Kentucky House Bill 166 (Prior Session Legislation)

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Spectrum: Moderate Partisan Bill (Democrat 19-6)
Status: Introduced on January 10 2018 - 25% progression, died in chamber
Action: 2018-03-20 - discharge petition filed
Text: Latest bill text (Draft #1) [PDF]

Create new sections of KRS Chapter 218A to define terms; restrict medical cannabis to certain patients with qualifying debilitating conditions; establish requirements for cultivation, production, processing, distribution, and sale in compassion centers; establish requirements for patients, visiting patients, and caregivers; establish professional protections for practitioners; establish protections for cardholders; establish certain protections for cardholders; establish responsibilities for cardholders; allow restrictions on possession, possession while operating a motor vehicle, and smoking; clarify that use of medical cannabis by a qualifying patient is to be treated the same as use of prescribed pharmaceutical medications; establish additional protections for medical use; clarify that nothing in the bill requires government programs or private insurers to reimburse for the costs of use or prohibits an employer from disciplining an employee for workplace impairment; establish a medical purpose defense for some uses of medical cannabis; require establishment of a Cannabis Enforcement Program by the Department of Alcoholic Beverage Control to enforce the department's duties; establish a process for the department to increase the list of debilitating medical conditions; require testing and quality regulation of the production, cultivation, processing, and sale of medical cannabis; establish requirements for licenses, facilities security, transportation, training, packaging, labeling, health and safety; establish rules on advertising, additives, pesticides, single-serving limits for THC content, and requiring random sample testing and safe processing; require licensure and issuance of cards for all medical cannabis businesses; establish certain licensure and application fees; require department to issue registry cards to patients submitting the required information; establish procedures for denying an application; establish technical requirements for cards and for cardholders; establish cardholder fees and notification requirements; require 60% of the boards of medical cannabis businesses to be composed of individuals with 3 years of continuous Kentucky residence: establish 3 tiers of medical cannabis business regulation by gross receipts; establish requirements for applying producers, cultivators, distributors, and processors; establish requirements for cultivator businesses, including addressing expansion of crops to meet market needs; establish protections and responsibilities for compassion centers, cultivators, and safety compliance facilities; establish procedures for the department to suspend or revoke registration and licensure; establish rules for local sales, including a requirement that a local legislative body take action to approve medical cannabis businesses; establish a process for local ordinances and ballot initiatives; establish requirements for medical cannabis business agents; prohibit location of a medical cannabis business within a certain distance from a school; establish a requirement that compassion centers obtain usable medical cannabis from only certain licensed entities; establish recordkeeping requirements; protect certain records and information from disclosure via the Kentucky Open Records Act; require establishment of a verification system for use by law enforcement personnel and medical cannabis business agents; establish a 19-member oversight committee to advise the department; require an annual report to be sent to the Legislative Research Commission; establish authority for the department to promulgate regulations; establish a method by which any citizen may commence an action with the Franklin Circuit Court to compel the department to perform its duties; establish an alternative method to create a valid registry identification card if the department fails to act; clarify that the department's duties are administrative in nature; establish excise taxes of 10% for a cultivator, processor, or producer for selling directly to a compassion center; establish excise taxes of 5% for a cultivator, processor, or producer for selling to a distributor; establish excise taxes of 5% for a distributor selling to a compassion center; direct that 80% of revenues go to the administration of the medical cannabis trust fund for the operation of the Cannabis Enforcement Program; direct that 20% of revenues go to the local medical cannabis trust fund for enforcement of medical cannabis laws, medical cannabis licensing, hiring of drug recognition experts, local evidence-based drug rehabilitation projects, or educational activities within local jails; establish the medical cannabis trust fund and the local cannabis trust fund; APPROPRIATION.

AN ACT relating to medical cannabis and making an appropriation therefor.

Rep. John Sims [D]	Rep. George Brown [D]	Rep. Thomas Burch [D]	Rep. McKenzie Cantrell [D]
Rep. Jeffery Donohue [D]	Rep. Kelly Flood [D]	Rep. Alan Gentry [D]	Rep. Jim Gooch [R]
Rep. Derrick Graham [D]	Rep. Jeff Greer [D]	Rep. Chris Harris [D]	Rep. Angie Hatton [D]
Rep. Gary Herald [R]	Rep. Joni Jenkins [D]	Rep. Mary Marzian [D]	Rep. Jerry Miller [R]
Rep. Wesley Morgan [R]	Rep. Rick Nelson [D]	Rep. Jason Nemes [R]	Rep. Ruth Palumbo [D]
Rep. Rick Rand [D]	Rep. Dean Schamore [D]	Rep. Attica Scott [D]	Rep. William Wells [R]
Rep. Susan Westrom [D]

Date	Chamber	Action
2018-03-20	House	discharge petition filed
2018-02-08	House	posted in committee
2018-01-16	House	to Judiciary (H)
2018-01-10	House	introduced in House

Type	Source
Summary	http://www.lrc.ky.gov/record/18RS/HB166.htm
Text	http://www.lrc.ky.gov/recorddocuments/bill/18RS/HB166/bill.pdf
Supplement	http://www.lrc.ky.gov/recorddocuments/note/18RS/HB166/LM.pdf
Supplement	http://www.lrc.ky.gov/recorddocuments/note/18RS/HB166/CI.pdf