KRS § 218B.095 — KY Code / Title XVIII / Chapter 218B / Section 218B.095
218B.095 Requirements for licensed businesses -- Prohibited activities -- Recordkeeping -- Transporting cannabis on behalf of business -- Cultivation in enclosed, locked facility -- Persons under age eighteen
Status: in_force

218B.095 Requirements for licensed businesses -- Prohibited activities --

Recordkeeping -- Transporting cannabis on behalf of business -- Cultivation in

enclosed, locked facility -- Persons under age eighteen.

(1) A cannabis business licensed under this chapter shall:

(a) Comply with this chapter and any administrative regulations promulgated

thereunder by the cabinet;

(b) Conduct a criminal background check into the criminal history of each person

seeking to become a principal officer, board member, agent, volunteer, or

employee before that person begins work. A cannabis business shall not

employ, accept as a volunteer, or have as a board member, principal officer,

or agent any person who:

1. Was convicted of a disqualifying felony offense; or

2. Is younger than twenty-one (21) years of age;

(c) Implement appropriate security measures to deter and prevent the theft of

medicinal cannabis and unauthorized entrance into areas containing medicinal

cannabis;

(d) Demonstrate sufficient capital such that it can establish its business and meet

the needs for its type of cannabis business;

(e) Display its license on the premises at all times; and

(f) Only acquire, possess, cultivate, manufacture, deliver, transfer, transport,

supply, or dispense medicinal cannabis:

1. For the purposes of distributing medicinal cannabis to cardholders who

possess a valid registry identification card issued by the cabinet, or for

visiting qualified patients, a valid out-of-state registry identification card

and documentation of having been diagnosed with a qualifying medical

condition; and

2. From a cannabis business licensed under this chapter.

(2) A cannabis business licensed under this chapter shall not:

(a) Be located within one thousand (1,000) feet of an existing elementary or

secondary school or a daycare center;

(b) Acquire, possess, cultivate, process, manufacture, deliver, transfer, transport,

supply, dispense, or sell:

1. Raw plant material with a delta-9 tetrahydrocannabinol content of more

than thirty-five percent (35%);

2. Medicinal cannabis products intended for oral consumption as an edible,

oil, or tincture with more than ten (10) milligrams of delta-9

tetrahydrocannabinol per serving;

3. Any medicinal cannabis product not described in subparagraph 1. or 2.

of this paragraph with a delta-9 tetrahydrocannabinol content of more

than seventy percent (70%); or

4. Any medicinal cannabis product that contains vitamin E acetate;

(c) Permit a person under eighteen (18) years of age to enter or remain on the

premises of a cannabis business;

(d) Permit a person who is not a cardholder to enter or remain on the premises of

a cannabis business, except in accordance with subsection (6) of this section;

(e) Employ, have as a board member, or be owned by, in part or in whole, a

medicinal cannabis practitioner; or

(f) Advertise medicinal cannabis sales in print, broadcast, online, by paid in-

person solicitation of customers, or by any other advertising device as defined

in KRS 177.830, except that this paragraph shall not prevent appropriate signs

on the property of a licensed cannabis business, listings in business directories

including phone books, listings in trade or medical publications, or

sponsorship of health or not-for-profit charity or advocacy events.

(3) The operating documents of a cannabis business shall include procedures for its

oversight and procedures to ensure accurate recordkeeping and inventory control.

(4) When transporting medicinal cannabis on behalf of a cannabis business that is

permitted to transport it, a cannabis business agent shall have:

(a) A copy of the cannabis business license for the business that employs the

agent;

(b) Documentation that specifies the amount of medicinal cannabis being

transported and the date on which it is being transported; and

(c) The cannabis business license number and telephone number of any other

cannabis business receiving or otherwise involved in the transportation of the

medicinal cannabis.

(5) The cultivation of medicinal cannabis for cannabis businesses licensed in this state

shall only be done by cultivators and producers licensed under this chapter and shall

only take place in an enclosed, locked facility which can only be accessed by

cultivator agents working on behalf of the cultivator or producer at the physical

address or global positioning system coordinates provided to the cabinet during the

license application process.

(6) A person who is at least eighteen (18) years of age but not a cardholder may be

allowed to enter and remain on the premises of a cannabis business if:

(a) The person is present at the cannabis business to perform contract work,

including but not limited to electrical, plumbing, or security maintenance, that

does not involve handling medicinal cannabis; or

(b) The person is a government employee and is at the cannabis business in the

course of his or her official duties.