{"data":{"id":"us-ky/krs-218b.015","jurisdiction":"us-ky","citation":"KRS 218B.015","heading":"Construction of chapter -- Applicability.","body":"(1) Nothing in this chapter shall be construed as applying to industrial hemp or\nindustrial hemp products as defined in KRS 260.850.\n(2) Notwithstanding any provision of law to the contrary, and except as provided in\nsubsections (3) and (4) of this section and KRS 218B.035:\n(a) The use of medicinal cannabis by a cardholder shall be considered lawful if\ndone in accordance with this chapter and any administrative regulations\npromulgated thereunder;\n(b) The acquisition, blending, cultivation, delivery, distributio n, manufacturing,\nmanipulation, packaging for sale, preparation, possession, sale, testing,\ntransportation, or transfer of medicinal cannabis or medicinal cannabis\naccessories by a cannabis business or cannabis business agent shall be\nconsidered lawful if done in accordance with this chapter and any\nadministrative regulations promulgated thereunder;\n(c) A registered qualified patient or visiting qualified patient shall not be\nconsidered to be under the influence of medicinal cannabis solely because of\nthe presence of tetrahydrocannabinol metabolites, including but not limited to\nthe cannabinoid carboxy THC, which is also known as THC-COOH;\n(d) A medicinal cannabis practitioner shall not be subject, under the laws of the\nCommonwealth, to arrest, prosecution, or penalty in any manner, or denied\nany right or privilege, including but not limited to a civil penalty or\ndisciplinary action by a state licensing board or by any other occupational or\nprofessional licensing board, solely for providing written certificat ions or for\notherwise stating that, in the medicinal cannabis practitioner's professional\nopinion, a patient may receive medical, therapeutic, or palliative benefit from\nthe use of medicinal cannabis, if done in accordance with this chapter;\n(e) An attorne y shall not be subject, under the laws of the Commonwealth, to\narrest, prosecution, or penalty in any manner, or denied any right or privilege,\nincluding but not limited to a civil penalty or disciplinary action by the\nKentucky Court of Justice, Kentucky B ar Association, or by any other\nprofessional licensing board, solely for providing an individual or cannabis\nbusiness with legal assistance related to activity that is no longer subject to\ncriminal penalties under state law pursuant to this chapter; and\n(f) No person shall be subject, under the laws of the Commonwealth, to arrest,\nprosecution, or penalty in any manner, or denied any right or privilege,\nincluding but not limited to a civil penalty or disciplinary action by an\noccupational or professional lic ensing board, solely for providing assistance\nor services, including but not limited to accounting services, financial\nservices, security services, or business consulting services, to any individual\nor cannabis business related to activity that is no longe r subject to criminal\npenalties under state law pursuant to this chapter.\n(3) Nothing in subsection (2) of this section shall be construed or interpreted to:\n(a) Prohibit the arrest, prosecution, or imposition of any other penalty arising\nfrom but not limi ted to breach of contract, breach of fiduciary duty,\nnegligence, or engaging in criminal activity that would constitute a felony or\nmisdemeanor; or\n(b) Prevent a medicinal cannabis practitioner from being subject to administrative\npenalties imposed by his or her state licensing board for any violation of this\nchapter or any administrative regulation promulgated thereunder.\n(4) Notwithstanding subsection (2) of this section and any other provision of law to the\ncontrary, a cardholder who is licensed under KRS Chapter 311 or KRS Chapter 314\nmay be subject to intervention or disciplinary action by his or her state licensing\nboard if:\n(a) There is probable cau se to believe that the cardholder has become impaired\nby, or otherwise abused, medicinal cannabis; or\n(b) The cardholder has a medically diagnosable disease that is characterized by\nchronic, habitual, or periodic use of medicinal cannabis resulting in\ninterference with the cardholder's professional, social, or economic functions\nin the community or the loss of powers of self -control regarding the use of\nmedicinal cannabis.","path":["KRS Chapter 218B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54278","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:31Z","sha256":"35538563bb362b5d8ccbf55f3533e2ccda960b44b943c3f665d234d6b1c48062","source_id":"us-ky","stale":false,"prev":"us-ky/krs-218b.010","next":"us-ky/krs-218b.020"},"notice":"GroundRules: Original legal text. Not legal advice."}