D]	Rep. Thomas Burch [D]
Rep. McKenzie Cantrell [D]	Rep. Jeffery Donohue [D]	Rep. Larry Elkins [R]	Rep. Daniel Elliott [R]
Rep. Kelly Flood [D]	Rep. Chris Freeland [R]	Rep. Alan Gentry [D]	Rep. James Glenn [D]
Rep. Jim Gooch [R]	Rep. Derrick Graham [D]	Rep. Chris Harris [D]	Rep. Mark Hart [R]
Rep. Angie Hatton [D]	Rep. Kathy Hinkle [D]	Rep. Cluster Howard [D]	Rep. Thomas Huff [R]
Rep. Joni Jenkins [D]	Rep. Matthew Koch [R]	Rep. Nima Kulkarni [D]	Rep. Derek Lewis [R]
Rep. Savannah Maddox [R]	Rep. Mary Marzian [D]	Rep. Chad McCoy [R]	Rep. Reginald Meeks [D]
Rep. Russ Meyer [D]	Rep. Charles Miller [D]	Rep. Jerry Miller [R]	Rep. Patti Minter [D]
Rep. David Osborne [R]	Rep. Ruth Palumbo [D]	Rep. Phillip Pratt [R]	Rep. Rick Rand [D]
Rep. Josie Raymond [D]	Rep. Dean Schamore [D]	Rep. Attica Scott [D]	Rep. Maria Sorolis [D]
Rep. Cherlynn Stevenson [D]	Rep. Wilson Stone [D]	Rep. Susan Westrom [D]	Rep. Buddy Wheatley [D]
Rep. Robert Wiederstein [D]	Rep. Lisa Willner [D]	Rep. Les Yates [R]

2020-02-20 - House - House: Third Reading RCS# 132 (Y: 65 N: 30 NV: 0 Abs: 3) [PASS]
2020-02-20 - House - House: Adopt HFA 16 RCS# 131 (Y: 39 N: 50 NV: 0 Abs: 9) [FAIL]
2020-02-20 - House - House: Adopt HFA 7 RCS# 130 (Y: 29 N: 56 NV: 0 Abs: 13) [FAIL]

Date	Chamber	Action
2020-03-02	Senate	to Judiciary (S)
2020-02-21	Senate	received in Senate
2020-02-20	House	passed 65-30 with Committee Substitute (1), floor amendments (3), (5), (8), (10), (11), (14), (15), (17) and committee amendment (1-title)
2020-02-20	House	floor amendments (7), (13) and (16) defeated
2020-02-20	House	3rd reading
2020-02-19	House	floor amendments (10), (11), (12), (13), (14), (15), (16) and (17) filed to Committee Substitute
2020-02-19	House	floor amendment (2) withdrawn
2020-02-19	House	posted for passage in the Regular Orders of the Day for Thursday, February 20, 2020
2020-02-18	House	floor amendments (1), (2), (3), (5), (7) and (8) filed to Committee Substitute, floor amendments (4), (6) and (9) filed to bill
2020-02-13	House	2nd reading, to Rules
2020-02-12	House	reported favorably, 1st reading, to Calendar with Committee Substitute (1) and committee amendment (1-title)
2020-02-10	House	posted in committee
2020-01-14	House	to Judiciary (H)
2020-01-07	House	introduced in House
2019-11-01	House	Prefiled by the sponsor(s).

Type	Source
Summary	https://apps.legislature.ky.gov/record/20RS/hb136.html
Text	https://apps.legislature.ky.gov/recorddocuments/bill/20RS/hb136/orig_bill.pdf
Text	https://apps.legislature.ky.gov/recorddocuments/bill/20RS/hb136/bill.pdf
Supplement	https://apps.legislature.ky.gov/recorddocuments/note/20RS/hb136/LM.pdf
Supplement	https://apps.legislature.ky.gov/recorddocuments/note/20RS/hb136/CI.pdf
Supplement	https://apps.legislature.ky.gov/recorddocuments/note/20RS/hb136/HCS1CI.pdf
Supplement	https://apps.legislature.ky.gov/recorddocuments/note/20RS/hb136/HCS1LM.pdf
Roll Call	https://apps.legislature.ky.gov/record/20RS/hb136/vote_history.pdf