{"data":{"id":"us-ky/krs-218b.110","jurisdiction":"us-ky","citation":"KRS 218B.110","heading":"Dispensary and dispensary agent -- Permissible actions -- Requirements -","body":"- Liability in civil actions for failure to comply.\n(1) A dispensary or dispensary agent acting on behalf of a dispensary shall not be\nsubject to prosecution under state or local law, to search or inspection except by the\ncabinet pursuant to KRS 218B.100, to seizure or penalty in any manner, or be\ndenied any right or privilege, including but not limited to a civil penalty or\ndisciplinary action by a court or business licensing board, for acting pursuant to this\nchapter and the cabinet's administrative regulations for:\n(a) Acquiring or possessing medicinal cannabis from a cultivator, processor, or\nproducer in this state;\n(b) Acquiring or possessing medicinal cannabis accessories or educational\nmaterial;\n(c) Supplying, selling, dispensing, distributing, or delivering medicinal cannabis,\nmedicinal cannabis accessories, and educational material to cardholders or\nother dispensaries;\n(d) Selling cannabis seeds to similar entities that are licensed to cultivate cannabis\nin this state or in any other jurisdiction; or\n(e) Acquiring, accepting, or receiving medicinal cannabis products from a\ncardholder, except that a dispensary may not offer anything of monetary value\nin return for medicinal cannabis received from a cardholder. Any medicinal\ncannabis received by a dispensary under this paragraph or pursuant to KRS\n218B.070 shall be destroyed by the dispensary or its agents and shall not be\nsold, dispensed, or distributed to another cardholder.\n(2) A dispensary or dispensary agent acting on behalf of a dispensary shall:\n(a) Maintain records that include specific notations of the amount of medicinal\ncannabis being dispensed to a cardholder and whether it was dispensed\ndirectly to a registered qualified patient or visiting qualified patient, or to a\nregistered qualified patient's designated caregiver. Each entry shall include the\ndate and time the medicinal cannabis was dispensed. The data required to be\nrecorded by this paragraph sha ll be entered into the electronic monitoring\nsystem established pursuant to KRS 218A.202 in accordance with\nadministrative regulations promulgated by the cabinet for the recording of\nmedicinal cannabis dispensing;\n(b) Only dispense or sell medicinal cannab is after it has been checked by a safety\ncompliance facility agent for cannabinoid contents and contaminants in\naccordance with administrative regulations promulgated by the cabinet;\n(c) Only dispense or sell medicinal cannabis to a registered qualified pa tient,\nvisiting qualified patient, or designated caregiver after making a diligent effort\nto verify:\n1. That the registry identification card or, for visiting qualified patients, the\nout-of-state registry identification card presented to the dispensary is\nvalid, including by checking the verification system, if it is operational,\nor other cabinet-designated databases;\n2. That the person presenting the registry identification card or, for visiting\nqualified patients, the out -of-state registry identification card is at least\neighteen (18) years of age and is the person identified on the registry\nidentification card by examining at least one (1) other form of\ngovernment-issued photo identification; and\n3. The amount of medicinal cannabis the person is legally permitted to\npurchase pursuant to KRS 218B.025 by checking the electronic\nmonitoring system established pursuant to KRS 218A.202;\n(d) 1. Upon dispensing medicinal cannabis to a cardholder:\na. Provide the cardholder with a copy of the Medicinal Cannabis\nAdvisory Pamphlet described in KRS 218B.140(2)(b) if:\ni. It is the first time the patient has purchased medi cinal\ncannabis from the dispensary;\nii. It has been more than twelve (12) months since the\ndispensary last provided the cardholder with a copy of the\npamphlet; or\niii. The content of the pamphlet has materially changed since the\ndispensary last provided th e cardholder with a copy of the\npamphlet;\nb. Obtain the cardholder's signature as required by KRS\n218B.140(2)(b); and\nc. Retain the signature form as required by KRS 218B.140(2)(b).\n2. The advisory pamphlet required to be provided to cardholders under\nsubparagraph 1. of this paragraph may be provided electronically, and\ndispensaries may obtain and retain electronic signatures;\n(e) Not acquire, possess, dispense, sell, offer for sale, transfer, or transport:\n1. Raw plant material with a delta -9 tetrahydrocannabinol content of more\nthan thirty-five percent (35%);\n2. Medicinal cannabis products intended for oral consumption as an edible,\noil, or tincture with more than ten (10) milligrams of delta -9\ntetrahydrocannabinol per serving;\n3. Any medicinal cannabis pr oduct not described in subparagraph 1. or 2.\nof this paragraph with a delta -9 tetrahydrocannabinol content of more\nthan seventy percent (70%); or\n4. Any medicinal cannabis product that contains vitamin E acetate;\n(f) Not acquire medicinal cannabis from any  person other than a cannabis\nbusiness licensed under this chapter, or an agent thereof, a registered qualified\npatient, or a designated caregiver;\n(g) Not sell or dispense medicinal cannabis products intended for consumption by\nvaporizing to a cardholder who is younger than twenty -one (21) years of age\nor to a designated caregiver for a registered qualified patient who is younger\nthan twenty-one (21) years of age;\n(h) Not dispense or sell medicinal cannabis to a minor;\n(i) Not dispense or sell more medicinal cannabis to a cardholder than he or she is\nlegally permitted to purchase at the time of the transaction; and\n(j) Not rent office space to a medicinal cannabis practitioner.\n(3) (a) A dispensary may operate a delivery service for cardholders and may deli ver\nmedicinal cannabis, medicinal cannabis accessories, and educational material\nto cardholders at the address identified on the cardholder's registry\nidentification.\n(b) All delivery services operated or offered by a dispensary shall comply with\nadministrative regulations promulgated by the cabinet pursuant to this section\nand KRS 218B.140.\n(4) If a dispensary or dispensary agent fails to comply with subsection (2)(c), (d), (e),\n(f), (g), or (h) of this section, the dispensary and dispensary agent are liab le in a\ncivil action for compensatory and punitive damages and reasonable attorney's fees\nto any person or the representative of the estate of any person who sustains injury,\ndeath, or loss to person or property as a result of the failure to comply with\nsubsection (2)(c), (d), (e), (f), (g), or (h) of this section. In any action under this\nsubsection, the court may also award any injunctive or equitable relief that the court\nconsiders appropriate.\n(5) Notwithstanding any provision of law to the contrary, a dispensary licensed\npursuant to this chapter prior to January 1, 2025, shall not be permitted to open to\nthe public or otherwise engage in the practice of dispensing medicinal cannabis to\ncardholders in the Commonwealth before January 1, 2025, except the provisions of\nthis subsection shall not prohibit a licensed dispensary from acquiring or possessing\nmedicinal cannabis products prior to January 1, 2025.","path":["KRS Chapter 218B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54754","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:31Z","sha256":"decad795190b987fe976c41f66ce137ec27e388349c00b6298e52cfb4a6b97f9","source_id":"us-ky","stale":false,"prev":"us-ky/krs-218b.105","next":"us-ky/krs-218b.115"},"notice":"GroundRules: Original legal text. Not legal advice."}