Kentucky House Bill 136 (Prior Session Legislation)

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Spectrum: Bipartisan Bill
Status: Introduced on January 6 2021 - 25% progression, died in committee
Action: 2021-01-06 - to Committee on Committees (H)
Pending: House Committee On Committees Committee
Text: Latest bill text (Introduced) [PDF]

Create various new sections of KRS Chapter 218A to define terms; exempt the medicinal cannabis program from existing provisions in Kentucky law to the contrary; require the Department of Alcoholic Beverage and Cannabis Control implement and regulate the medicinal cannabis program; establish the Division of Medicinal Cannabis and the Board of Physicians and Advisors within the Department of Alcoholic Beverage and Cannabis Control ; establish restrictions on the possession and use of medicinal cannabis by cardholders; establish certain protections for cardholders; establish professional protections for practitioners, attorneys, and other professionals; provide for the authorizing of practitioners by state licensing boards to issue written certifications for the use medicinal cannabis; prohibit the consumption of medicinal cannabis by smoking; permit an employer to restrict the possession and use of medicinal cannabis by an employee; require the department to implement and operate a registry identification card program; establish requirements for registry identification cards; establish registry identification card fees; require the department to operate a provisional licensure receipt system for cardholders; establish the requirements for a registry identification card and the application process; establish notification requirements for cardholders; establish when a registry identification card may be revoked; establish various cannabis business licensure categories; establish requirements for a cannabis business licensure and the application process for a license; prohibit a practitioner from being a board member or principal officer of a cannabis business; prohibit cross-ownership of certain classes of cannabis businesses; 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; establish technical requirements for cannabis businesses; establish limits on the THC potency of medicinal cannabis that can be produced or sold in the state; establish cultivation square footage limits for cannabis businesses that are permitted to cultivate; establish procedures for the department to inspect cannabis businesses; establish procedures for the suspension or revocation of a cannabis business license; exempt certain records and information from the disclosure under the Kentucky Open Records Act; require the department to develop, maintain, and operate electronic systems for monitoring the medicinal cannabis program; require the department to promulgate administrative regulations necessary to implement the medicinal cannabis program; establish that nothing in the bill requires government programs or private insurers to reimburse for the cost of use; establish the medicinal cannabis trust fund; establish the local medicinal cannabis trust fund; establish procedures for the distribution of local cannabis trust fund moneys; create a new section of KRS Chapter 138 to establish an excise tax on certain transfers of medicinal cannabis; amend KRS 216B.402 to require hospital emergency departments to report cases of cannabinoid hyperemesis syndrome to the Department of Alcoholic Beverage and Cannabis Control; 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 cannabis from the state sales tax; amend KRS 218A.010, 218A.1421, 218A.1422, 218A.1423, and 218A.500 to conform; amend KRS 12.020, 12.252, 15.300, 15.380, 15.398, 15.420, 15A.340, 61.592, 62.120, 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, 438.320438.325, 438.330, 438.337, and 438.340 to change the name of the Department of Alcoholic Beverage Control to the Department of Alcoholic Beverage and Cannabis Control; some sections EFFECTIVE July 1, 2022; APPROPRIATION.

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

Rep. Jason Nemes [R]	Rep. Alan Gentry [D]	Rep. William Lawrence [R]	Rep. Tina Bojanowski [D]
Rep. McKenzie Cantrell [D]	Rep. Daniel Elliott [R]	Rep. Kelly Flood [D]	Rep. Robert Goforth [R]
Rep. Jim Gooch [R]	Rep. Derrick Graham [D]	Rep. Angie Hatton [D]	Rep. Samara Heavrin [R]
Rep. Thomas Huff [R]	Rep. Joni Jenkins [D]	Rep. Norma Kirk-McCormick [R]	Rep. Matthew Koch [R]
Rep. Nima Kulkarni [D]	Rep. Derek Lewis [R]	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. Josie Raymond [D]	Rep. Cherlynn Stevenson [D]	Rep. Killian Timoney [R]	Rep. Susan Westrom [D]
Rep. Lisa Willner [D]

Date	Chamber	Action
2021-01-06	House	to Committee on Committees (H)
2021-01-06	House	introduced in House

Type	Source
Summary	https://apps.legislature.ky.gov/record/21RS/hb136.html
Text	https://apps.legislature.ky.gov/recorddocuments/bill/21RS/hb136/orig_bill.pdf
Supplement	https://apps.legislature.ky.gov/recorddocuments/note/21RS/hb136/LM.pdf
Supplement	https://apps.legislature.ky.gov/recorddocuments/note/21RS/hb136/CI.pdf