KRS § 218B.110 — KY Code / Title XVIII / Chapter 218B / Section 218B.110
218B.110 Dispensary and dispensary agent -- Permissible actions -- Requirements -- Liability in civil actions for failure to comply
Status: in_force

218B.110 Dispensary and dispensary agent -- Permissible actions -- Requirements -

- Liability in civil actions for failure to comply.

(1) A dispensary or dispensary agent acting on behalf of a dispensary shall not be

subject to prosecution under state or local law, to search or inspection except by the

cabinet pursuant to KRS 218B.100, to seizure or penalty in any manner, or be

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

disciplinary action by a court or business licensing board, for acting pursuant to this

chapter and the cabinet's administrative regulations for:

(a) Acquiring or possessing medicinal cannabis from a cultivator, processor, or

producer in this state;

(b) Acquiring or possessing medicinal cannabis accessories or educational

material;

(c) Supplying, selling, dispensing, distributing, or delivering medicinal cannabis,

medicinal cannabis accessories, and educational material to cardholders or

other dispensaries;

(d) Selling cannabis seeds to similar entities that are licensed to cultivate cannabis

in this state or in any other jurisdiction; or

(e) Acquiring, accepting, or receiving medicinal cannabis products from a

cardholder, except that a dispensary may not offer anything of monetary value

in return for medicinal cannabis received from a cardholder. Any medicinal

cannabis received by a dispensary under this paragraph or pursuant to KRS

218B.070 shall be destroyed by the dispensary or its agents and shall not be

sold, dispensed, or distributed to another cardholder.

(2) A dispensary or dispensary agent acting on behalf of a dispensary shall:

(a) Maintain records that include specific notations of the amount of medicinal

cannabis being dispensed to a cardholder and whether it was dispensed

directly to a registered qualified patient or visiting qualified patient, or to a

registered qualified patient's designated caregiver. Each entry shall include the

date and time the medicinal cannabis was dispensed. The data required to be

recorded by this paragraph shall be entered into the electronic monitoring

system established pursuant to KRS 218A.202 in accordance with

administrative regulations promulgated by the cabinet for the recording of

medicinal cannabis dispensing;

(b) Only dispense or sell medicinal cannabis after it has been checked by a safety

compliance facility agent for cannabinoid contents and contaminants in

accordance with administrative regulations promulgated by the cabinet;

(c) Only dispense or sell medicinal cannabis to a registered qualified patient,

visiting qualified patient, or designated caregiver after making a diligent effort

to verify:

1. That the registry identification card or, for visiting qualified patients, the

out-of-state registry identification card presented to the dispensary is

valid, including by checking the verification system, if it is operational,

or other cabinet-designated databases;

2. That the person presenting the registry identification card or, for visiting

qualified patients, the out-of-state registry identification card is at least

eighteen (18) years of age and is the person identified on the registry

identification card by examining at least one (1) other form of

government-issued photo identification; and

3. The amount of medicinal cannabis the person is legally permitted to

purchase pursuant to KRS 218B.025 by checking the electronic

monitoring system established pursuant to KRS 218A.202;

(d) 1. Upon dispensing medicinal cannabis to a cardholder:

a. Provide the cardholder with a copy of the Medicinal Cannabis

Advisory Pamphlet described in KRS 218B.140(2)(b) if:

i. It is the first time the patient has purchased medicinal

cannabis from the dispensary;

ii. It has been more than twelve (12) months since the

dispensary last provided the cardholder with a copy of the

pamphlet; or

iii. The content of the pamphlet has materially changed since the

dispensary last provided the cardholder with a copy of the

pamphlet;

b. Obtain the cardholder's signature as required by KRS

218B.140(2)(b); and

c. Retain the signature form as required by KRS 218B.140(2)(b).

2. The advisory pamphlet required to be provided to cardholders under

subparagraph 1. of this paragraph may be provided electronically, and

dispensaries may obtain and retain electronic signatures;

(e) Not acquire, possess, dispense, sell, offer for sale, transfer, or transport:

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;

(f) Not acquire medicinal cannabis from any person other than a cannabis

business licensed under this chapter, or an agent thereof, a registered qualified

patient, or a designated caregiver;

(g) Not sell or dispense medicinal cannabis products intended for consumption by

vaporizing to a cardholder who is younger than twenty-one (21) years of age

or to a designated caregiver for a registered qualified patient who is younger

than twenty-one (21) years of age;

(h) Not dispense or sell medicinal cannabis to a minor;

(i) Not dispense or sell more medicinal cannabis to a cardholder than he or she is

legally permitted to purchase at the time of the transaction; and

(j) Not rent office space to a medicinal cannabis practitioner.

(3) (a) A dispensary may operate a delivery service for cardholders and may deliver

medicinal cannabis, medicinal cannabis accessories, and educational material

to cardholders at the address identified on the cardholder's registry

identification.

(b) All delivery services operated or offered by a dispensary shall comply with

administrative regulations promulgated by the cabinet pursuant to this section

and KRS 218B.140.

(4) If a dispensary or dispensary agent fails to comply with subsection (2)(c), (d), (e),

(f), (g), or (h) of this section, the dispensary and dispensary agent are liable in a

civil action for compensatory and punitive damages and reasonable attorney's fees

to any person or the representative of the estate of any person who sustains injury,

death, or loss to person or property as a result of the failure to comply with

subsection (2)(c), (d), (e), (f), (g), or (h) of this section. In any action under this

subsection, the court may also award any injunctive or equitable relief that the court

considers appropriate.

(5) Notwithstanding any provision of law to the contrary, a dispensary licensed

pursuant to this chapter prior to January 1, 2025, shall not be permitted to open to

the public or otherwise engage in the practice of dispensing medicinal cannabis to

cardholders in the Commonwealth before January 1, 2025, except the provisions of

this subsection shall not prohibit a licensed dispensary from acquiring or possessing

medicinal cannabis products prior to January 1, 2025.