{"data":{"id":"us-ky/krs-218b.045","jurisdiction":"us-ky","citation":"KRS 218B.045","heading":"Patient rights under state and local law -- Visitation and parenting time -","body":"- Medical care -- Schools -- Local board of education to establish policies.\n(1) A registered qualified patient or visiting qualified patient who uses med icinal\ncannabis shall be afforded all the same rights under state and local law, including\nthose guaranteed under KRS Chapter 344, as the individual would have been\nafforded if he or she were solely prescribed pharmaceutical medications as they\npertain to drug testing required by any state or local law.\n(2) A cardholder otherwise entitled to custody of, or visitation time or parenting time\nwith, a minor child shall not be denied that right, and there shall be no presumption\nof abuse, neglect, or dependency for conduct permitted under this chapter unless the\nperson's actions in relation to medicinal cannabis created an unreasonable danger to\nthe safety of the minor child as established by clear and convincing evidence.\n(3) (a) For the purposes of medical care , including organ transplants, a patient's\nauthorized use of medicinal cannabis is the equivalent of the authorized use of\nany other medication used at the direction of a practitioner.\n(b) A health facility as defined in KRS 216B.015 may develop policies t o allow a\npatient who is a registered qualified patient or visiting qualified patient to use\nmedicinal cannabis on the premises of the health facility.\n(4) (a) A school shall not refuse to enroll, or otherwise penalize, a person solely for\nhis or her statu s as a cardholder, unless failing to do so would violate federal\nlaw or regulations and cause the school to lose a monetary or licensing-related\nbenefit under federal law or regulations.\n(b) A school shall not be penalized or denied any benefit under state  law for\nenrolling a cardholder.\n(c) Each local board of education, each board of directors of a public charter\nschool, and the governing body of each certified nonpublic school shall, no\nlater than December 1, 2024, establish policies related to the use o f medicinal\ncannabis by a pupil who is a registered qualified patient on school property.\nPolicies enacted pursuant to this paragraph shall either prohibit the use of\nmedicinal cannabis on school property or permit the use of medicinal\ncannabis on school property by a pupil who is a registered qualified patient as\ndeemed necessary by the pupil's parent or legal guardian. If a local board of\neducation, the board of directors of a public charter school, or the governing\nbody of a certified nonpublic school en acts a policy to permit the use of\nmedicinal cannabis by a pupil who is a registered qualified patient, that policy\nshall:\n1. Require medicinal cannabis be administered:\na. i. By a school nurse or under the supervision of appropriate\nschool staff; or\nii. By the parent or legal guardian of the pupil who is a\nregistered qualified patient; and\nb. Out of view of other students; and\n2. Include a process by which a school nurse or oth er school staff member\nmay refuse to administer or supervise the administration of medicinal\ncannabis.","path":["KRS Chapter 218B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55795","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:31Z","sha256":"9a67a13908e5ff58cb220476da2e2d6baa0ff0aab734b1569a1b3bb40b5d442d","source_id":"us-ky","stale":false,"prev":"us-ky/krs-218b.040","next":"us-ky/krs-218b.050"},"notice":"GroundRules: Original legal text. Not legal advice."}