Ky.gov

Regulations

Regulations

​​​​​​​​​​​​​​​​​​​​​​​​​​​​Kentucky Medical Cannabis Program Regulations

The Cabinet for Health and Family Services (“CHFS”) is responsible for developing specific regulations for the medical cannabis program. Other governing bodies may also issue rules and regulations tailored to their specific jurisdictions. Refer to Kentucky Cannabis Laws for an overview of the laws and regulations impacting the medical cannabis program in the commonwealth.

The language of KRS 218B.140(1)(c), provides the Cabinet will promulgate administrative regulations for, among other things, the following:​

  1. Procedures for the issuance, renewal, suspension, and revocation of cannabis business licenses.
  2. A convenience fee to be assessed and collected by dispensaries for visiting qualified patients.
  3. Provisions governing various aspects related to cannabis businesses, including recordkeeping, inventory control, verification of registry identification cards from other jurisdictions, security requirements, transportation procedures, employment and training requirements, and restrictions on facility visits.
  4. Procedures to establish, publish, and annually update a list of cannabis varieties with low but effective levels of tetrahydrocannabinol (THC).
  5. Requirements for random sample testing of medical cannabis to ensure quality control.
  6. Requirements for licensed cultivators, producers, and processors to contract with independent safety compliance facilities for testing medical cannabis.
  7. Standards for the operation of safety compliance facilities, including equipment, personnel qualifications, and accreditation requirements.
  8. Standards for the packaging and labeling of medical cannabis products, covering various aspects such as packaging, warning labels, disclosure of ingredients, nutritional facts, child-resistant packaging, and more.
  9. Health and safety requirements for the processing of medical cannabis and indoor cultivation by licensees.
  10. Restrictions on additives to medical cannabis that are toxic or increase the likelihood of addiction, as well as restrictions on harmful pesticides, fertilizers, and herbicides.
  11. Restrictions on advertising, marketing, and signage to prevent the targeting of minors.
  12. Standards for determining the amount of unprocessed raw plant material that medical cannabis products are considered equivalent to.
  13. Definition of daily, 10-day, and 30-day supplies of medical cannabis, as well as the equivalence of raw plant material.
  14. Standards for the safe processing of medical cannabis products created by extracting or concentrating compounds from raw plant material.

Administrative regulations related to patients and caregivers shall specify:

  1. Procedures for the issuance, renewal, suspension, and revocation of registry identification cards.
  2. A process by which a medical cannabis practitioner may recommend an amount of medical cannabis in excess of the standard 30-day supply if deemed necessary for uninterrupted therapeutic or palliative relief.
  3. Educational materials to be disseminated to registered qualified patients, visiting qualified patients, and designated caregivers regarding dosage and impairment.
​

R​egulations

On January 4, 2024, the Program filed 10 ordin​​ary regulations that will govern cannabis businesses. These regulations will go through the ordinary administrative regulation process, which you can read more about below under "Learn How Regulations Are Made."​


On March 14, 2024, the Program filed 5 ordinary regulations that will establish how medical cannabis patients and caregivers will participate in the Kentucky Medical Cannabis Program. These regulations will go through the ordinary administrative regulation process, which you can read more about below under "Learn How Regulations Are Made."​

​

On April 18, 2024, the Program filed 2 emergency regulations with accompanying identical ordinary regulations. These regulations provide how proposed cannabis businesses can apply to become licensed in the Commonwealth and the requirements following licensure. The emergency regulations take effect immediately. You can read the regulations below:​


Emergency Regulations:


Learn How Regulations Are Made​​​

​Through KRS Chapter 13A, state agencies propose and issue administrative regulations. There are two types of administrative regulations: ordinary and emergency. Emergency regulations are effective immediately upon filing with the Legislative Research Commission ("LRC") and remain in effect for 270 days. Ordinary regulations are effective following the standard public comment and legislative review process and remain in effect until amended or repealed by the promulgating state agency.

General Overview of Ordinary Administrative Regulation Process Cycle:

  1. Proposed regulation is filed by the agency.
  2. Proposed regulation is printed in the Administrative Register of Kentucky, usually on the 1st day of the month.
  3. Agency hearing and public comment period (dates provided in regulation filing) begins.
    1. The hearing may be cancelled if no written request to attend is received.
    2. If written comments are received, the state agency will consider the written comments and may amend the regulation in light of the comment(s).
  4. If the hearing was held or written comments were received, the agency shall file a Statement of Consideration discussing the comments received with the Regulations Compiler.
  5. Proposed regulation is reviewed by committee(s) of the Kentucky General Assembly.
  6. Proposed regulation goes into effect

Learn more about the regulation-making process.


How you can participate in the regulatory-makin​g process

The public is invited to provide feedback on proposed administrative regulations by submitting written comments to the promulgating agency and/or attending the public hearing. The promulgating agency reviews all comments received and may amend the proposed regulations as a result of comments.

Information about the public hearing and comment period is included in the administrative regulation when it is filed with the LRC. Specifically, this information will include:

  • The place, time, and date of the public hearing
  • The manner in which a person may submit written comments or a notification to attend the hearing
  • A statement specifying that unless a notification to attend the hearing is received no later than five (5) workdays prior to the hearing date, the hearing may be cancelled
  • The deadline for submitting written comments
  • The name, position, and contact information of the person to whom notifications and written comments shall be sent

You can also sign up for RegWatch, which is a free service that allows you to receive notice of administrative regulation filings in Kentucky.

Tips for submitting a comment

  • Submit contact information. We can reach out to you for further clarification or communication regarding your comment.
  • Include the section number or specific language relevant to your comment. This helps us understand what you're commenting on.
  • Be specific. Tell us how the regulation affects or would affect you. Include data or examples, where relevant. Comment only on what's being proposed. An agency will only consider comments related to the proposed regulations.
  • Phrase it as a statement. Instead of posing a question, phrase your comment as a statement. For example, instead of "What does this mean?" say "The wording of this section is confusing, so I don't understand what it would require me to do."
  • Tell us what you like, too. Share which proposals you like, not just the ones you want to see changed.
  • Share a suggestion if you have one. Tell us what you would prefer and why you think it would be better. Sharing an alternative helps us consider how the regulation could be made better.
  • You only need to submit once. Your comment is registered once, no matter how many times you send it.
  • Don't include confidential or private information. Comments become part of the public record. Don't include information that you wouldn't want shared with others.
  • Submit your comment by the deadline. Make sure your comment is submitted before the end of the designated comment period, so it can be considered.

What happens to public comments

Public agencies address comments received in a document called the Statement of Consideration, which is filed with the LRC at the conclusion of the comment process. This document provides a list of received comments and explanations for the agency's decisions on whether or not to amend the proposed regulations in response to those comments.


​