{"data":{"id":"us-ky/krs-218b.035","jurisdiction":"us-ky","citation":"KRS 218B.035","heading":"Criminal prosecution and disciplinary actions not precluded -- Driving","body":"under the influence.\n(1) This chapter does not authorize any person to engage in, and shall not prevent the\nimposition of any civil, criminal, or other penalt ies, including but not limited to\ncriminal prosecution or disciplinary action by the cabinet or an occupational or\nprofessional licensing board, for engaging in the following conduct:\n(a) Operating, navigating, or being in actual physical control of any ai rcraft,\nvehicle, vessel, or any other device known, or hereafter invented, that is\npowered by machinery and that is or may be used to transport persons or\nproperty while under the influence of medicinal cannabis;\n(b) Consuming medicinal cannabis while operating, navigating, or being in actual\nphysical control of an aircraft, vehicle, vessel, or any other device known, or\nhereafter invented, that is powered by machinery and that is or may be used to\ntransport persons or property;\n(c) Possessing medicinal can nabis that is within the operator's arm's reach or\nrequires less than a two (2) step process to access while operating, navigating,\nor being in actual physical control of an aircraft, vehicle, vessel, or any other\ndevice known, or hereafter invented, that is powered by machinery and that is\nor may be used to transport persons or property;\n(d) Undertaking any task under the influence of medicinal cannabis, when doing\nso would constitute negligence or professional malpractice;\n(e) Possessing medicinal cannabis, or otherwise engaging in the use of medicinal\ncannabis:\n1. On the grounds of any preschool or primary or secondary school, except\nas permitted in accordance with policies enacted pursuant to KRS\n218B.045(4);\n2. In any correctional facility; or\n3. On any property of the federal government;\n(f) Using marijuana, if that person is not a registered qualified patient or visiting\nqualified patient;\n(g) Using or consuming marijuana by smoking;\n(h) Using or consuming marijuana by vaping while on any form of  public\ntransportation, in any public place as defined in KRS 525.010, or in any place\nof public accommodation, resort, or amusement as defined in KRS 344.130;\nor\n(i) Cultivating marijuana unless that person is licensed by the cabinet as a\ncannabis cultiva tor or cannabis producer pursuant to KRS 218B.080,\n218B.085, and 218B.090 or is a cultivator or producer agent.\n(2) The penalty for a violation of subsection (1)(a) or (b) of this section shall be the\nsame as those established for operating a motor vehicle  under the influence of\nalcohol or any other substance in KRS 189A.010.\n(3) (a) An individual who violates subsection (1)(g) or (h) of this section shall not be\nconsidered to be in possession of medicinal cannabis or engaged in the use of\nmedicinal cannabis and shall not benefit from the legal protections afforded\nby this chapter.\n(b) The odor or smell of uncombusted raw plant material shall not constitute\nevidence of use or consumption of cannabis by smoking.\n(c) If an individual uses or consumes marijuana  by smoking or vaping while on\nany form of public transportation, in any public place as defined in KRS\n525.010, or in any place of public accommodation, resort, or amusement as\ndefined in KRS 344.130:\n1. The cabinet may revoke the individual's registry identification card; and\n2. The individual may be subject to prosecution under KRS 218A.1421\nand 218A.1422.\n(4) Nothing in this chapter supersedes statutory laws relating to driving while under the\ninfluence of intoxicants. This chapter shall not prevent the  enforcement of current\nlaws pertaining to driving while intoxicated, including KRS 183.061, 189.520,\n189A.010, and 235.240.\n(5) As used in this section:\n(a) \"Aircraft\" has the same meaning as in KRS 183.011;\n(b) \"Vehicle\" has the same meaning as in KRS 189.010; and\n(c) \"Vessel\" has the same meaning as in KRS 235.010.","path":["KRS Chapter 218B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55794","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:31Z","sha256":"f3a0cb7dda431ba2a2672741dd0999b878bf8560c0d5eca9f154adf4aedddc0f","source_id":"us-ky","stale":false,"prev":"us-ky/krs-218b.030","next":"us-ky/krs-218b.040"},"notice":"GroundRules: Original legal text. Not legal advice."}