{"data":{"id":"us-ky/krs-218b.010","jurisdiction":"us-ky","citation":"KRS 218B.010","heading":"Definitions for chapter.","body":"For the purposes of this chapter, unless the context otherwise requires:\n(1) \"Bona fide practitioner -patient relationship\" means a treating or consulting\nrelationship, during the course of which a medicinal cannabis practitioner has:\n(a) Completed an initi al in -person examination and assessment of the patient's\nmedical history and current medical condition which shall include a review\nof:\n1. The patient's medical records for the previous twelve (12) months;\n2. All other available medical records relevant to  the patient's qualifying\nmedical condition;\n3. Any medications that the patient is currently taking; and\n4. Any other possible risks or side effects that may be associated with the\nuse of medicinal cannabis;\n(b) Consulted with the patient with respect to the possible medical, therapeutic,\nand palliative properties of medicinal cannabis;\n(c) Advised the patient of the possible risks and side effects associated with the\nuse of medicinal cannabis, including possible interactions between medicinal\ncannabis and any other drug or medication that the patient is taking at that\ntime; and\n(d) Established an expectation that he or she will provide follow -up care and\ntreatment to the patient in accordance with administrative regulations\npromulgated pursuant to KRS 218B.050(10);\n(2) \"Cabinet\" means the Cabinet for Health and Family Services;\n(3) \"Cannabis business\" means an entity licensed under this chapter as a cultivator,\ndispensary, processor, producer, or safety compliance facility;\n(4) \"Cannabis business agent\" means a principal officer, board member, employee,\nvolunteer, or agent of a cannabis business;\n(5) \"Cardholder\" means:\n(a) A registered qualified patient, designated caregiver, or visiting qualified\npatient who has applied for, obtained, and possesses a valid registry\nidentification card issued by the cabinet; or\n(b) A visiting qualified patient who has obtained and possesses:\n1. A valid out-of-state registry identification card; and\n2. Documentation of having been diagnosed with a qualifying medical\ncondition;\n(6) \"Cultivator\" means an entity licensed as such under KRS 218B.080, 218B.085, and\n218B.090;\n(7) \"Cultivator agent\" means a principal officer, board member, employee, volunteer,\nor agent of a cultivator;\n(8) \"Designated caregiver\" means a person who has registered as such with the cabinet\nunder KRS 218B.055 and 218B.060;\n(9) \"Dispensary\" m eans an entity licensed as such under KRS 218B.080, 218B.085,\nand 218B.090;\n(10) \"Dispensary agent\" means a principal officer, board member, employee, volunteer,\nor agent of a dispensary;\n(11) \"Disqualifying felony offense\" means:\n(a) A felony offense that  resulted in the person being classified by the\nDepartment of Corrections as a violent offender under KRS 439.3401; or\n(b) A violation of a state or federal controlled substance law that was classified as\na felony in the jurisdiction where the person was convicted, except:\n1. An offense for which the sentence, including any term of probation,\nincarceration, or supervised release, was completed five (5) or more\nyears earlier; or\n2. An offense that, as determined by the cabinet, consisted of conduct for\nwhich this chapter would likely have prevented a conviction, but the\nconduct either occurred prior to the enactment of this chapter or was\nprosecuted by an authority other than the Commonwealth of Kentucky;\n(12) \"Enclosed, locked facility\" means an indoor growi ng space such as a room,\ngreenhouse, building, or other indoor enclosed area that is maintained and operated\nby a cultivator or producer and is equipped with locks and other security devices\nthat permit access only by authorized agents of the cultivator or  producer, as\nrequired by the cabinet;\n(13) \"Growth area\" has the same meaning as an enclosed, locked facility;\n(14) \"Marijuana\" has the same meaning as in KRS 218A.010;\n(15) \"Medicinal cannabis\":\n(a) Means marijuana as defined in KRS 218A.010 when cultiva ted, harvested,\nprocessed, produced, transported, dispensed, distributed, sold, possessed, or\nused in accordance with this chapter;\n(b) Includes medicinal cannabis products and raw plant material; and\n(c) Does not include industrial hemp or industrial hemp  products as defined in\nKRS 260.850;\n(16) \"Medicinal cannabis accessories\" means any equipment, product, or material of any\nkind which is used, intended for use, or designed for use in the preparing, storing,\nusing, or consuming medicinal cannabis in accordance with this chapter;\n(17) \"Medicinal c annabis practitioner\" means a physician or an advanced practice\nregistered nurse who is authorized to prescribe controlled substances under KRS\n314.042, who is authorized by his or her state licensing board to provide written\ncertifications pursuant to KRS 218B.050;\n(18) \"Medicinal cannabis product\":\n(a) Means any compound, manufacture, salt, derivative, mixture, or preparation\nof any part of the plant Cannabis sp., its seeds or its resin; or any compound,\nmixture, or preparation which contains any quantity  of these substances when\ncultivated, harvested, processed, produced, transported, dispensed, distributed,\nsold, possessed, or used in accordance with