AN ACT relating to cannabis.

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AN ACT relating to cannabis. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 218A IS CREATED TO 3
READ AS FOLLOWS: 4
(1) A person twenty -one (21) years of age or older who knowingly and unlawfully 5
possesses, traffics, or cultivates a personal use quantity of cannabis shall not be 6
subject to any penalty for that activity. 7
(2) Possession, trafficking, or cultivation of a personal use quantity of cannabis 8
under this section shall not be considered a criminal offense. 9
(3) A person shall not be subject to arrest for possession, trafficking, or cultivation of 10
a personal use quantity of cannabis. 11
(4) If a person has been released on probation, parole, conditional release, or other 12
form of release and is subject to conditions of supervision, then the possession, 13
trafficking, or cultivation of a personal use quant ity of cannabis shall not 14
constitute grounds for revocation or other sanctions. 15
Section 2. KRS 218A.010 is amended to read as follows: 16
As used in this chapter, unless the context otherwise requires: 17
(1) "Administer" means the direct application of a controlled substance, whether by 18
injection, inhalation, ingestion, or any other means, to the body of a patient or 19
research subject by: 20
(a) A practitioner or by his or her authorized agent under his or her immediate 21
supervision and pursuant to his or her order; or 22
(b) The patient or research subject at the direction and in the presence of the 23
practitioner; 24
(2) "Anabolic steroid" means any drug or hormonal substance chemically and 25
pharmacologically related to testosterone that promotes muscle growth and includes 26
those substances classified as Schedule III controlled substances pursuant to KRS 27
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218A.020 but does not include estrogens, progestins, and anticosteroids; 1
(3) "Cabinet" means the Cabinet for Health and Family Services; 2
(4) "Cannabis" means all parts of the plant Cannabis sp., whether growing or not; 3
the seeds thereof; the resin extracted from any part of the plant; and every 4
compound, manufacture, salt, derivative, mixture, or preparation of the plant, its 5
seeds or resin, or any compound, mixture, or preparation which contains any 6
quantity of these substances. The term "cannabis" does not include: 7
(a) Industrial hemp that is in the possessi on, custody, or control of a person 8
who holds a license issued by the Department of Agriculture permitting that 9
person to cultivate, handle, or process industrial hemp; 10
(b) Industrial hemp products that do not include any living plants, viable seeds, 11
or leaf materials; 12
(c) The substance cannabidiol, when transferred, dispensed, or administered 13
pursuant to the written order of a physician practicing at a hospital or 14
associated clinic affiliated with a Kentucky public university having a 15
college or school of medicine; 16
(d) For persons participating in a clinical trial or in an expanded access 17
program, a drug or substance approved for the use of those participants by 18
the United States Food and Drug Administration; 19
(e) A cannabidiol product derived from industria l hemp, as defined in KRS 20
260.850; 21
(f) For the purpose of conducting scientific research, a cannabinoid product 22
derived from industrial hemp, as defined in KRS 260.850; 23
(g) A cannabinoid product approved as a prescription medication by the United 24
States Food and Drug Administration; or 25
(h) Medicinal cannabis as defined in KRS 218B.010; 26
(5) "Cannabis accessory" means drug paraphernalia for the ingestion, inhalation, or 27
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storage of a personal use quantity of cannabis; 1
(6) "Carfentanil" means any substance containing any quantity of carfentanil, or any of 2
its salts, isomers, or salts of isomers; 3
(7)[(5)] "Certified community based palliative care program" means a palliative care 4
program which has received certification from the Joint Commission; 5
(8)[(6)] "Child" means any person under the age of majority as specified in KRS 6
2.015; 7
(9)[(7)] "Cocaine" means a substance containing any quantity of cocaine, its salts, 8
optical and geometric isomers, and salts of isomers; 9
(10)[(8)] "Controlled substance" means methamph etamine, or a drug, substance, or 10
immediate precursor in Schedules I through V and includes a controlled substance 11
analogue; 12
(11)[(9) (a)] "Controlled substance analogue[,]": 13
(a) Except as provided in paragraph (b) of this subsection, means a substance: 14
1. The chemical structure of which is substantially similar to the structure 15
of a controlled substance in Schedule I or II; and 16
2. Which has a stimulant, depressant, or hallucinogenic effect on the 17
central nervous system that is substantially similar to or g reater than the 18
stimulant, depressant, or hallucinogenic effect on the central nervous 19
system of a controlled substance in Schedule I or II; or 20
3. With respect to a particular person, which such person represents or 21
intends to have a stimulant, depressant, or hallucinogenic effect on the 22
central nervous system that is substantially similar to or greater than the 23
stimulant, depressant, or hallucinogen ic effect on the central nervous 24
system of a controlled substance in Schedule I or II; and[.] 25
(b) [Such term ]Does not include: 26
1. Any substance for which there is an approved new drug application; 27
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2. With respect to a particular person, any substance if a n exemption is in 1
effect for investigational use for that person pursuant to federal law to 2
the extent conduct with respect to such substance is pursuant to such 3
exemption; or 4
3. Any substance to the extent not intended for human consumption before 5
the exe mption described in subparagraph 2. of this paragraph takes 6
effect with respect to that substance; 7
(12)[(10)] "Counterfeit substance" means a controlled substance which, or the container 8
or labeling of which, without authorization, bears the trademark, tra de name, or 9
other identifying mark, imprint, number, or device, or any likeness thereof, of a 10
manufacturer, distributor, or dispenser other than the person who in fact 11
manufactured, distributed, or dispensed the substance; 12
(13)[(11)] "Dispense" means to de liver a controlled substance to an ultimate user or 13
research subject by or pursuant to the lawful order of a practitioner, including the 14
packaging, labeling, or compounding necessary to prepare the substance for that 15
delivery; 16
(14)[(12)] "Dispenser" means a person who lawfully dispenses a Schedule II, III, IV, or 17
V controlled substance to or for the use of an ultimate user; 18
(15)[(13)] "Distribute" means to deliver other than by administering or dispensing a 19
controlled substance; 20
(16)[(14)] "Dosage unit" mea ns a single pill, capsule, ampule, liquid, or other form of 21
administration available as a single unit; 22
(17)[(15)] "Drug" means: 23
(a) Substances recognized as drugs in the official United States Pharmacopoeia, 24
official Homeopathic Pharmacopoeia of the United States, or official National 25
Formulary, or any supplement to any of them; 26
(b) Substances intended for use in the diagnosis, care, mitigation, treatment, or 27
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prevention of disease in man or animals; 1
(c) Substances (other than food) intended to affect the structure or any function of 2
the body of man or animals; and 3
(d) Substances intended for use as a component of any article specified in this 4
subsection. 5
It does not include devices or their components, parts, or accessories; 6
(18)[(16)] "Fentanyl" means a su bstance containing any quantity of fentanyl, or any of 7
its salts, isomers, or salts of isomers; 8
(19)[(17)] "Fentanyl derivative" means a substance containing any quantity of any 9
chemical compound, except compounds specifically scheduled as controlled 10
substances by statute or by administrative regulation pursuant to this chapter, which 11
is structurally derived from 1-ethyl-4-(N-phenylamido) piperadine: 12
(a) By substitution: 13
1. At the 2-position of the 1-ethyl group with a phenyl, furan, thiophene, or 14
ethyloxotetrazole ring system; and 15
2. Of the terminal amido hydrogen atom with an alkyl, alkoxy, cycloalkyl, 16
or furanyl group; and 17
(b) Which may be further modified in one (1) or more of the following ways: 18
1. By substitution on the N -phenyl ring to any extent with alkyl, alkoxy, 19
haloalkyl, hydroxyl, or halide substituents; 20
2. By substitution on the piperadine ring to any extent with alkyl, allyl, 21
alkoxy, hydroxy, or halide substituents at the 2 -, 3 -, 5 -, and/or 6 - 22
positions; 23
3. By substitution on the piperadine rin g to any extent with a phenyl, 24
alkoxy, or carboxylate ester substituent at the 4- position; or 25
4. By substitution on the 1 -ethyl group to any extent with alkyl, alkoxy, or 26
hydroxy substituents; 27
