KRS § 218B.055 — KY Code / Title XVIII / Chapter 218B / Section 218B.055
218B.055 Registry identification card required -- Written certification -- Visiting qualified patient -- Information required
Status: in_force

218B.055 Registry identification card required -- Written certification -- Visiting

qualified patient -- Information required.

(1) Except as provided in subsection (5) of this section, no person shall possess,

purchase, acquire, or otherwise engage or assist in the use of medicinal cannabis in

Kentucky without first applying for and receiving a registry identification card

issued by the cabinet.

(2) A person shall be eligible to apply for a registry identification card as a registered

qualified patient if he or she is a resident of Kentucky, has obtained a written

certification from a medicinal practitioner with whom he or she has a bona fide

practitioner-patient relationship, and has not been convicted of a disqualifying

felony offense.

(3) (a) Except as provided in paragraph (b) of this subsection, a person shall be

eligible to apply for a registry identification card as a designated caregiver if

he or she is a resident of Kentucky, is at least twenty-one (21) years of age,

has not been convicted of a disqualifying felony offense, and has agreed to

assist no more than three (3) registered qualified patients with the use of

medicinal cannabis.

(b) Any person who has been appointed as a guardian, limited guardian,

conservator, or limited conservator under KRS Chapter 387 shall be eligible

to be designated as a designated caregiver by the individual for whom they

have been appointed as a guardian, limited guardian, conservator, or limited

conservator.

(4) A person shall be eligible to apply for a registry identification card as a visiting

qualified patient if he or she is not a resident of Kentucky or has been a resident of

Kentucky for less than thirty (30) days, is at least twenty-one (21) years of age, has

not been convicted of a disqualifying felony offense, possesses a valid out-of-state

registry identification card, and possesses documentation of having been diagnosed

with a qualifying medical condition.

(5) A person with a valid out-of-state registry identification card and documentation of

having been diagnosed with a qualifying medical condition may use his or her out-

of-state registry identification card for all purposes established in this chapter and

shall not be required to apply for or receive a visiting qualified patient registry

identification card from the cabinet.

(6) To apply for or renew a registry identification card, a qualified patient shall submit

the following, in accordance with administrative regulations promulgated by the

cabinet:

(a) The name, address, and date of birth of the qualified patient, except that if the

applicant is homeless an address where the applicant may be reached shall be

provided to the cabinet;

(b) A written certification issued by a medicinal cannabis practitioner within sixty

(60) days immediately preceding the date of an application;

(c) The name, address, and telephone number of the qualified patient's medicinal

cannabis practitioner;

(d) The name, address, and date of birth of not more than two (2) individuals

chosen by the qualified patient to be designated as a caregiver, if the qualified

patient chooses to designate a caregiver, except that if an individual has been

appointed as a guardian, limited guardian, conservator, or limited conservator

under KRS Chapter 387, the qualified patient shall choose that individual as a

designated caregiver;

(e) A statement, signed by the qualified patient, pledging not to divert medicinal

cannabis to anyone who is not permitted to possess medicinal cannabis

pursuant to this chapter. The statement shall contain a listing of potential

penalties, including criminal prosecution, for diverting medicinal cannabis;

(f) A statement, signed by the individuals chosen by the qualified patient to be

designated as a caregiver, if any, agreeing to be designated as the patient's

designated caregiver and pledging not to divert medicinal cannabis to anyone

other than the registered qualified patient to whom the caregiver is connected

through the cabinet's registration process. The statement shall contain a listing

of potential penalties, including criminal prosecution, for diverting medicinal

cannabis; and

(g) The application or renewal fee for a registry identification card for a qualified

patient and the application or renewal fee for a registry identification card for

any designated caregiver chosen by the qualified patient.

(7) To apply for or renew a registry identification card, a qualified patient who is under

eighteen (18) years of age shall, in addition to the information required under

subsection (6) of this section, submit:

(a) Documentation of diagnosis of a qualifying medical condition by a

practitioner other than the medicinal cannabis practitioner who provided the

written certification for the use of medicinal cannabis; and

(b) A statement signed by the custodial parent or legal guardian with

responsibility for health care decisions for the qualified patient attesting to the

fact that the custodial parent or legal guardian agrees to:

1. Allow the qualified patient to use medicinal cannabis;

2. Serve as the qualified patient's designated caregiver; and

3. Control the acquisition, dosage, and frequency of use of medicinal

cannabis by the qualified patient.

(8) To apply for or renew a registry identification card, a visiting qualified patient shall

submit the following, in accordance with administrative regulations promulgated by

the cabinet:

(a) The name, address, and date of birth of the visiting qualified patient, except

that if the applicant is homeless an address where the applicant may be

reached shall be provided to the cabinet;

(b) A copy of his or her valid out-of-state registry identification card;

(c) Proof that he or she has been diagnosed with a qualifying medical condition;

(d) The application or renewal fee for a registry identification card for a visiting

qualified patient; and

(e) A statement, signed by the visiting qualified patient, pledging not to divert

medicinal cannabis to anyone who is not permitted to possess medicinal

cannabis pursuant to this chapter. The statement shall contain a listing of

potential penalties, including criminal prosecution, for diverting medicinal

cannabis.

(9) The application for qualified patients' registry identification cards shall ask whether

the patient would like the cabinet to notify him or her of any clinical studies

needing human subjects for research on the use of medicinal cannabis. The cabinet

shall notify interested patients if it is aware of studies that will be conducted in the

United States.

(10) A registered qualified patient applying to renew a registry identification card issued

by the cabinet shall be required to submit to the cabinet a written certification

issued by a medicinal cannabis practitioner within sixty (60) days immediately

preceding the date of a renewal application.