this chapter; and\n(b) Does not include industrial hemp products as defined in KRS 260.850;\n(19) \"Minor\" means a person less than eighteen (18) years of age;\n(20) \"Out-of-state registry identification card\" means a registry identification card, or an\nequivalent document, that was issued pursuant to the laws of another state, district,\nterritory, commonwealth, or insular possession of the United States;\n(21) \"Processor\" means an entity licensed as such under KRS 218B.080, 218B.085, and\n218B.090;\n(22) \"Processor agent\" means a principal officer, board member, employee, volunteer, or\nagent of a processor;\n(23) \"Producer\" means an entity licensed as such under KRS 218B.080, 218B.085, and\n218B.090;\n(24) \"Producer agent\" means a principal officer, board member, employee, volunteer, or\nagent of a producer;\n(25) \"Qualified patient\" means a person who has obtained a writ ten certification from a\nmedicinal cannabis practitioner with whom he or she has a bona fide practitioner -\npatient relationship;\n(26) \"Qualifying medical condition\" means:\n(a) Any type or form of cancer regardless of stage;\n(b) Chronic, severe, intractable, or debilitating pain;\n(c) Epilepsy or any other intractable seizure disorder;\n(d) Multiple sclerosis, muscle spasms, or spasticity;\n(e) Chronic nausea or cyclical vomiting syndrome that has proven resistant to\nother conventional medical treatments;\n(f) Post-traumatic stress disorder; and\n(g) Any other medical condition or disease for which the Kentucky Center for\nCannabis established in KRS 164.983, or its successor, determines that\nsufficient scientific data and evidence exists to demonstrate that an indi vidual\ndiagnosed with that condition or disease is likely to receive medical,\ntherapeutic, or palliative benefits from the use of medicinal cannabis;\n(27) \"Raw plant material\":\n(a) Means the trichome -covered part of the female plant Cannabis sp. or any\nmixture of shredded leaves, stems, seeds, and flowers of the Cannabis sp.\nplant; and\n(b) Does not include plant material obtained from industrial hemp as defined in\nKRS 260.850;\n(28) \"Registered qualified patient\" means a qualified patient who has applied for ,\nobtained, and possesses a valid registry identification card issued by the cabinet;\n(29) \"Registry identification card\" means a document issued by the cabinet that\nidentifies a person as a registered qualified patient, visiting qualified patient, or\ndesignated caregiver;\n(30) \"Safety compliance facility\" means an entity licensed as such under KRS 218B.080,\n218B.085, and 218B.090;\n(31) \"Safety compliance facility agent\" means a principal officer, board member,\nemployee, volunteer, or agent of a safety compliance facility;\n(32) \"Seedling\" means a medicinal cannabis plant that has no flowers and is not taller\nthan eight (8) inches;\n(33) \"Serious violation\" means:\n(a) Any violation of this chapter or any administrative regulation promulgated\nthereunder that is capable of causing death or which causes serious and\nprolonged disfigurement, prolonged impairment of health, or prolonged loss\nor impairment of the function of any bodily organ;\n(b) The diversion of medicinal cannabis for use not regulated pursuant to this\nchapter; or\n(c) Any act that would constitute a violation of KRS 218A.1421;\n(34) \"Smoking\" means the inhalation of smoke produced from the combustion of raw\nplant material when ignited by a flame;\n(35) \"State licensing board\" means:\n(a) The Kentucky Board of Medical Licensure; or\n(b) The Kentucky Board of Nursing;\n(36) \"Telehealth\" has the same meaning as in KRS 211.332;\n(37) \"Use of medicinal cannabis\":\n(a) Includes the acquisition, administration, possession, transfer, transportation,\nor consumption of medicinal cannabis or medicinal cannabis accessories by a\ncardholder in accordance with this chapter; and\n(b) Does not include:\n1. Cultivation of marijuana by a cardholder;\n2. The use or consumption of marijuana by smoking; or\n3. The use of industrial hemp or industrial hemp products as defined in\nKRS 260.850;\n(38) \"Visiting qualified patient\" means a person who has registered as such through the\ncabinet as required under this chapter or who possesses a valid out -of-state registry\nidentification card and documentation of having been diagnosed with a qualifying\nmedical condition; and\n(39) \"Written certification\" means a document dated and signed by a medicinal cannab is\npractitioner, that:\n(a) States, that in the medicinal cannabis practitioner's professional medical\nopinion, the patient may receive medical, therapeutic, or palliative benefit\nfrom the use of medicinal cannabis;\n(b) Specifies the qualifying medical cond ition or conditions for which the\nmedicinal cannabis practitioner believes the patient may receive medical,\ntherapeutic, or palliative benefit; and\n(c) Affirms that the medicinal cannabis practitioner has a bona fide practitioner -\npatient relationship with the patient.","path":["KRS Chapter 218B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54615","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:31Z","sha256":"72dc4c48ba2a5e263bdbf793c44e977bbc9dde30c6db79e749b75a11106d6ad4","source_id":"us-ky","stale":false,"prev":"us-ky/krs-218a.994","next":"us-ky/krs-218b.015"},"notice":"GroundRules: Original legal text. Not legal advice."}