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(20)[(18)] "Good-faith prior examination," as used in KRS Chapter 218A and for 1
criminal prosecution only, means an in -person medical examination of the patient 2
conducted by the prescribing practitioner or other health -care professional routinely 3
relied upon in the ordinary course of his or her practice, at which time the patient is 4
physically examined and a medical history of the patient is obtained. "In -person" 5
includes telehealth examinations. This subsection shall not be applicable to hospice 6
providers licensed pursuant to KRS Chapter 216B; 7
(21)[(19)] "Hazardous chemical substance" includes any chemical substance used or 8
intended for use in the illegal manufacture of a controlled substance as defined in 9
this section or the illegal manufacture of methamphetamine as defined in KRS 10
218A.1431, which: 11
(a) Poses an explosion hazard; 12
(b) Poses a fire hazard; or 13
(c) Is poisonous or injurious if handled, swallowed, or inhaled; 14
(22)[(20)] "Heroin" means a substance containing any quantity of heroin, or any of its 15
salts, isomers, or salts of isomers; 16
(23)[(21)] "Hydrocodone combination product" means a drug with: 17
(a) Not more than three hundred (300) milligrams of dihydrocodeinone, or any of 18
its salts, per one hundred (100) milliliters or not more than fifteen (15) 19
milligrams per dosage unit, with a fourfold or grea ter quantity of an 20
isoquinoline alkaloid of opium; or 21
(b) Not more than three hundred (300) milligrams of dihydrocodeinone, or any of 22
its salts, per one hundred (100) milliliters or not more than fifteen (15) 23
milligrams per dosage unit, with one (1) or mor e active, nonnarcotic 24
ingredients in recognized therapeutic amounts; 25
(24)[(22)] "Immediate precursor" means a substance which is the principal compound 26
commonly used or produced primarily for use, and which is an immediate chemical 27
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intermediary used or lik ely to be used in the manufacture of a controlled substance 1
or methamphetamine, the control of which is necessary to prevent, curtail, or limit 2
manufacture; 3
(25)[(23)] "Industrial hemp" has the same meaning as in KRS 260.850; 4
(26)[(24)] "Industrial hemp products" has the same meaning as in KRS 260.850; 5
(27)[(25)] "Intent to manufacture" means any evidence which demonstrates a person's 6
conscious objective to manufacture a controlled substance or methamphetamine. 7
Such evidence includes but is not limited to s tatements and a chemical substance's 8
usage, quantity, manner of storage, or proximity to other chemical substances or 9
equipment used to manufacture a controlled substance or methamphetamine; 10
(28)[(26)] "Isomer" means the optical isomer, except the Cabinet for Health and Family 11
Services may include the optical, positional, or geometric isomer to classify any 12
substance pursuant to KRS 218A.020; 13
(29)[(27)] "Manufacture," except as provided in KRS 218A.1431, means the production, 14
preparation, propagation, compo unding, conversion, or processing of a controlled 15
substance, either directly or indirectly by extraction from substances of natural 16
origin or independently by means of chemical synthesis, or by a combination of 17
extraction and chemical synthesis, and includ es any packaging or repackaging of 18
the substance or labeling or relabeling of its container except that this term does not 19
include activities: 20
(a) By a practitioner as an incident to his or her administering or dispensing of a 21
controlled substance in the course of his or her professional practice; 22
(b) By a practitioner, or by his or her authorized agent under his or her 23
supervision, for the purpose of, or as an incident to, research, teaching, or 24
chemical analysis and not for sale; or 25
(c) By a pharmacist as an incident to his or her dispensing of a controlled 26
substance in the course of his or her professional practice; 27
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(30)[(28)] "Marijuana" has the same meaning as "cannabis" in subsection (4) of this 1
section[means all parts of the plant Cannabis sp., whethe r growing or not; the seeds 2
thereof; the resin extracted from any part of the plant; and every compound, 3
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin 4
or any compound, mixture, or preparation which contains any qua ntity of these 5
substances. The term "marijuana" does not include: 6
(a) Industrial hemp that is in the possession, custody, or control of a person who 7
holds a license issued by the Department of Agriculture permitting that person 8
to cultivate, handle, or process industrial hemp; 9
(b) Industrial hemp products that do not include any living plants, viable seeds, 10
leaf materials, or floral materials; 11
(c) The substance cannabidiol, when transferred, dispensed, or administered 12
pursuant to the written order of a phys ician practicing at a hospital or 13
associated clinic affiliated with a Kentucky public university having a college 14
or school of medicine; 15
(d) For persons participating in a clinical trial or in an expanded access program, 16
a drug or substance approved for th e use of those participants by the United 17
States Food and Drug Administration; 18
(e) A cannabidiol product derived from industrial hemp, as defined in KRS 19
260.850; 20
(f) For the purpose of conducting scientific research, a cannabinoid product 21
derived from industrial hemp, as defined in KRS 260.850; 22
(g) A cannabinoid product approved as a prescription medication by the United 23
States Food and Drug Administration; or 24
(h) Medicinal cannabis as defined in KRS 218B.010]; 25
(31)[(29)] "Medical history," as used in KRS Chapter 218A and for criminal prosecution 26
only, means an accounting of a patient's medical background, including but not 27
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limited to prior medical conditions, prescriptions, and family background; 1
(32)[(30)] "Medical order," as used in KRS Chapter 218A and for criminal prosecution 2
only, means a lawful order of a specifically identified practitioner for a specifically 3
identified patient for the patient's health -care needs. "Medical order" may or may 4
not include a prescription drug order; 5
(33)[(31)] "Medical record," as used in KRS Chapter 218A and for criminal prosecution 6
only, means a record, other than for financial or billing purposes, relating to a 7
patient, kept by a practitioner as a result of the practitioner-patient relationship; 8
(34)[(32)] "Methamphetamine" means any substance that contains any quantity of 9
methamphetamine, or any of its salts, isomers, or salts of isomers; 10
(35)[(33)] "Narcotic drug" means any of the following, whether produced directly or 11
indirectly by extraction from substanc es of vegetable origin, or independently by 12
means of chemical synthesis, or by a combination of extraction and chemical 13
synthesis: 14
(a) Opium and opiate, and any salt, compound, derivative, or preparation of 15
opium or opiate; 16
(b) Any salt, compound, isomer, derivative, or preparation thereof which is 17
chemically equivalent or identical with any of the substances referred to in 18
paragraph (a) of this subsection, but not including the isoquinoline alkaloids 19
of opium; 20
(c) Opium poppy and poppy straw; 21
(d) Coca leav es, except coca leaves and extracts of coca leaves from which 22
cocaine, ecgonine, and derivatives of ecgonine or their salts have been 23
removed; 24
(e) Cocaine, its salts, optical and geometric isomers, and salts of isomers; 25
(f) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; and 26
(g) Any compound, mixture, or preparation which contains any quantity of any of 27
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the substances referred to in paragraphs (a) to (f) of this subsection; 1
(36)[(34)] "Opiate" means any substance having an addiction -forming or addiction -2
sustaining liability similar to morphine or being capable of conversion into a drug 3
having addiction -forming or addiction -sustaining liability. It does not include, 4
unless specifically designated as controlled under KRS 218A.020, the 5
dextrorotatory isomer of 3 -methoxy-n-methylmorphinan and its salts 6
(dextromethorphan). It does include its racemic and levorotatory forms; 7
(37)[(35)] "Opium poppy" means the plant of the species papaver somniferum L., except 8
its seeds; 9
(38)[(36)] "Person" me ans individual, corporation, government or governmental 10
subdivision or agency, business trust, estate, trust, partnership or association, or any 11
other legal entity; 12
(39) "Personal use quantity of cannabis" means: 13
(a) One (1) ounce or less of cannabis in plant form; 14
(b) Five (5) grams or less of resin or concentrates derived from hemp, 15
cannabis, or cannabinoids, excluding the estimated weight of any 16
noncannabis ingredients combined with the cannabis; 17
(c) Cannabis products containing one thousand (1,000) mil ligrams or less of 18
delta-9 tetrahydrocannabinol and one thousand (1,000) milligrams or less 19
