{"data":{"id":"us-ky/krs-218b.090","jurisdiction":"us-ky","citation":"KRS 218B.090","heading":"Cabinet action on business license application -- Denial -- Procedures","body":"upon approval -- Administrative hearing and judicial review -- Licensed\ncannabis business subject to local government regulation.\n(1) The cabinet shall:\n(a) Acknowledge receipt of an application for a cannabis business license within\nfifteen (15) days of receipt;\n(b) Provide notification to the cannabis business license applicant as to whether\nthe application for a cannabis business license has been approved or denie d\nwithin forty-five (45) days of receiving a completed application; and\n(c) When reviewing and considering cannabis business applications, prioritize the\nreview of applications submitted by an individual or entity who is an existing\nKentucky hemp business in good standing with the Kentucky Department of\nAgriculture, if they meet the application requirements set forth in this chapter\nand administrative regulations promulgated by the cabinet thereunder.\n(2) The cabinet may deny an application for a cannabis b usiness license for any reason\nthat the cabinet, in the exercise of sound discretion, deems sufficient, including but\nnot limited to:\n(a) The applicant failed to submit the materials required by KRS 218B.085,\nincluding if the applicant's plans do not satis fy the security, oversight, or\nrecordkeeping administrative regulations promulgated by the cabinet;\n(b) The applicant falsifies information on the licensure application;\n(c) The applicant would not be in compliance with local cannabis business\nprohibitions enacted pursuant to KRS 218B.130;\n(d) One (1) or more of the prospective principal officers or board members:\n1. Has been convicted of a disqualifying felony offense, the provisions of\nKRS 335B.020 and 335B.030 notwithstanding;\n2. Has served as a principal officer or board member for a cannabis\nbusiness that has had its license revoked;\n3. Is younger than twenty-one (21) years of age; or\n4. Is a medicinal cannabis practitioner; or\n(e) 1. For a safety compliance facility, one (1) or more of the prospective\nprincipal officers or board members is a principal officer or board\nmember of a cultivator, processor, producer, or dispensary licensed to\noperate in Kentucky.\n2. For a cultivator, processor, producer, or dispensary, one (1) or more  of\nthe prospective principal officers or board members is a principal officer\nor board member of a safety compliance facility licensed to operate in\nKentucky.\n(3) If a cannabis business license application is approved:\n(a) The cannabis business shall, bef ore it begins operations, submit its complete\nphysical address and the global positioning system coordinates for any\ncultivation activities if a physical address or the global positioning system\ncoordinates for any cultivation activities had not been final ized when it\napplied; and\n(b) The cabinet shall:\n1. Issue a copy of the license that includes the business's identification\nnumber to the approved cannabis business;\n2. Provide a licensed dispensary with contact and access information for\nthe electronic mo nitoring system established pursuant to KRS\n218A.202; and\n3. Provide notice of licensure approval and issuance to the city and county\nin which the cannabis business intends to operate.\n(4) If a cannabis business license application is denied, the cabinet s hall notify the\napplicant in writing of a license denial and reasons by registered or certified mail at\nthe address given in the application or supplement. The applicant may, within thirty\n(30) days after the mailing of the cabinet's notice, file a written  request for an\nadministrative hearing on the application. The hearing shall be conducted on the\napplication in compliance with the requirements of KRS Chapter 13B. Final orders\nof the cabinet after administrative hearings shall be subject to judicial revi ew as\nprovided in KRS 13B.140. Jurisdiction and venue for judicial review are vested in\nthe Circuit Court of the county in which the applicant's business would be located.\n(5) Notwithstanding any provision of law to the contrary, a cannabis business licens ed\nby the cabinet pursuant to this chapter shall be subject to and required to comply\nwith:\n(a) Any subsequent action that may be taken pursuant to KRS 218B.130(2)(a) by\nthe local government within whose territory the cannabis business is licensed\nto operate if such action is taken prior to January 1, 2025, including but not\nlimited to the prohibition of cannabis business operations within the territory\nof the local government; and\n(b) Any local zoning ordinances and regulations that may be adopted pursuant  to\nKRS 218B.130(2)(b) by the local government within whose territory the\ncannabis business is licensed to operate.","path":["KRS Chapter 218B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54752","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:31Z","sha256":"2f05e8b41d7563fc2b724b1248583622351ed8e41ebe27f399a913860c622e23","source_id":"us-ky","stale":false,"prev":"us-ky/krs-218b.085","next":"us-ky/krs-218b.095"},"notice":"GroundRules: Original legal text. Not legal advice."}