HB 136 - Authorizes Medical Marijuana - Kentucky Key Vote


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Title: Authorizes Medical Marijuana

Vote Smart's Synopsis:

Vote to pass a bill that authorizes medical marijuana.



  • Authorizes the use of medicinal cannabis by a cardholder if done in accordance with this act (Sec. 2).

  • Defines “cardholder” as (Sec. 1):

    • A registered qualified patient, designated caregiver, or visiting qualified patient who has applied for, obtained, and possesses a valid registry identification card issued by the department as required by this chapter; or

    • A visiting qualified patient who has obtained and possesses a valid registry identification card, or its equivalent, that was issued in another state, district, territory, or country recognized by the United States that allows the person to use cannabis for medicinal purposes.

  • Authorizes 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 if done in accordance with this act (Sec. 2).

  • Establishes the Division of Medicinal Cannabis within the Department for Public Health, which is charged with the implementation, operation, oversight, and regulation of the medicinal cannabis program (Sec. 3).

  • Specifies that nothing in this act can prohibit an employer from restricting or prohibiting the use of medicinal cannabis by their employees (Sec. 7).

  • Specifies that eligibility for a patient registry identification card requires that the individual (Sec. 11):

    • Is a resident of Kentucky;

    • Has been diagnosed with a qualifying medical condition;

    • Has obtained written certification from a practitioner; and

    • Has not been convicted of a disqualifying felony offense.

  • Prohibits cultivating, processing, producing, possessing, testing, transferring, transporting, or selling medicinal cannabis or otherwise operating a cannabis business without first obtaining a license (Sec. 16).

  • Authorizes a local government to (Sec. 26):

    • Enact ordinances regulating the time, place, and manner of cannabis business operations, though a local government cannot enact ordinances the impose an undue burden or make cannabis business operations unreasonable or impractical;

    • Prohibit all cannabis business operations within its territory through the passage of an ordinance; and

    • Enact resolutions directing that the question of prohibiting cannabis businesses from operating within its territory be submitted to the voters of its territory at the next regular election.

  • Requires the department to establish, maintain, and operate an electronic system for monitoring the medicinal cannabis program no later than January 1, 2021 (Sec. 28).

  • Requires the department, no later than January 1, 2021, to promulgate administrative regulations to establish a list of qualifying medical conditions, which must include at minimum (Sec. 28):

    • Chronic pain;

    • Epilepsy;

    • Multiple sclerosis; and

    • Nausea or vomiting.

  • Prohibits any raw plant marijuana material packaged or sold in the state from being consumed through smoking (Sec. 28).

  • Specifies that nothing in this act will require a government medical assistance program, private health insurer or workers’ compensation carrier, or self-funded employer providing workers’ compensation benefits to reimburse a person for costs associated with the medicinal use of cannabis (Sec. 29).

  • Establishes an excise tax on the gross receipts of a cultivator, processor, or producer received from the sale of medicinal cannabis by a cultivator, processor, or producer to a dispensary, effective January 1, 2021 (Sec. 33).