of delta-8 tetrahydrocannabinol; or 20
(d) Five (5) or fewer plants of cannabis; 21
(40)[(37)] "Physical injury" has the same meaning as[it has] in KRS 500.080; 22
(41)[(38)] "Poppy straw" means all parts, except the seeds, of the opium poppy, after 23
mowing; 24
(42)[(39)] "Pharmacist" means a natural person licensed by this state to engage in the 25
practice of the profession of pharmacy; 26
(43)[(40)] "Practitioner" means a physician, dentist, podiatrist, veterinarian, scientific 27
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investigator, optometrist as authorized in KRS 320.240, advanced practice 1
registered nurse as authorized under KRS 314.011, physician assistant as authorized 2
under KRS 311.858, or other person licensed, regist ered, or otherwise permitted by 3
state or federal law to acquire, distribute, dispense, conduct research with respect to, 4
or to administer a controlled substance in the course of professional practice or 5
research in this state. "Practitioner" also includes a physician, dentist, podiatrist, 6
veterinarian, or advanced practice registered nurse authorized under KRS 314.011 7
who is a resident of and actively practicing in a state other than Kentucky and who 8
is licensed and has prescriptive authority for controlled substances under the 9
professional licensing laws of another state, unless the person's Kentucky license 10
has been revoked, suspended, restricted, or probated, in which case the terms of the 11
Kentucky license shall prevail; 12
(44)[(41)] "Practitioner-patient r elationship," as used in KRS Chapter 218A and for 13
criminal prosecution only, means a medical relationship that exists between a 14
patient and a practitioner or the practitioner's designee, after the practitioner or his 15
or her designee has conducted at least one (1) good-faith prior examination; 16
(45)[(42)] "Prescription" means a written, electronic, or oral order for a drug or 17
medicine, or combination or mixture of drugs or medicines, or proprietary 18
preparation, signed or given or authorized by a medical, dent al, chiropody, 19
veterinarian, optometric practitioner, or advanced practice registered nurse, and 20
intended for use in the diagnosis, cure, mitigation, treatment, or prevention of 21
disease in man or other animals; 22
(46)[(43)] "Prescription blank," with referen ce to a controlled substance, means a 23
document that meets the requirements of KRS 218A.204 and 217.216; 24
(47)[(44)] "Presumptive probation" means a sentence of probation not to exceed the 25
maximum term specified for the offense, subject to conditions otherwi se authorized 26
by law, that is presumed to be the appropriate sentence for certain offenses 27
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designated in this chapter, notwithstanding contrary provisions of KRS Chapter 1
533. That presumption shall only be overcome by a finding on the record by the 2
sentencing court of substantial and compelling reasons why the defendant cannot be 3
safely and effectively supervised in the community, is not amenable to community -4
based treatment, or poses a significant risk to public safety; 5
(48)[(45)] "Production" includes the manufacture, planting, cultivation, growing, or 6
harvesting of a controlled substance; 7
(49)[(46)] "Recovery program" means an evidence-based, nonclinical service that assists 8
individuals and families working toward sustained recovery from substance use and 9
other criminal risk factors. This can be done through an array of support programs 10
and services that are delivered through residential and nonresidential means; 11
(50)[(47)] "Salvia" means Salvia divinorum or Salvinorin A and includes all parts of the 12
plant presently classified botanically as Salvia divinorum, whether growing or not, 13
the seeds thereof, any extract from any part of that plant, and every compound, 14
manufacture, d erivative, mixture, or preparation of that plant, its seeds, or its 15
extracts, including salts, isomers, and salts of isomers whenever the existence of 16
such salts, isomers, and salts of isomers is possible within the specific chemical 17
designation of that plant, its seeds, or extracts. The term shall not include any other 18
species in the genus salvia; 19
(51)[(48)] "Second or subsequent offense" means that for the purposes of this chapter an 20
offense is considered as a second or subsequent offense, if, prior to hi s or her 21
conviction of the offense, the offender has at any time been convicted under this 22
chapter, or under any statute of the United States, or of any state relating to 23
substances classified as controlled substances or counterfeit substances, except that 24
a prior conviction for a nontrafficking offense shall be treated as a prior offense 25
only when the subsequent offense is a nontrafficking offense. For the purposes of 26
this section, a conviction voided under KRS 218A.275 or 218A.276 shall not 27
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constitute a conviction under this chapter; 1
(52)[(49)] "Sell" means to dispose of a controlled substance to another person for 2
consideration or in furtherance of commercial distribution; 3
(53)[(50)] "Serious physical injury" has the same meaning as[it has] in KRS 500.080; 4
(54)[(51)] "Synthetic cannabinoids or piperazines" means any chemical compound 5
which is not approved by the United States Food and Drug Administration or, if 6
approved, which is not dispensed or possessed in accordance with state and federal 7
law, that con tains Benzylpiperazine (BZP); Trifluoromethylphenylpiperazine 8
(TFMPP); 1,1 -Dimethylheptyl-11-hydroxytetrahydrocannabinol (HU -210); 1 -9
Butyl-3-(1-naphthoyl)indole; 1 -Pentyl-3-(1-naphthoyl)indole; dexanabinol (HU -10
211); or any compound in the following structural classes: 11
(a) Naphthoylindoles: Any compound containing a 3 -(1-naphthoyl)indole 12
structure with substitution at the nitrogen atom of the indole ring by an alkyl, 13
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1 -(N-methyl-2-14
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further 15
substituted in the indole ring to any extent and whether or not substituted in 16
the naphthyl ring to any extent. Examples of this structural class include but 17
are not limited to JWH-015, JWH-018, JWH-019, JWH-073, JWH-081, JWH-18
122, JWH-200, and AM-2201; 19
(b) Phenylacetylindoles: Any compound containing a 3 -phenylacetylindole 20
structure with substitution at the nitrogen atom of the indole ring by an alkyl, 21
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl , 1 -(N-methyl-2-22
piperidinyl)methyl, or 2 -(4-morpholinyl)ethyl group whether or not further 23
substituted in the indole ring to any extent and whether or not substituted in 24
the phenyl ring to any extent. Examples of this structural class include but are 25
not limited to JWH-167, JWH-250, JWH-251, and RCS-8; 26
(c) Benzoylindoles: Any compound containing a 3-(benzoyl)indole structure with 27
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substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 1
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1 -(N-methyl-2-2
piperidinyl)methyl, or 2 -(4-morpholinyl)ethyl group whether or not further 3
substituted in the indole ring to any extent and whether or not substituted in 4
the phenyl ring to any extent. Examples of this structural class include but are 5
not limited to AM-630, AM-2233, AM-694, Pravadoline (WIN 48,098), and 6
RCS-4; 7
(d) Cyclohexylphenols: Any compound containing a 2 -(3-8
hydroxycyclohexyl)phenol structure with substitution at the 5 -position of the 9
phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethy l, 10
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2 -(4-morpholinyl)ethyl 11
group whether or not substituted in the cyclohexyl ring to any extent. 12
Examples of this structural class include but are not limited to CP 47,497 and 13
its C8 homologue (cannabicyclohexanol); 14
(e) Naphthylmethylindoles: Any compound containing a 1H -indol-3-yl-(1-15
naphthyl)methane structure with substitution at the nitrogen atom of the 16
indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 17
1-(N-methyl-2-piperidinyl)methyl, or 2 -(4-morpholinyl)ethyl group whether 18
or not further substituted in the indole ring to any extent and whether or not 19
substituted in the naphthyl ring to any extent. Examples of this structural class 20
include but are not limited to JWH-175, JWH-184, and JWH-185; 21
(f) Naphthoylpyrroles: Any compound containing a 3 -(1-naphthoyl)pyrrole 22
structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, 23
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1 -(N-methyl-2-24
piperidinyl)methyl, or 2 -(4-morpholinyl)ethyl group whether or not further 25
substituted in the pyrrole ring to any extent and whether or not substituted in 26
the naphthyl ring to any extent. Examples of this structural class include but 27
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are not limited to JWH-030, JWH-145, JWH-146, JWH-307, and JWH-368; 1
