{"data":{"id":"us-ky/krs-218b.140","jurisdiction":"us-ky","citation":"KRS 218B.140","heading":"Electronic monitoring system required capabilities -- Administrative","body":"regulations -- Medicinal cannabis adverse drug effects reporting system --\nMedicinal Cannabis Advisory Pamphlet.\n(1) No later than July 1, 2024, the cabinet shall:\n(a) Ensure that the electronic monitoring system established pursuant to KRS\n218A.202 is designed or configured to enable:\n1. Medicinal cannabis practitioners to record the issuance of written\ncertifications to qualified patients, as required by KRS 218B.050;\n2. The cabinet and state licensing boards to monitor the issuance of written\ncertifications by medicinal cannabis practitioners;\n3. Cabinet personnel, law enforcement personnel, and dispensary agents to\nverify the validity of registry identification cards issu ed by the cabinet\nby entering a registry identification number to determine whether or not\nthe identification number corresponds with a current, valid registry\nidentification card. The system shall only disclose whether the\nidentification card is valid and  whether the cardholder is a registered\nqualified patient, visiting qualified patient, or designated caregiver;\n4. Law enforcement personnel and dispensary agents to access medicinal\ncannabis sales data recorded by dispensary agents pursuant to KRS\n218B.110;\n5. Dispensary agents to record the amount of medicinal cannabis that is\ndispensed to a cardholder during each transaction as required by KRS\n218B.110; and\n6. The sharing of dispensing data recorded by dispensary agents pursuant\nto KRS 218B.110 with all dispensaries in real time;\n(b) Ensure that the electronic monitoring system esta blished pursuant to KRS\n218A.202 is designed to facilitate the tracking of medicinal cannabis from the\npoint of cultivation to the point of sale to cardholders; and\n(c) Promulgate administrative regulations in accordance with KRS Chapter 13A\nto establish:\n1. Procedures for the issuance, renewal, suspension, and revocation of\nregistry identification cards, including the creation of a standardized:\na. Written certification form; and\nb. Application form which the cabinet shall require to be notarized;\n2. Procedures for the issuance and revocation of registry identification\ncards;\n3. Procedures for the issuance, renewal, suspension, and revocation of\ncannabis business licenses, including the creation of a uniform licensure\napplication form which the cabinet shal l require to be notarized and\nminimal performance standards for a biennial accreditation process with\nall such procedures subject to the requirements of KRS Chapters 13A\nand 13B;\n4. A convenience fee to be assessed and collected by dispensaries for\nvisiting qualified patients who do not possess a valid registry\nidentification card issued by the cabinet and who purchase medicinal\ncannabis with an out -of-state registry identification card and\ndocumentation of having been diagnosed with a qualifying medical\ncondition. The convenience fee established pursuant to this\nsubparagraph shall not exceed fifteen dollars ($15) per transaction;\n5. In collaboration with the Board of Physicians and Advisors:\na. A definition of the amount of medicinal cannabis or delta -9\ntetrahydrocannabinol that constitutes a daily supply, an\nuninterrupted ten (10) day supply, and an uninterrupted thirty (30)\nday supply of medicinal cannabis; and\nb. The amount of raw plant material that medicinal cannabis products\nare considered to be equivalent to;\n6. A process by which a medicinal cannabis practitioner may recommend,\nand a registered qualified patient or his or her designated caregiver may\nlegally purchase and possess, an amount of medicinal cannabis in excess\nof the thirty (30) day supply of medicinal cannabis, if the medicinal\ncannabis practitioner reasonably believes that the standard thirty (30)\nday supply would be insufficient in providing the patient with\nuninterrupted therapeutic or palliative relief;\n7. Provisions governing the follo wing matters related to cannabis\nbusinesses with the goal of protecting against diversion and theft,\nwithout imposing any undue burden that would make cannabis business\noperations unreasonable or impractical on cannabis businesses or\ncompromising the confidentiality of cardholders:\na. Recordkeeping and inventory control requirements, including the\nuse of the electronic monitoring systems established pursuant to\nKRS 218A.202;\nb. Procedures for the verification and validation of a registry\nidentification card , or its equivalent, that was issued pursuant to\nthe laws of another state, district, territory, commonwealth, or\ninsular possession of the United States that allows for the use of\nmedicinal cannabis in the jurisdiction of issuance;\nc. Security requirements for safety compliance facilities, processors,\nproducers, dispensaries, and cultivators, which shall include at a\nminimum lighting, video security, alarm requirements, on -site\nparking, and measures to prevent loitering;\nd. Procedures for the secure transp ortation, including delivery\nservices provided by dispensaries, and storage of medicinal\ncannabis by cannabis business licensees and their employees or\nagents;\ne. Employment and training requirements for licensees and their\nagents, including requiring each licensee to create an identification\nbadge for each of the licensee's agents or employees; and\nf. Restrictions on visits to licensed cultivation and processing\nfacilities, including requiring the use of visitor logs;\n8. Procedures to establish, publish, a nd annually update a list of varieties\nof cannabis that possess a low but effective level of\ntetrahydrocannabinol, including the substance cannabidiol, by\ncomparing percentages of chemical compounds within a given variety\nagainst other varieties of cannabis;\n9. A rating system that tracks the terpene content of at least the twelve (12)\nmajor terpenoids within each strain of cannabis available for medicinal\nuse within the Commonwealth;\n10. Requirements for random sample testing of medicinal cannabis to\nensure quality control, including testing for cannabinoids, terpenoids,\nresidual solvents, pesticides, poisons, toxins, mold, mildew, insects,\nbacteria, and any other dangerous adulterant;\n11. Requirements for licensed cultivators, producers, and processors to\ncontract with an independent safety compliance facility to test the\nmedicinal cannabis before it is sold at a dispensary. The cabinet may\napprove the safety compliance facility chosen by a cultivator, producer,\nor processor and require that the safety comp liance facility report test\nresults for a designated quantity of medicinal cannabis to the cultivator,\nproducer, or processor and cabinet;\n12. Standards for the operation of safety compliance facilities which may\ninclude:\na. Requirements for equipment;\nb. Personnel qualifications; and\nc. Requiring facilities to be accredited by a relevant certifying entity;\n13. Standards for the packaging and labeling of medicinal cannabis sold or\ndistributed by cannabis businesses which shall comply with 15 U.S.C.