{"data":{"id":"us-ky/krs-218b.025","jurisdiction":"us-ky","citation":"KRS 218B.025","heading":"Registered and visiting qualified patients -- Designated caregivers --","body":"Exemption from prosecution -- Limitations on amount of cannabis to be in\npossession.\n(1) A registered qualified patient, except as provided in subsection (2) of  this section\nand KRS 218B.035, shall not be subject, under the laws of the Commonwealth, to\narrest, prosecution, or denial of any right or privilege, including but not limited to a\ncivil penalty or disciplinary action by a court or occupational or profess ional\nlicensing board, for the use of medicinal cannabis, if the registered qualified patient\ndoes not possess more than:\n(a) An amount of medicinal cannabis determined by the cabinet to constitute an\nuninterrupted thirty (30) day supply at his or her residence;\n(b) An amount of medicinal cannabis in excess of a thirty (30) day supply at his\nor her residence, in accordance with administrative regulations promulgated\npursuant to KRS 218B.140(1)(c)6.; or\n(c) An amount of medicinal cannabis determined by the c abinet to constitute an\nuninterrupted ten (10) day supply on his or her person, except that an amount\ngreater than a ten (10) day supply may be transported by a registered qualified\npatient from a dispensary to his or her residence if the medicinal cannabi s is\ncontained in a sealed package that requires at least a two (2) step process for\ninitial opening.\n(2) A registered qualified patient who is under eighteen (18) years of age shall not be\npermitted to possess, purchase, or acquire medicinal cannabis and shall only engage\nin the use of medicinal cannabis with the assistance of a designated caregiver who\nis the registered qualified patient's parent or legal guardian responsible for\nproviding consent for medical treatment.\n(3) A visiting qualified patient sh all not be subject, under the laws of the\nCommonwealth, to arrest, prosecution, or denial of any right or privilege, including\nbut not limited to civil penalty or disciplinary action by a court or occupational or\nprofessional licensing board, for the use o f medicinal cannabis, if the visiting\nqualified patient does not possess more than an amount of medicinal cannabis\ndetermined by the cabinet to constitute an uninterrupted ten (10) day supply on his\nor her person.\n(4) A designated caregiver shall not be su bject, under the laws of the Commonwealth,\nto arrest, prosecution, or denial of any right or privilege, including but not limited to\ncivil penalty or disciplinary action by a court or occupational or professional\nlicensing board, for assisting a registered  qualified patient to whom the designated\ncaregiver is connected through the cabinet's registration process with the use of\nmedicinal cannabis if the designated caregiver does not possess more than:\n(a) An amount of medicinal cannabis determined by the cab inet to constitute an\nuninterrupted thirty (30) day supply at his or her residence for each registered\nqualified patient to whom the caregiver is connected through the cabinet's\nregistration process;\n(b) An amount of medicinal cannabis in excess of a thirt y (30) day supply at his\nor her residence for each registered qualified patient to whom the caregiver is\nconnected through the cabinet's registration process, in accordance with\nadministrative regulations promulgated pursuant to KRS 218B.140(1)(c)6.; or\n(c) An amount of medicinal cannabis determined by the cabinet to constitute an\nuninterrupted ten (10) day supply on his or her person for each registered\nqualified patient to whom the caregiver is connected through the cabinet's\nregistration process, except that an amount greater than a ten (10) day supply\nmay be transported by a designated caregiver from a dispensary to his or her\nresidence if the medicinal cannabis is contained in a sealed package that\nrequires at least a two (2) step process for initial opening.\n(5) (a) All medicinal cannabis possessed by a cardholder outside of his or her\nresidence shall be kept in the original container in which the cardholder\nreceived the medicinal cannabis from a dispensary.\n(b) When a cardholder possesses medicinal cannabis outside of his or her\nresidence, the cardhold er shall also be in possession of a valid registry\nidentification card issued by the cabinet or, for visiting qualified patients, a\nvalid out -of-state registry identification card and documentation of having\nbeen diagnosed with a qualifying medical condition.\n(6) Notwithstanding subsections (1), (3), and (4) of this section and except as provided\nin administrative regulations promulgated pursuant to KRS 218B.140(1)(c)6.:\n(a) A registered qualified patient shall not be permitted to purchase more\nmedicinal cannabis than the amount determined by the cabinet to constitute an\nuninterrupted thirty (30) day supply of medicinal cannabis during a given\ntwenty-five (25) day period;\n(b) A designated caregiver shall not be permitted to purchase more medicinal\ncannabis t han the amount determined by the cabinet to constitute an\nuninterrupted thirty (30) day supply of medicinal cannabis for each registered\nqualified patient to whom the caregiver is connected through the cabinet's\nregistration process during a given twenty-five (25) day period; and\n(c) A visiting qualified patient shall not be permitted to purchase more medicinal\ncannabis than the amount determined by the cabinet to constitute an\nuninterrupted ten (10) day supply of medicinal cannabis during a given eight\n(8) day period.\n(7) A cardholder shall not be subject, under the laws of the Commonwealth, to arrest,\nprosecution, or denial of any right or privilege, including but not limited to a civil\npenalty or disciplinary action by a court or occupational or professio nal licensing\nboard, for:\n(a) Possession of cannabis that is incidental to the use of medicinal cannabis;\n(b) Possession of medicinal cannabis accessories; or\n(c) Transferring medicinal cannabis to a safety facility for testing.\n(8) No person shall be subj ect, under the laws of the Commonwealth, to arrest,\nprosecution, or denial of any right or privilege, including but not limited to a civil\npenalty or disciplinary action by a court or occupational or professional licensing\nboard, for:\n(a) Selling medicinal cannabis accessories to a cardholder who is over eighteen\n(18) years of age upon presentation of a valid registry identification card\nissued by the cabinet or, for visiting qualified patients, a valid out -of-state\nregistry identification card and document ation of having been diagnosed with\na qualifying medical condition;\n(b) Being in the presence or vicinity of the use of medicinal cannabis as allowed\nunder this chapter; or\n(c) Assisting a registered qualified patient or visiting qualified patient with usi ng\nor administering medicinal cannabis. For purposes of illustration and not\nlimitation, this includes preparing raw plant material or brewing tea for a\nregistered qualified patient or visiting qualified patient. It does not include\nproviding medicinal can nabis to a patient that the patient did not already\npossess.\n(9) Notwithstanding any other provision of law to the contrary, a registered qualified\npatient who is injured or defrauded, including by theft or deprivation of use and\nbenefit of any money, personal property including medicinal cannabis, or articles of\nvalue of any kind, by his or her designated caregiver shall have a civil cause of\naction in Circuit Court to recover the actual damages sustained, together with the\ncost of the lawsuit, including a reasonable fee for the individual's attorney of record.","path":["KRS Chapter 218B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54279","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:31Z","sha256":"858ef29c29f735f88a39c57732f5820eae1d91ef1d3a8a9b6786b3127dce2b75","source_id":"us-ky","stale":false,"prev":"us-ky/krs-218b.020","next":"us-ky/krs-218b.030"},"notice":"GroundRules: Original legal text. Not legal advice."}