(g) Naphthylmethylindenes: Any compound containing a 1 -(1-2
naphthylmethyl)indene structure with substitution at the 3 -position of the 3
indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 4
1-(N-methyl-2-piperidinyl)methyl, or 2 -(4-morpholinyl)ethyl group whether 5
or not further substituted in the indene ring to any extent and whether or not 6
substituted in the naphthyl ring to any extent. Examples of this structural class 7
include but are not limited to JWH-176; 8
(h) Tetramethylcyclopropanoylindoles: Any compound containing a 3 -(1-9
tetramethylcyclopropoyl)indole structure with substitution at the nitrogen 10
atom of the indole ring by an alkyl, haloalkyl, cycloalkylmethyl, 11
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2 -(4-morpholinyl)ethyl 12
group, whether or not further substituted in the indole ring to any extent and 13
whether or not further substituted in the tetramethylcyclopropyl ring to any 14
extent. Examples of this structural class include but are not limited to UR-144 15
and XLR-11; 16
(i) Adamantoylindoles: Any compound containing a 3 -(1-adamantoyl)indole 17
structure with substitution at the nitrogen atom of the indole ring by an alkyl, 18
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1 -(N-methyl-2-19
piperidinyl)methyl, or 2 -(4-morpholinyl)ethyl group, whether or not further 20
substituted in the indole ring to any extent and whether or not substituted in 21
the adamantyl ring system to any extent. Examples of this structural class 22
include but are not limited to AB-001 and AM-1248; or 23
(j) Any other synthetic cannabinoid or piperazine which is not approved by the 24
United States Food and Drug Administration or, if approved, which is not 25
dispensed or possessed in accordance with state and federal law; 26
(55)[(52)] "Synthetic cathinones" means any chemical compound which is not approved 27
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by the United States Food and Drug Administration or, if approved, which is not 1
dispensed or possessed in accordance with state and federal law (not including 2
bupropion or compounds listed under a different schedule) structurally derived from 3
2-aminopropan-1-one by substitution at the 1 -position with either phenyl, naphthyl, 4
or thiophene ring systems, whether or not the compound is further modified in one 5
(1) or more of the following ways: 6
(a) By substitution in the ring system to any extent with alkyl, alkylenedioxy, 7
alkoxy, haloalkyl, hydroxyl, or halide substituents, whether or not further 8
substituted in the ring system by one (1) or more other univalent substituents. 9
Examples of thi s class include but are not limited to 3,4 -10
Methylenedioxycathinone (bk-MDA); 11
(b) By substitution at the 3 -position with an acyclic alkyl substituent. Examples 12
of this class include but are not limited to 2 -methylamino-1-phenylbutan-1-13
one (buphedrone); 14
(c) By substitution at the 2 -amino nitrogen atom with alkyl, dialkyl, benzyl, or 15
methoxybenzyl groups, or by inclusion of the 2 -amino nitrogen atom in a 16
cyclic structure. Examples of this class include but are not limited to 17
Dimethylcathinone, Ethcathinone, an d -Pyrrolidinopropiophenone (-PPP); 18
or 19
(d) Any other synthetic cathinone which is not approved by the United States 20
Food and Drug Administration or, if approved, is not dispensed or possessed 21
in accordance with state or federal law; 22
(56)[(53)] "Synthetic drugs" means any synthetic cannabinoids or piperazines or any 23
synthetic cathinones; 24
(57)[(54)] "Telehealth" has the same meaning as[it has] in KRS 211.332; 25
(58)[(55)] "Tetrahydrocannabinols" means synthetic equivalents of the substances 26
contained in the plant, or in the resinous extractives of the plant Cannabis, sp. or 27
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synthetic substances, derivatives, and their isomers with similar chemical structure 1
and pharmacological activity such as the following: 2
(a) Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers; 3
(b) Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; and 4
(c) Delta 3, 4 cis or trans tetrahydrocannabinol, and its optical isomers; 5
(59)[(56)] "Traffic," e xcept as provided in KRS 218A.1431, means to manufacture, 6
distribute, dispense, sell, transfer, or possess with intent to manufacture, distribute, 7
dispense, or sell a controlled substance; 8
(60)[(57)] "Transfer" means to dispose of a controlled substance to another person 9
without consideration and not in furtherance of commercial distribution; and 10
(61)[(58)] "Ultimate user" means a person who lawfully possesses a controlled substance 11
for his or her own use or for the use of a member of his or her household or for 12
administering to an animal owned by him or her or by a member of his or her 13
household. 14
Section 3. KRS 218A.1422 is amended to read as follows: 15
(1) A person is guilty of possession of cannabis[marijuana] when he or she knowingly 16
and unlawfully possesses cannabis[marijuana], and the possession is not in 17
compliance with, or otherwise authorized by, KRS Chapter 218B. 18
(2) Possession of cannabis[marijuana] is a Class B misdemeanor, except that, KRS 19
Chapter 532 to the contrary notwithstanding, the maximum term of incarceration 20
shall be no greater than forty-five (45) days. 21
(3) This section does not apply to: 22
(a) A cannabis business or a cannabis business agent, as defined in KRS 23
218B.010, when acting in compliance with KRS Chapter 218B;[ or] 24
(b) A cardholder, as defined in KRS 218 B.010, whose use of medicinal cannabis 25
is in compliance with KRS Chapter 218B; or 26
(c) A person who possesses a personal use quantity of cannabis. 27
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Section 4. KRS 218A.1421 is amended to read as follows: 1
(1) A person is gu ilty of trafficking in cannabis[marijuana] when he or she knowingly 2
and unlawfully traffics in cannabis[marijuana], and the trafficking is not in 3
compliance with, or otherwise authorized by, KRS Chapter 218B. 4
(2) Unless authorized by KRS Chapter 218B, trafficking in less than eight (8) ounces of 5
cannabis[marijuana] is: 6
(a) For a first offense a Class A misdemeanor; and[.] 7
(b) For a second or subsequent offense a Class D felony. 8
(3) Unless authorized by KRS Chapter 218B, trafficking in eight (8) or more ounc es 9
but less than five (5) pounds of cannabis[marijuana] is: 10
(a) For a first offense a Class D felony; and[.] 11
(b) For a second or subsequent offense a Class C felony. 12
(4) Unless authorized by KRS Chapter 218B, trafficking in five (5) or more pounds of 13
cannabis[marijuana] is: 14
(a) For a first offense a Class C felony; and[.] 15
(b) For a second or subsequent offense a Class B felony. 16
(5) Unless authorized by KRS Chapter 218B, the unlawful possession by any person of 17
eight (8) or more ounces of cannabis[marijuana] shall be prima facie evidence that 18
the person possessed the cannabis[marijuana] with the intent to sell or transfer it. 19
(6) This section does not apply to: 20
(a) A cannabis business or a cannabis business agent, as defined in KRS 21
218B.010, when acting in compliance with KRS Chapter 218B;[ or] 22
(b) A cardholder, as defined in KRS 218B.010, whose use of medicinal cannabis 23
is in compliance with KRS Chapter 218B; or 24
(c) A person who traffics a personal use quantity of cannabis. 25
Section 5. KRS 218A.1423 is amended to read as follows: 26
(1) A person is guilty of cannabis[marijuana] cultivation when he or she knowingly 27
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and unlawfully plants, cultivates, or harvests cannabis[marijuana] with the intent to 1
sell or transfer it, and the cultivation is not in compliance with, or otherwise 2
authorized by, KRS Chapter 218B. 3
(2) Unless authorized by KRS Chapter 218B, cannabis[marijuana] cultivation of five 4
(5) or more plants of cannabis[marijuana] is: 5
(a) For a first offense a Class D felony; and[.] 6
(b) For a second or subsequent offense a Class C felony. 7
(3) [Unless authorized by KRS Chapter 218B, marijuana ] Cultivation of a personal 8
use quantity of cannabis shall not: 9
(a) Be subject to any penalty; 10
(b) Be considered a criminal offense; or 11
(c) Subject a person to arrest for cannabis cultivation [fewer than five (5) plants 12
is: 13
(a) For a first offense a Class A misdemeanor. 14
(b) For a second or subsequent offense a Class D felony]. 15
(4) Unless authorized by KRS Chapter 218B, the planting, cultivating, or harvesting of 16
more than five (5) [ or more] cannabis[marijuana] plants shall be prima facie 17
evidence that the cannabis[marijuana] plants were planted, cultivated, or harvested 18
for the purpose of sale or transfer. 19
(5) This section does not apply to: 20
(a) A cannabis business or a cannabis business agent, as defined in KRS 21
218B.010, when acting in compliance with KRS Chapter 218B; or 22
(b) A person who cultivates a personal use quantity of cannabis. 23
Section 6. KRS 218A.500 is amended to read as follows: 24
As used in this section and KRS 218A.510: 25