\nsecs. 1471 to 1476 and shall include:\na. Standards for packaging that requires at least a two (2) step\nprocess of initial opening;\nb. A warning label which may include the length of time it typically\ntakes for the product to take effect, how long the effects of the\nproduct typically last, and any other information deemed\nappropriate or necessary by the cabinet;\nc. The a mount of medicinal cannabis the product is considered the\nequivalent to;\nd. Disclosing ingredients, possible allergens, and certain bioactive\ncomponents, including cannabinoids and terpenoids, as determined\nby the cabinet;\ne. A nutritional fact panel;\nf. Opaque, child-resistant packaging;\ng. A requirement that all raw plant material packaged or sold in this\nstate be marked or labeled as \"NOT INTENDED FOR\nCONSUMPTION BY SMOKING\";\nh. A requirement that medicinal cannabis products be clearly marked\nwith an ide ntifiable and standardized symbol indicating that the\nproduct contains cannabis;\ni. A requirement that all medicinal cannabis product packaging\ninclude an expiration date; and\nj. A requirement that medicinal cannabis products and their\npackaging not be vis ually reminiscent of major brands of edible\nnoncannabis products or otherwise present an attractive nuisance\nto minors;\n14. Health and safety requirements for the processing of medicinal cannabis\nand the indoor cultivation of medicinal cannabis by licensees;\n15. Restrictions on:\na. Additives to medicinal cannabis that are toxic, including vitamin E\nacetate, or increase the likelihood of addiction; and\nb. Pesticides, fertilizers, and herbicides used during medicinal\ncannabis cultivation which pose a threat t o human health and\nsafety;\n16. Standards for the safe processing of medicinal cannabis products created\nby extracting or concentrating compounds from raw plant material;\n17. Standards for determining the amount of unprocessed raw plant material\nthat medicinal cannabis products are considered the equivalent to;\n18. Restrictions on advertising, marketing, and signage in regard to\noperations or establishments owned by licensees necessary to prevent\nthe targeting of minors;\n19. The requirement that evidence -based educational materials regarding\ndosage and impairment be disseminated to registered qualified patients,\nvisiting qualified patients, and designated caregivers who purchase\nmedicinal cannabis products;\n20. Policies governing insurance requirements for cu ltivators, dispensaries,\nprocessors, producers, and safety compliance facilities; and\n21. Standards, procedures, or restrictions that the cabinet deems necessary\nto ensure the efficient, transparent, and safe operation of the medicinal\ncannabis program, ex cept that the cabinet shall not promulgate any\nadministrative regulation that would impose an undue burden or make\ncannabis business operations unreasonable or impractical.\n(2) No later than January 1, 2025, the cabinet shall:\n(a) Establish a medicinal can nabis adverse drug effects reporting system for the\npurpose of allowing cardholders to report adverse drug effects via telephone\nor online; and\n(b) In collaboration with the Board of Physicians and Advisors, produce the\nMedicinal Cannabis Advisory Pamphlet which shall include but not be limited\nto:\n1. Information on the risks, dangers, and possible side effects of the use of\nmedicinal cannabis;\n2. Information on the medicinal cannabis adverse drug effects reporting\nsystem and how to report adverse drug effects; and\n3. A detachable signature page which shall be:\na. Signed by a cardholder each time he or she receives a copy of the\nMedicinal Cannabis Advisory Pamphlet as required under KRS\n218B.110(2)(d); and\nb. Retained by the dispensary for a period of at least thirty -six (36)\nmonths.\n(3) The cabinet shall provide each licensed dispensary with an adequate number of\nMedicinal Ca nnabis Advisory Pamphlets to ensure that the dispensary is able to\ncomply with the requirements of KRS 218B.110(2)(d).\n(4) Except as provided in KRS 218B.035(1)(g), 218B.095(2)(b), 218.110(2)(e),\n218B.115(2), 218B.120(3), and subsection (1)(c)10., 13., 15. , and 16. of this\nsection, the cabinet shall not restrict or limit methods of delivery, use, or\nconsumption of medicinal cannabis or the types of products that may be acquired,\nproduced, processed, possessed, sold, or distributed by a cannabis business.\n(5) If a need for additional cannabis cultivation in this state is demonstrated by\ncannabis businesses or the cabinet's own analysis, the cabinet may through the\npromulgation of administrative regulations increase the cultivation area square\nfootage limits for either cultivators or producers, or both by up to three (3) times the\nlimits established in KRS 218B.105 and 218B.120. Any increase in the cultivation\nsquare footage limits adopted by the cabinet pursuant to this section shall not result\nin an increase in the licensure application or renewal fees established by the cabinet.\n(6) When promulgating administrative regulations under this section, the cabinet shall\nconsider standards, procedures, and restrictions that have been found to be best\npractices relative to the use and regulation of medicinal cannabis.","path":["KRS Chapter 218B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54620","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:31Z","sha256":"0ca798def89aaba0543e6a0437082d08df292e037487a64be189df041dccf265","source_id":"us-ky","stale":false,"prev":"us-ky/krs-218b.135","next":"us-ky/krs-218b.145"},"notice":"GroundRules: Original legal text. Not legal advice."}