{"data":{"id":"us-ky/krs-218b.100","jurisdiction":"us-ky","citation":"KRS 218B.100","heading":"Cannabis businesses subject to reasonable inspection by the cabinet to","body":"evaluate compliance -- License suspension or revocation -- Notice required --\nAdministrative hearing and judicial review -- Permissible activities during\nsuspension.\n(1) (a) Cannabis businesses shall be subject to reasonable inspection and\ninvestigation by the cabinet pursuant to this subsection and the cabinet's\nprocedures or administrative regulations.\n(b) The cabinet may inspect any licensed cannabis business prem ises without\nhaving to first obtain a search warrant.\n(c) The executive director of the Office of Medical Cannabis, or the executive\ndirector's authorized representatives, shall have the authority to:\n1. Enter any cannabis business without delay or advance  notice during\nregular working hours and at other reasonable times to:\na. Inspect the premises;\nb. Privately question any owner, operator, agent, or employee of the\ncannabis business or an employee's representative; and\nc. Investigate conditions, facts, ma terials, practices, or other matters\ndeemed appropriate by the cabinet;\nto determine if the cannabis business is operating in compliance with\nthis chapter and any administrative regulations promulgated thereunder;\n2. Apply to the Circuit Court in the county in which the cannabis business\nis located for an order to enforce the right of entry if the cannabis\nbusiness refuses entry as permitted in this subsection;\n3. Following the completion of an inspection or investigation, confiscate,\npossess, transport, and destroy any medicinal cannabis deemed by the\nexecutive director, or the executive director's authorized representatives,\nto be noncompliant with the cultivation, processing, producing,\ntransporting, safety compliance, or dispensary sale standards established\nin this chapter or any administrative regulation promulgated thereunder;\n4. Administer oaths, examine witnesses under oath, take depositions,\ncertify official acts, review records and accounts, take photographs, and\nsecure any other evidence deemed necessary to evaluate compliance\nwith this chapter and any administrative regulations promulgated\nthereunder; and\n5. Issue subpoenas to compel the:\na. Attendance of witnesses and parties; and\nb. Production of books, accounts, correspondence, memoranda, and\nother materials or records considered necessary and relevant to a\nmatter under investigation by the cabinet.\n(d) If a witness or party fails to comply with a subpoena issued by the executive\ndirector or the executive director's authorized representatives, the executive\ndirector or the executive director's authorized representat ives may petition the\nCircuit Court of the county in which the witness or party is located to compel\ncompliance with the subpoena. Failure of a witness or party to comply with an\norder of the court issued pursuant to this paragraph shall constitute a basis  for\na finding of contempt by the court under KRS 432.230. In any proceeding\nbrought before a Circuit Court under this paragraph, the court may modify or\nset aside the subpoena.\n(2) The cabinet may, on its own motion or on complaint and after investigation ,\nsuspend or revoke a cannabis business license for multiple violations or a serious\nviolation of this chapter or any administrative regulations promulgated thereunder\nby the licensee or any of its agents. A suspension shall not be for a period of time\nlonger than six (6) months.\n(3) The cabinet shall provide notice of suspension, revocation, fine, or other penalty, as\nwell as the required notice of the hearing, by mailing, via certified mail, the same in\nwriting to the cannabis business at the address on the license. The cannabis business\nmay, within thirty (30) days after the date of the mailing of the cabinet's notice, file\na written request for an administrative hearing regarding the suspension, revocation,\nfine, or other penalty. The hearing shall be co nducted in compliance with the\nrequirements of KRS Chapter 13B.\n(4) Final orders of the cabinet after administrative hearings shall be subject to judicial\nreview. Jurisdiction and venue for judicial review are vested in the Circuit Court of\nthe county in which the cannabis business is physically located.\n(5) A cultivator may continue to cultivate and possess cannabis plants during a\nsuspension, but it shall not transfer or sell medicinal cannabis during a suspension.\n(6) A dispensary may continue to possess  its existing medicinal cannabis inventory\nduring a suspension, but it shall not acquire additional medicinal cannabis, or\ndispense, transfer, or sell medicinal cannabis during a suspension.\n(7) A processor may continue to process and possess its existing medicinal cannabis\ninventory during a suspension, but it shall not acquire additional medicinal\ncannabis, or dispense, transfer, or sell medicinal cannabis products during a\nsuspension.\n(8) A producer may continue to cultivate, process, and possess cannabi s plants and its\nexisting medicinal cannabis inventory during a suspension, but it shall not acquire\nadditional medicinal cannabis, or dispense, transfer, or sell medicinal cannabis\nduring a suspension.\n(9) A safety compliance facility may continue to poss ess medicinal cannabis during a\nsuspension, but it shall not receive any new medicinal cannabis, test or otherwise\nanalyze medicinal cannabis, or transfer or transport medicinal cannabis during a\nsuspension.","path":["KRS Chapter 218B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54753","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:31Z","sha256":"34e63fd237a94a9f723665ad9bd2f64bd00ede8c8b9ac613ec709849514cc72e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-218b.095","next":"us-ky/krs-218b.105"},"notice":"GroundRules: Original legal text. Not legal advice."}