(1) "Drug paraphernalia" means all equipment, products and materials of any kind 26
which are used, intended for use, or designed for use in planting, propagating, 27
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cultivating, growing, harvesting, manufacturing, compounding, converting, 1
producing, processing, preparing, testing, analyzing, packaging, repackaging, 2
storing, containing, concealing, injecting, ingesting, inhaling, or otherwise 3
introducing into the human body a controlled substance in violation of this chapter. 4
The term "drug paraphernalia" does not include medicinal cannabis accessories as 5
defined in KRS 218B.010. It includes but is not limited to: 6
(a) Kits used, intended for use, or designed for use in planting, propagating, 7
cultivating, growing, or harvesting of any species of plant which is a 8
controlled substance or from which a controlled substance can be derived; 9
(b) Kits used, intended for use, or designed for use in manufacturing, 10
compounding, converting, producing, processing, or preparing controlled 11
substances; 12
(c) Isomerization devices used, intended for use, or designed for use in increasing 13
the potency of any species of plant which is a controlled substance; 14
(d) Except as provided in subsection (7) of this section, testing equipment used, 15
intended for use, or designed for use in analyzing the strength, effectiveness, 16
or purity of controlled substances; 17
(e) Scales and balances used, intended for use, or designed for use in weighing or 18
measuring controlled substances; 19
(f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, 20
dextrose and lactose, used, intended for use, or de signed for use in cutting 21
controlled substances; 22
(g) Separation gins and sifters used, intended for use, or designed for use in 23
removing twigs and seeds from, or in otherwise cleaning or refining 24
cannabis[marijuana]; 25
(h) Blenders, bowls, containers, spoons , and mixing devices used, intended for 26
use, or designed for use in compounding controlled substances; 27
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(i) Capsules, balloons, envelopes, and other containers used, intended for use, or 1
designed for use in packaging small quantities of controlled substances; 2
(j) Containers and other objects used, intended for use, or designed for use in 3
storing or concealing controlled substances; 4
(k) Hypodermic syringes, needles, and other objects used, intended for use, or 5
designed for use in parenterally injecting controlled substances into the human 6
body; and 7
(l) Objects used, intended for use, or designed for use in ingesting, inhaling, or 8
otherwise introducing cannabis[marijuana], cocaine, hashish, or hashish oil 9
into the human body, such as: metal, wooden, acrylic, gl ass, stone, plastic, or 10
ceramic pipes with or without screens, permanent screens, hashish heads, or 11
punctured metal bowls; water pipes; carburetion tubes and devices; smoking 12
and carburetion masks; roach clips which mean objects used to hold burning 13
material, such as cannabis[marijuana] cigarettes, that have become too small 14
or too short to be held in the hand; miniature cocaine spoons, and cocaine 15
vials; chamber pipes; carburetor pipes; electric pipes; air -driven pipes; 16
chillums; bongs; ice pipes or chillers. 17
(2) Except for cannabis accessories, it is unlawful for any person to use, or to possess 18
with intent to use, drug paraphernalia for the purpose of planting, propagating, 19
cultivating, growing, harvesting, manufacturing, compounding, converting, 20
producing, processing, preparing, testing, analyzing, packing, repacking, storing, 21
containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into 22
the human body a controlled substance in violation of this chapter. 23
(3) Except for cannabis accessories, it is unlawful for any person to deliver, possess 24
with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, 25
knowing, or under circumstances where one reasonably should know, that it will be 26
used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, 27
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produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, 1
ingest, inhale, or otherwise introduce into the human body a controlled substance in 2
violation of this chapter. 3
(4) It is unlawful for any person to place in any newspaper, magazine, handbill, or 4
other publication any advertisement, knowing, or under circumstances where one 5
reasonably should know, that the purpose of the advertisement, in whole or in part, 6
is to promote the sale of objects designed or intended for use as drug paraphernalia. 7
(5) (a) This section shall not prohibit a local health department from operating a 8
substance abuse treatment outreach program which allows participants to 9
exchange hypodermic needles and syringes. 10
(b) To operate a substance abuse treatment outreach program under this 11
subsection, the local health department shall have the consent, which may be 12
revoked at any time, of the local board of health and: 13
1. The legisla tive body of the first or home rule class city in which the 14
program would operate if located in such a city; and 15
2. The legislative body of the county, urban -county government, or 16
consolidated local government in which the program would operate. 17
(c) Items exchanged at the program shall not be deemed drug paraphernalia under 18
this section while located at the program. 19
(6) (a) Prior to searching a person, a person's premises, or a person's vehicle, a peace 20
officer may inquire as to the presence of needles or o ther sharp objects in the 21
areas to be searched that may cut or puncture the officer and offer to not 22
charge a person with possession of drug paraphernalia if the person declares 23
to the officer the presence of the needle or other sharp object. If, in respon se 24
to the offer, the person admits to the presence of the needle or other sharp 25
object prior to the search, the person shall not be charged with or prosecuted 26
for possession of drug paraphernalia for the needle or sharp object or for 27
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possession of a contro lled substance for residual or trace drug amounts 1
present on the needle or sharp object. 2
(b) The exemption under this subsection shall not apply to any other drug 3
paraphernalia that may be present and found during the search or to controlled 4
substances present in other than residual or trace amounts. 5
(7) (a) This section shall not prohibit the retail sale of hypodermic syringes and 6
needles without a prescription in pharmacies. 7
(b) Hypodermic syringe and needle inventory of a pharmacy shall not be deemed 8
drug paraphernalia under this section. 9
(c) 1. Except as provided in subparagraph 2. of this paragraph, narcotic drug 10
testing products utilized in determining whether a controlled substance 11
contains a synthetic opioid or its analogues shall not be deemed drug 12
paraphernalia under this section. 13
2. A narcotic drug testing product that is utilized in conjunction with the 14
importation, manufacture, or selling of fentanyl or a fentanyl analogue 15
in violation of this chapter shall be deemed drug paraphernalia under 16
this section. 17
(d) Notwithstanding any other statute to the contrary, possession of a narcotic 18
drug testing product used in accordance with paragraph (c)1. of this 19
subsection that contains residual or trace amounts of a synthetic opioid or an 20
analogue thereof s hall not be prosecuted as possession of a controlled 21
substance under any provision of this chapter. 22
(8) Any person who violates any provision of this section shall be guilty of a Class A 23
misdemeanor. 24
Section 7. KRS 218A.410 is amended to read as follows: 25
(1) The following are subject to forfeiture: 26
(a) Controlled substances listed in Schedule I that are possessed, transferred, sold, 27
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or offered for sale in violation of this chapter are contraband and shall be 1
seized and summarily forfeited to the state; 2
(b) Controlled substances listed in Schedule I, which are seized or come into the 3
possession of the state, the owners of which are unknown, are contraband and 4
shall be summarily forfeited to the state; 5
(c) Species of plants from which controlled substances in Schedules I and II may 6
be derived which have been planted or cultivated in violation of this chapter, 7
or of which the owners or cultivators are unknown, or which are wild 8
growths, may be seized and summarily destroyed or forfeited to the state. The 9
failure, upon demand by the law enforcement agency or its authorized agent, 10
of the person in occupancy or in control of land or premises upon which the 11
species of plants are growing or being stored, to produce an appropriate 12
registration, or proof that he or she is the holder thereof, constitutes authority 13
for the seizure and forfeiture of the plants; 14
(d) All substances, machinery, or devices used for the manufacture, packaging, 15
