KRS § 218B.025 — KY Code / Title XVIII / Chapter 218B / Section 218B.025
218B.025 Registered and visiting qualified patients -- Designated caregivers -- Exemption from prosecution -- Limitations on amount of cannabis to be in possession
Status: in_force

218B.025 Registered and visiting qualified patients -- Designated caregivers --

Exemption from prosecution -- Limitations on amount of cannabis to be in

possession.

(1) A registered qualified patient, except as provided in subsection (2) of this section

and KRS 218B.035, shall not be subject, under the laws of the Commonwealth, to

arrest, prosecution, or denial of any right or privilege, including but not limited to a

civil penalty or disciplinary action by a court or occupational or professional

licensing board, for the use of medicinal cannabis, if the registered qualified patient

does not possess more than:

(a) An amount of medicinal cannabis determined by the cabinet to constitute an

uninterrupted thirty (30) day supply at his or her residence;

(b) An amount of medicinal cannabis in excess of a thirty (30) day supply at his

or her residence, in accordance with administrative regulations promulgated

pursuant to KRS 218B.140(1)(c)6.; or

(c) An amount of medicinal cannabis determined by the cabinet to constitute an

uninterrupted ten (10) day supply on his or her person, except that an amount

greater than a ten (10) day supply may be transported by a registered qualified

patient from a dispensary to his or her residence if the medicinal cannabis is

contained in a sealed package that requires at least a two (2) step process for

initial opening.

(2) A registered qualified patient who is under eighteen (18) years of age shall not be

permitted to possess, purchase, or acquire medicinal cannabis and shall only engage

in the use of medicinal cannabis with the assistance of a designated caregiver who

is the registered qualified patient's parent or legal guardian responsible for

providing consent for medical treatment.

(3) A visiting qualified patient shall not be subject, under the laws of the

Commonwealth, to arrest, prosecution, or denial of any right or privilege, including

but not limited to civil penalty or disciplinary action by a court or occupational or

professional licensing board, for the use of medicinal cannabis, if the visiting

qualified patient does not possess more than an amount of medicinal cannabis

determined by the cabinet to constitute an uninterrupted ten (10) day supply on his

or her person.

(4) A designated caregiver shall not be subject, under the laws of the Commonwealth,

to arrest, prosecution, or denial of any right or privilege, including but not limited to

civil penalty or disciplinary action by a court or occupational or professional

licensing board, for assisting a registered qualified patient to whom the designated

caregiver is connected through the cabinet's registration process with the use of

medicinal cannabis if the designated caregiver does not possess more than:

(a) An amount of medicinal cannabis determined by the cabinet to constitute an

uninterrupted thirty (30) day supply at his or her residence for each registered

qualified patient to whom the caregiver is connected through the cabinet's

registration process;

(b) An amount of medicinal cannabis in excess of a thirty (30) day supply at his

or her residence for each registered qualified patient to whom the caregiver is

connected through the cabinet's registration process, in accordance with

administrative regulations promulgated pursuant to KRS 218B.140(1)(c)6.; or

(c) An amount of medicinal cannabis determined by the cabinet to constitute an

uninterrupted ten (10) day supply on his or her person for each registered

qualified patient to whom the caregiver is connected through the cabinet's

registration process, except that an amount greater than a ten (10) day supply

may be transported by a designated caregiver from a dispensary to his or her

residence if the medicinal cannabis is contained in a sealed package that

requires at least a two (2) step process for initial opening.

(5) (a) All medicinal cannabis possessed by a cardholder outside of his or her

residence shall be kept in the original container in which the cardholder

received the medicinal cannabis from a dispensary.

(b) When a cardholder possesses medicinal cannabis outside of his or her

residence, the cardholder shall also be in possession of 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.

(6) Notwithstanding subsections (1), (3), and (4) of this section and except as provided

in administrative regulations promulgated pursuant to KRS 218B.140(1)(c)6.:

(a) A registered qualified patient shall not be permitted to purchase more

medicinal cannabis than the amount determined by the cabinet to constitute an

uninterrupted thirty (30) day supply of medicinal cannabis during a given

twenty-five (25) day period;

(b) A designated caregiver shall not be permitted to purchase more medicinal

cannabis than the amount determined by the cabinet to constitute an

uninterrupted thirty (30) day supply of medicinal cannabis for each registered

qualified patient to whom the caregiver is connected through the cabinet's

registration process during a given twenty-five (25) day period; and

(c) A visiting qualified patient shall not be permitted to purchase more medicinal

cannabis than the amount determined by the cabinet to constitute an

uninterrupted ten (10) day supply of medicinal cannabis during a given eight

(8) day period.

(7) A cardholder shall not be subject, under the laws of the Commonwealth, to arrest,

prosecution, or denial of any right or privilege, including but not limited to a civil

penalty or disciplinary action by a court or occupational or professional licensing

board, for:

(a) Possession of cannabis that is incidental to the use of medicinal cannabis;

(b) Possession of medicinal cannabis accessories; or

(c) Transferring medicinal cannabis to a safety facility for testing.

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

prosecution, or denial of any right or privilege, including but not limited to a civil

penalty or disciplinary action by a court or occupational or professional licensing

board, for:

(a) Selling medicinal cannabis accessories to a cardholder who is over eighteen

(18) years of age upon presentation of 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;

(b) Being in the presence or vicinity of the use of medicinal cannabis as allowed

under this chapter; or

(c) Assisting a registered qualified patient or visiting qualified patient with using

or administering medicinal cannabis. For purposes of illustration and not

limitation, this includes preparing raw plant material or brewing tea for a

registered qualified patient or visiting qualified patient. It does not include

providing medicinal cannabis to a patient that the patient did not already

possess.

(9) Notwithstanding any other provision of law to the contrary, a registered qualified

patient who is injured or defrauded, including by theft or deprivation of use and

benefit of any money, personal property including medicinal cannabis, or articles of

value of any kind, by his or her designated caregiver shall have a civil cause of

action in Circuit Court to recover the actual damages sustained, together with the

cost of the lawsuit, including a reasonable fee for the individual's attorney of record.