KRS § 218B.015 — KY Code / Title XVIII / Chapter 218B / Section 218B.015
218B.015 Construction of chapter -- Applicability
Status: in_force

218B.015 Construction of chapter -- Applicability.

(1) Nothing in this chapter shall be construed as applying to industrial hemp or

industrial hemp products as defined in KRS 260.850.

(2) Notwithstanding any provision of law to the contrary, and except as provided in

subsections (3) and (4) of this section and KRS 218B.035:

(a) The use of medicinal cannabis by a cardholder shall be considered lawful if

done in accordance with this chapter and any administrative regulations

promulgated thereunder;

(b) The acquisition, blending, cultivation, delivery, distribution, manufacturing,

manipulation, packaging for sale, preparation, possession, sale, testing,

transportation, or transfer of medicinal cannabis or medicinal cannabis

accessories by a cannabis business or cannabis business agent shall be

considered lawful if done in accordance with this chapter and any

administrative regulations promulgated thereunder;

(c) A registered qualified patient or visiting qualified patient shall not be

considered to be under the influence of medicinal cannabis solely because of

the presence of tetrahydrocannabinol metabolites, including but not limited to

the cannabinoid carboxy THC, which is also known as THC-COOH;

(d) A medicinal cannabis practitioner shall not be subject, under the laws of the

Commonwealth, to arrest, prosecution, or penalty in any manner, or denied

any right or privilege, including but not limited to a civil penalty or

disciplinary action by a state licensing board or by any other occupational or

professional licensing board, solely for providing written certifications or for

otherwise stating that, in the medicinal cannabis practitioner's professional

opinion, a patient may receive medical, therapeutic, or palliative benefit from

the use of medicinal cannabis, if done in accordance with this chapter;

(e) An attorney shall not be subject, under the laws of the Commonwealth, to

arrest, prosecution, or penalty in any manner, or denied any right or privilege,

including but not limited to a civil penalty or disciplinary action by the

Kentucky Court of Justice, Kentucky Bar Association, or by any other

professional licensing board, solely for providing an individual or cannabis

business with legal assistance related to activity that is no longer subject to

criminal penalties under state law pursuant to this chapter; and

(f) No person shall be subject, under the laws of the Commonwealth, to arrest,

prosecution, or penalty in any manner, or denied any right or privilege,

including but not limited to a civil penalty or disciplinary action by an

occupational or professional licensing board, solely for providing assistance

or services, including but not limited to accounting services, financial

services, security services, or business consulting services, to any individual

or cannabis business related to activity that is no longer subject to criminal

penalties under state law pursuant to this chapter.

(3) Nothing in subsection (2) of this section shall be construed or interpreted to:

(a) Prohibit the arrest, prosecution, or imposition of any other penalty arising

from but not limited to breach of contract, breach of fiduciary duty,

negligence, or engaging in criminal activity that would constitute a felony or

misdemeanor; or

(b) Prevent a medicinal cannabis practitioner from being subject to administrative

penalties imposed by his or her state licensing board for any violation of this

chapter or any administrative regulation promulgated thereunder.

(4) Notwithstanding subsection (2) of this section and any other provision of law to the

contrary, a cardholder who is licensed under KRS Chapter 311 or KRS Chapter 314

may be subject to intervention or disciplinary action by his or her state licensing

board if:

(a) There is probable cause to believe that the cardholder has become impaired

by, or otherwise abused, medicinal cannabis; or

(b) The cardholder has a medically diagnosable disease that is characterized by

chronic, habitual, or periodic use of medicinal cannabis resulting in

interference with the cardholder's professional, social, or economic functions

in the community or the loss of powers of self-control regarding the use of

medicinal cannabis.