repackaging, or marking, and books, papers, and re cords, and all vehicles 16
owned and used by the seller or distributor for the manufacture, distribution, 17
sale, or transfer of substances in violation of KRS 218A.350 shall be seized 18
and forfeited to the state. Substances manufactured, held, or distributed in 19
violation of KRS 218A.350 shall be deemed contraband; 20
(e) All controlled substances which have been manufactured, distributed, 21
dispensed, possessed, being held, or acquired in violation of this chapter; 22
(f) All raw materials, products, and equipment of an y kind which are used, or 23
intended for use, in manufacturing, compounding, processing, delivering, 24
importing, or exporting any controlled substance in violation of this chapter; 25
(g) All property which is used, or intended for use, as a container for proper ty 26
described in paragraph (e) or (f) of this subsection; 27
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(h) All conveyances, including aircraft, vehicles, or vessels, which are used, or 1
intended for use, to transport, or in any manner to facilitate the transportation, 2
for the purpose of sale or receipt of property described in paragraph (e) or (f) 3
of this subsection, but: 4
1. No conveyance used by any person as a common carrier in the 5
transaction of business as a common carrier is subject to forfeiture under 6
this section unless it is proven beyond a reasonable doubt that the owner 7
or other person in charge of the conveyance is a consenting party or 8
privy to a violation of this chapter; 9
2. No conveyance is subject to forfeiture under this section by reason of 10
any act or omission established by the owner thereof to have been 11
committed or omitted without his or her knowledge or consent; 12
3. A forfeiture of a conveyance encumbered by a bona fide security 13
interest is subject to the interest of the secured party if he or she neither 14
had knowledge of nor consented to the act or omission; and 15
4. The forfeiture provisions of this paragraph shall not apply to any 16
misdemeanor offense relating to cannabis[marijuana] or salvia; 17
(i) All books, records, and research products and materials, including formulas, 18
microfilm, tapes, and data which are used, or intended for use, in violati on of 19
this chapter; 20
(j) Everything of value furnished, or intended to be furnished, in exchange for a 21
controlled substance in violation of this chapter, all proceeds, including real 22
and personal property, traceable to the exchange, and all moneys, negotiab le 23
instruments, and securities used, or intended to be used, to facilitate any 24
violation of this chapter; except that no property shall be forfeited under this 25
paragraph, to the extent of the interest of an owner, by reason of any act or 26
omission establish ed by him or her to have been committed or omitted 27
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without his or her knowledge or consent. It shall be a rebuttable presumption 1
that all moneys, coin, and currency found in close proximity to controlled 2
substances, to drug manufacturing or distributing pa raphernalia, or to records 3
of the importation, manufacture, or distribution of controlled substances, are 4
presumed to be forfeitable under this paragraph. The burden of proof shall be 5
upon claimants of personal property to rebut this presumption by clear a nd 6
convincing evidence. The burden of proof shall be upon the law enforcement 7
agency to prove by clear and convincing evidence that real property is 8
forfeitable under this paragraph; and 9
(k) All real property, including any right, title, and interest in th e whole of any lot 10
or tract of land and any appurtenances or improvements, which is used or 11
intended to be used, in any manner or part, to commit, or to facilitate the 12
commission of, a violation of this chapter excluding any misdemeanor offense 13
relating to cannabis[marijuana], synthetic drugs, or salvia, except that 14
property shall be forfeited under this paragraph, to the extent of an interest of 15
an owner, by reason of any act or omission established by the Commonwealth 16
to have been committed or omitted with the knowledge or c onsent of the 17
owner. 18
(2) Title to all property, including all interests in the property, forfeit under this section 19
vests in the Commonwealth on the commission of the act or omission giving rise to 20
forfeiture under this section together with the proceeds o f the property after the 21
time. Any property or proceeds subsequently transferred to any person shall be 22
subject to forfeiture and thereafter shall be ordered forfeited, unless the transferee 23
establishes in the forfeiture proceeding that he or she is a subs equent bona fide 24
purchaser for value without actual or constructive notice of the act or omission 25
giving rise to the forfeiture. 26
(3) If any of the property described in this section cannot be located; has been 27
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transferred to, sold to, or deposited with a t hird party; has been placed beyond the 1
jurisdiction of the court; has been substantially diminished in value by any act or 2
omission of the defendant; or, has been commingled with any property which 3
cannot be divided without difficulty, the court shall orde r the forfeiture of any other 4
property of the defendant up to the value of any property subject to forfeiture under 5
this section. 6
(4) The forfeiture provisions of this section shall not apply to a personal use quantity 7
of cannabis. 8
Section 8. KRS 533.030 is amended to read as follows: 9
(1) The conditions of probation and conditional discharge shall be such as the court, in 10
its discretion, deems reasonably necessary to ensure that the defendant will lead a 11
law-abiding life or to assist him or her to do so. The court shall provide as an 12
explicit condition of every sentence to probation or conditional discharge that the 13
defendant not commit another offense during the period for which the sentence 14
remains subject to revocation. 15
(2) When imposing a sentence of probation or conditional discharge, the court may, in 16
addition to any other reasonable condition, require that the defendant: 17
(a) Avoid injurious or vicious habits; 18
(b) Avoid persons or places of disreputable or harmful character; 19
(c) Work faithfully at suitable employment as far as possible; 20
(d) Undergo available medical or psychiatric treatment and remain in a specific 21
institution as required for that purpose; 22
(e) Post a bond, without surety, conditioned on performance of any of the 23
prescribed conditions; 24
(f) Support his or her dependents and meet other family responsibilities; 25
(g) Pay the cost of the proceeding as set by the court; 26
(h) Remain within a specified area; 27
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(i) Report to the probation officer as directed; 1
(j) Permit the probation officer to visit him or her at his or her home or 2
elsewhere; 3
(k) Answer all reasonable inquiries by the probation officer and promptly notify 4
the probation officer of any change in address or employment; 5
(l) Submit to periodic testing for the use of [controlled substances or ] alcohol or 6
controlled substances other than cannabis, if the defendant's record indicates 7
a controlled substance or alcohol problem, and to pay a reasonable fee, as 8
determined by the court, which fee shall not exceed the actual cost of the test 9
and analysis and shall be paid directly to the agency or agencies responsible 10
for testing and analysis as compensation for the cost of the testing and 11
analysis, as specified by written order of the court, performed under this 12
subsection. For good cause shown, the testing fee may be waived by the court; 13
(m) Use an alcohol monitoring device, as defined in KRS 431.068. All costs 14
associated with the device, including administrative and operating costs, shall 15
be paid by the defendant. If the court determines that the defendant is 16
indigent, and a person, county, or other organization has not agreed to pay the 17
costs for the defendant in an attempt to reduce incarceration expenses and 18
increase public safety, the court shall consider other conditions of probation or 19
conditional discharge provided for in this section; 20
(n) During all or part of the period of probation or conditional discharge, 21
participate in a global positioning monitoring system program operated by a 22
county pursuant to KRS 67.372 and 67.374 under the same terms and 23
conditions as provided in KRS 431.517; or 24
(o) Participate in a specific evidence-based program designed to reduce violence. 25
(3) (a) When imposing a sentence of probation or conditional discharge , the court 26
shall order the defendant to make restitution in addition to any other 27
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penalty provided for the commission of the offense in a case where a victim 1
of a crime: 2
1. Has suffered monetary damage as a result of the crime due to his or her 3
property having been converted, stolen, or unlawfully obtained, or its 4
value substantially decreased as a resu lt of the crime ;[, or where the 5
victim ] 6
2. Suffered actual medical expenses, direct out -of-pocket losses, or loss of 7
earning as a direct result of the crime;[, or where the victim ] 8
3. Incurred expenses in relocating for the purpose of the victim's safety or 9
the safety of a member of the victim's household;[,] or [if ] 10
4. As a direct result of the crime [the victim ] incurred medical expenses 11
that were paid by the Cabinet for Health and Family Services, the Crime 12
Victims Compensation Board, or any other gov ernmental entity [, the 13
court shall order the defendant to make restitution in addition to any 14
other penalty provided for the commission of the offense]. 15
(b) Payment of restitution to the victim shall have priority over payment of 16
restitution to any govern ment agency. Restitution shall be ordered in the full 17
amount of the damages, unless the damages exceed one hundred thousand 18
dollars ($100,000) or twice the amount of the gain from the commission of the 19
offense, whichever is greater, in which case the highe r of these two (2) 20
amounts shall be awarded. 21
(c) The court may, in lieu of ordering monetary restitution, order the defendant to 22
make restitution by working for or on behalf of the victim. The court shall 23
determine the number of hours of work necessary by applying the then -24
prevailing federal minimum wage to the total amount of monetary damage 25
caused by or incidental to the commission of the crime. The court may, with 26
the consent of the agency, order the defendant to work as specified in KRS 27
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533.070. Any wo rk ordered pursuant to this section shall not be deemed 1
employment for any purpose, nor shall the person performing the work be 2
deemed an employee for any purpose. 3
(d) Where there is more than one (1) defendant or more than one (1) victim, 4
restitution may be apportioned. 5
(e) Restitution shall be subject to the following additional terms and conditions: 6
1.[(a)] Where property which is unlawfully in the possession of the 7
defendant is in substantially undamaged condition from its condition at 8
the time of the taking, return of the property shall be ordered in lieu of 9
monetary restitution; 10
2.[(b)] The circuit clerk shall assess an additional fee of five percent (5%) 11
to defray the administrative costs of collection of payments or property. 12
This fee shall be paid by the defendant and shall inure to a trust and 13
agency account which shall not lapse and which shall be used to hire 14
additional deputy clerks and office personnel or increase deputy clerk or 15
office personnel salaries, or combination thereof; 16
3.[(c)] When a defendant fails to make restitution ordered to be paid 17
through the circuit clerk or a court -authorized program run by the 18
county attorney or the Commonwealth's attorney, the circuit clerk or 19
court-authorized program shall notify the court; and 20
4.[(d)] An order of restitution shall not preclude the owner of property or 21
the victim who suffered personal physical or mental injury or out -of-22
pocket loss of earnings or support or other damages from proceeding in 23
a civil action to recover damages from the defendan t. A civil verdict 24
shall be reduced by the amount paid under the criminal restitution order. 25
(4) When requiring fees for controlled substances or alcohol tests, or other fees and 26
payments authorized by this section or other statute, except restitution, to be paid by 27
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the defendant, the court shall not order the payments to be paid through the circuit 1
clerk. 2
(5) When a defendant is sentenced to probation or conditional discharge, he or she shall 3
be given a written statement explicitly setting forth the condit ions under which he 4
or she is being released. 5
(6) When imposing a sentence of probation or conditional discharge, the court, in 6
addition to conditions imposed under this section, may require as a condition of the 7
sentence that the defendant submit to a per iod of imprisonment in the county jail or 8
to a period of home incarceration at whatever time or intervals, consecutive or 9
nonconsecutive, the court shall determine. The time actually spent in confinement 10
or home incarceration pursuant to this provision sha ll not exceed twelve (12) 11
months or the maximum term of imprisonment assessed pursuant to KRS Chapter 12
532, whichever is the shorter. Time spent in confinement or home incarceration 13
under this subsection shall be credited against the maximum term of impriso nment 14
assessed for the defendant pursuant to KRS Chapter 532, if probation or conditional 15
discharge is revoked and the defendant is sentenced to imprisonment. Any 16
prohibitions against probation, shock probation, or conditional discharge under 17
KRS 533.060(2) or 532.045 shall not apply to persons convicted of a misdemeanor 18
or Class D felony and sentenced to a period of confinement or home incarceration 19
under this section. 20
Section 9. KRS 138.872 is amended to read as follows: 21
(1) A tax is hereby levied on each offender engaging in a taxable activity in this state. 22
The tax shall be paid at the following rates: 23
(a) One thousand dollars ($1,000) per plant, whether growing or detached from 24
the soil, on each cannabis[marijuana] plant with foliation which exceeds a 25
personal use quantity of cannabis as defined in Section 2 of this Act; 26
(b) Three dollars and fifty cents ($3.50) on each gram, or portion thereof, of 27
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cannabis[marijuana] which has been detached from the plant on which it 1
grew and which exceeds a personal use quantity of cannabis as defined in 2
Section 2 of this Act; 3
(c) Two hundred dollars ($200) on each gram, or portion thereof, of controlled 4
substances; and 5
(d) Two thousand dol lars ($2,000) on each fifty (50) dosage units, or portion 6
thereof, of a controlled substance that is not sold by weight. 7
(2) For the purpose of calculating the tax levied pursuant to subsections (1)(b), (1)(c), 8
and (1)(d) of this section, the quantity shall be measured by the weight of the 9
cannabis[marijuana] or controlled substance, whether pure, impure, or diluted, or 10
by dosage units when a controlled substance is not sold by weight. 11
(3) An offender lawfully engaged in a taxable activity shall be exempt from the tax 12
imposed by this section if the offender is not in violation of any law which 13
authorizes him or her to engage in the activity. 14
Section 10. KRS 218A.276 is amended to read as follows: 15
(1) A court may request the Division of Probation and Parole to perform a risk and 16
needs assessment for any person found guilty of possession of mariju ana or 17
cannabis pursuant to KRS 218A.1422, synthetic drugs pursuant to KRS 18
218A.1430, or salvia pursuant to KRS 218A.1451. The assessor shall make a 19
recommendation to the court as to whether treatment is indicated by the assessment, 20
and, if so, the most ap propriate treatment or recovery program environment. If 21
treatment is indicated for the person, the court may order him or her to the 22
appropriate treatment or recovery program as indicated by the assessment that will 23
effectively respond to the person's level of risk, criminal risk factors, and individual 24
characteristics as designated by the secretary of the Cabinet for Health and Family 25
Services where a program of treatment or recovery not to exceed ninety (90) days in 26
duration may be prescribed. The person ordered to the designated treatment or 27
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recovery program shall present himself or herself for registration and initiation of 1
the treatment or recovery program within five (5) days of the date of sentencing. If, 2
without good cause, the person fails to appear at the designated treatment or 3
recovery program within the specified time, or if any time during the program of 4
treatment or recovery prescribed, the authorized director of the treatment or 5
recovery program finds that the person is unwilling to participat e in his or her 6
treatment, the director shall notify the sentencing court. Upon receipt of 7
notification, the court shall cause the person to be brought before it and may 8
continue the order of treatment, or may rescind the treatment order and impose a 9
sentence for the possession offense. Upon discharge of the person from the 10
treatment or recovery program by the secretary of the Cabinet for Health and 11
Family Services, or his or her designee, prior to the expiration of the ninety (90) 12
day period or upon satisf actory completion of ninety (90) days of treatment, the 13
person shall be deemed finally discharged from sentence. The secretary, or his or 14
her designee, shall notify the sentencing court of the date of such discharge from 15
the treatment or recovery program. 16
(2) The secretary of the Cabinet for Health and Family Services, or his or her designee, 17
shall inform each court of the identity and location of the treatment or recovery 18
program to which a person sentenced by that court under this chapter shall be 19
initially ordered. 20
(3) In the case of a person ordered to an inpatient facility for treatment pursuant to this 21
chapter, transportation to the facility shall be provided by order of the court when 22
the court finds the person unable to convey himself or herself to t he facility within 23
five (5) days of sentencing by reason of physical infirmity or financial incapability. 24
(4) The sentencing court shall immediately notify the designated treatment or recovery 25
program of the sentence and its effective date. 26
(5) The secretary of the Cabinet for Health and Family Services, or his or her designee, 27
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may authorize transfer of the person from the initially designated treatment or 1
recovery program to another treatment or recovery program for therapeutic 2
purposes. The sentencing cou rt shall be notified of termination of treatment by the 3
terminating treatment or recovery program and shall be notified by the secretary or 4
his or her designee of the new treatment or recovery program to which the person 5
was transferred. 6
(6) Responsibility for payment for treatment services rendered to persons pursuant to 7
this section shall be as under the statutes pertaining to payment by patients and 8
others for services rendered by the Cabinet for Health and Family Services, unless 9
the person and the treatment or recovery program shall arrange otherwise. 10
(7) [None of the provisions of ] This section shall not be deemed to preclude the court 11
from exercising its usual discretion with regard to ordering probation, presumptive 12
probation, or conditional discharge. 13
(8) In the case of any person who has been convicted of possession of marijuana or 14
cannabis, synthetic drugs, or salvia, the court may set aside and void the conviction 15
upon satisfactory completion of treatment, probation, or other sentence, and issue t o 16
the person a certificate to that effect. A conviction voided under this subsection 17
shall not be deemed a first offense for purposes of this chapter or deemed a 18
conviction for purposes of disqualifications or disabilities imposed by law upon 19
conviction of a crime. 20
(9) If the court voids a conviction under this section, the court shall order the sealing of 21
all records in the custody of the court and any records in the custody of any other 22
agency or official, including law enforcement records, except as prov ided in KRS 23
27A.099. The court shall order the sealing on a form provided by the 24
Administrative Office of the Courts. Every agency with records relating to the 25
arrest, charge, or other matters arising out of the arrest or charge that is ordered to 26
seal records, shall certify to the court within sixty (60) days of the entry of the order 27
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that the required sealing action has been completed. 1
(10) After the sealing of the record, the proceedings in the matter shall not be used 2
against the defendant. The court an d other agencies shall reply to any inquiry that 3
no record exists on the matter. The person whose record is sealed shall not have to 4
disclose the fact of the record or any matter relating thereto on an application for 5
employment, credit, or other type of application. 6
(11) Inspection of the sealed records may thereafter be permitted by the court or upon a 7
motion by the person who is the subject of the records and only to those persons 8
named in the motion. 9
SECTION 11. A NEW SECTION OF KRS CHAPTER 431 IS CREATED TO 10
READ AS FOLLOWS: 11
(1) As used in this section: 12
(a) "Cannabis accessory" has the same meaning as in Section 2 of this Act; 13
(b) "Eligible conviction" means: 14
1. Any criminal conviction for a violation of Section 3 of t his Act, 15
subsection (2) of Section 4 of this Act, subsection (2) of Section 5 of 16
this Act, or Section 6 of this Act; or 17
2. A conviction for an offense prior to July 14, 1992, for possession, 18
cultivation, or trafficking of marijuana which was punishable by not 19
more than five (5) years' incarceration; 20
(c) "Expungeable conviction" means any eligible conviction for which the 21
available record does not indicate that the offense involved a quantity of 22
marijuana in excess of the personal use quantity of cannabis, o r, for a 23
conviction pursuant to Section 6 of this Act, the record does not indicate 24
that the offense involved drug paraphernalia other than cannabis 25
accessories; and 26
(d) "Personal use quantity of cannabis" has the same meaning as in Section 2 27
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of this Act. 1
(2) The Administrative Office of the Courts shall establish a process for identifying 2
all eligible convictions and communicating each eligible conviction to the court 3
in which the conviction occurred, and to the office of the Commonwealth's 4
attorney or county attorney that prosecuted the case. All eligible convictions shall 5
be communicated to the office of the Commonwealth's attorney or county 6
attorney that prosecuted the case within ninety (90) days of the effective date of 7
this Act. 8
(3) Within ninety (90) days of the receipt of an eligible conviction, the office of the 9
Commonwealth's attorney or county attorney that prosecuted the case may file 10
with the court in which the conviction occurred an objection to the expungement 11
of any eligible conviction which is not an expungeable conviction. 12
(4) Within two hundred (200) days of the effective date of this Act, for any eligible 13
conviction to which the office of the Commonwealth's attorney or county attorney 14
that prosecuted the case has not filed an objection, th e court shall order the 15
judgment vacated, and dismiss with prejudice any charges which are eligible for 16
expungement under this section, and order expunged all records in the custody of 17
the court and any records in the custody of any other agency or official, including 18
law enforcement records. 19
(5) (a) Any person who has an eligible conviction prior to the effective date of this 20
Act and whose records have not been expunged pursuant to subsection (4) 21
of this section may at any time after one (1) year after the effective date of 22
this Act petition the court in which the conviction occurred to expunge all 23
eligible convictions. 24
(b) There shall be no filing fee for a petition pursuant to this subsection. 25
(c) An expungement petition brought under this subsection shall be served 26
upon the offices of the county and Commonwealth's attorneys that 27
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prosecuted the case, and the court shall no tify the county and 1
Commonwealth's attorneys of an opportunity for a response to the petition. 2
The response shall be filed within ninety (90) days after the filing of the 3
petition. 4
(d) If a response is not filed within ninety (90) days after the filing of the 5
petition, the court shall order the judgment vacated, and dismiss with 6
prejudice any charges which are eligible for expungement under this 7
section. 8
(e) If a response is filed objecting to the expungement of the eligible conviction, 9
the court shall with in ninety (90) days of the receipt of the objection 10
schedule a hearing on the petition. If, at the hearing, the court finds that the 11
eligible conviction is an expungeable conviction, the court shall order the 12
judgment vacated, and dismiss with prejudice an y charges which are 13
eligible for expungement under this section. 14
(6) (a) Upon entry of an order vacating and expunging a conviction, the original 15
conviction shall be vacated and the record shall be expunged. The court and 16
other agencies shall cause records to be deleted or removed from their 17
computer systems so that the matter shall not appear on official state -18
performed background checks. The court and other agencies shall reply to 19
any inquiry that no record exists on the matter. 20
(b) The person whose recor d is expunged shall not have to disclose the fact of 21
the record or any matter relating thereto on an application for employment, 22
credit, or other type of application. 23
(c) If the expunged conviction was a felony, and the person is not prohibited 24
from voting for any other reason, the person's ability to vote shall be 25
restored and the person may register to vote. 26
(7) The Administrative Office of the Courts shall, by December 1, 2027, submit a 27
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report to the Legislative Research Commission for referral to the In terim Joint 1
Committee on Judiciary, providing data by county on the numbers of eligible 2
convictions identified, objections filed with the court, and the number of 3
expungements granted. 4
(8) This section shall be retroactive. 5