Rep. Al Gentry

Maddy summaryThis bill amends Kentucky's medicinal cannabis laws to update the list of qualifying medical conditions and clarify the requirements for a valid doctor-patient relationship. It directly affects patients seeking medical cannabis, healthcare providers, and licensed cannabis businesses by establishing specific standards for patient assessments and expanding the range of recognized conditions. The key provisions include requiring practitioners to review patients' medical history, current medications, and potential risks before prescribing, while adding conditions like sickle cell disease and post-traumatic stress disorder to the list of eligible diagnoses. Additionally, the bill defines terms such as "qualified patient," "designated caregiver," and "disqualifying felony offense" to provide clearer legal guidance for the program's administration.

Maddy summaryThis bill amends Kentucky law to define cannabis-infused beverages as products containing no more than 10 milligrams of intoxicating adult-use cannabinoids per 12-ounce serving. The legislation specifically excludes medicinal cannabis, hemp tinctures, and products with only nonintoxicating cannabinoids from this definition. By updating the state code, the bill establishes a regulatory framework for how these beverages can be legally produced and sold under the existing adult-use cannabis program. The changes directly affect businesses that manufacture or distribute cannabis-infused drinks and the state agencies responsible for overseeing cannabis regulations.

Create new sections of KRS Chapter 217 to define terms; establish laboratory and testing standards and procedures; exempt designated persons from prosecution or discipline, including attorneys who represent those affiliated with regulated adult-use products; repeal, reenact, and amend KRS 260.8635 as a new section of KRS Chapter 217 to establish procedures for transporting intermediate hemp-derived cannabinoid products; amend KRS 217.039 to establish rules and procedures for the sale of retail hemp, intermediate hemp-derived cannabinoid products, and cannabis-infused beverages; amend KRS 243.030 to reduce the fee for an annual cannabis-infused beverage retail package license from $2,000 to $500; amend KRS 260.862 to allow the Department of Agriculture to prescribe rules for the sale of cannabis floral material by a licensed cultivator or handler; amend KRS 138.870, 218A.010, 218B.010, 218B.015, 241.010, 260.852, and 260.858 to conform; EMERGENCY.

Establish KRS Chapter 239 and create new sections to establish the Department of Psychoactive Substances; define terms; make the department responsible for the oversight, regulation, and enforcement of cannabis, kratom, and designated hemp products; grant the department jurisdiction over regulated products and regulated adult-use products, which are a type of regulated products that include lawful products with psychoactive effects meant for human consumption; set out the functions, powers, and duties of the department, including the creation of a Regulated Products Control Board; establish hemp and kratom divisions within the department and the categories for licensure; authorize the department to promulgate administrative regulations, limit numbers of licenses, and set licensing fees; establish procedures for license denial, suspension, and revocation, and other disciplinary matters; prohibit use of regulated adult-use products by anyone under 21; move control over cannabis-infused beverages and direct shippers of regulated adult-use products from the Department of Alcoholic Beverage Control to the Department of Psychoactive Substances; create the Kentucky hemp fund and the Department of Psychoactive Substances fund; establish laboratory and testing standards and procedures; exempt designated persons from prosecution or discipline, including attorneys who represent those affiliated with regulated adult-use products; amend KRS 12.020 and 12.252 to place the Department of Psychoactive Substances in the Public Protection Cabinet; amend KRS 217.039 to move regulation of hemp-derived cannabinoids and manufacturers of cannabis-infused beverages to the Department of Psychoactive Substances from the Department for Public Health; amend KRS 2.015, 138.870, 218A.010, 218B.010, 218B.015, 218B.090, 260.852, 260.858, 260.862, 260.8635, and various sections of KRS Chapters 241 to 244 to conform; require the Department of Agriculture, Department for Public Health, and Department of Alcoholic Beverage Control to transfer relevant licensee data to the Department of Psychoactive Substances; repeal KRS 243.401, 243.403, and 243.405.

Create a new section of KRS 230.805 to 230.826 to define "suspicious wagering activity"; prohibit sports wagering licensees and services providers from limiting the size or frequency of deposits or wagers unless the wagering activity constitutes suspicious wagering activity or indicates that a person is a problem or compulsive gambler; require a sports wagering licensee or service provider to send an electronic notification within 24 hours of issuing a limit or ban; require sports wagering licensees and service providers to establish an appeal process and notify a person of the determination of the appeal within 1 week; amend KRS 230.805 to change the age of access to sports wagering from 18 to 21; amend KRS 2.015 to conform; provide that the Act may be cited as the Kentucky Fair Play Act.

Create a new section of Subtitle 17A of KRS Chapter 304 to require health benefit plans to provide coverage for prosthetic devices and orthotic devices when medically necessary for certain purposes; establish minimum requirements for the required coverage; prohibit any limitation or requirements with respect to out-of-network coverage unless the limitation or requirement is not more restrictive than the restrictions or requirements applicable to out-of-network coverage for medical or surgical benefits; require the commissioner of insurance to submit a report to the Legislative Research Commission regarding implementation of the required coverage; require insurers to provide data requested by the commissioner for purposes of completing the report; require the commissioner to promulgate any necessary administrative regulations; amend KRS 164.2871 and 18A.225 to require self-insured group health plans offered by the governing board of state postsecondary education institutions and the state employee health plan to comply with prosthetic and orthotic device coverage requirements; provide that the Act applies to health benefit plans issued or renewed on or after January 1, 2027; EFFECTIVE, January 1, 2027.

Amend KRS 341.350, relating to unemployment insurance, to lengthen the verified definite return-to-work or recall-to-work period from 16 weeks to 12 months and add protections for employees whose place of employment can reasonably be expected to resume operations within 12 months following a natural disaster.

Amend KRS 138.510 to allocate moneys from the pari-mutuel racing excise tax distribution to the local government support fund; create a new section of KRS Chapter 230 to establish the pari-mutuel racing local government support fund to be administered by the Department for Local Government; establish parameters for use of fund moneys; amend KRS 131.190 to allow the Department of Revenue to share information relating to the calculation of the new fund distribution.

Amend KRS 141.019, relating to income tax, to define terms; allow a deduction from gross income for professional membership dues paid for taxable years beginning on or after January 1, 2027, but before January 1, 2031; amend KRS 131.190 to allow the Department of Revenue to report on the deduction.

Repeal and reenact KRS 344.010 to define terms; amend KRS 344.020, relating to the purpose of the Kentucky's civil rights chapter, to prohibit discrimination on the basis of sexual orientation or gender identity; amend KRS 344.025, 344.040, 344.050, 344.060, 344.070, and 344.080, relating to prohibited discrimination in various labor and employment practices, to include discrimination on the basis of sexual orientation or gender identity; amend KRS 210.033, 344.030, 344.100 and 344.110 to conform; amend KRS 344.120 and 342.140, relating to prohibited discrimination in places of public accommodation and advertisements, to include discrimination on the basis of sexual orientation or gender identity; amend KRS 344.170, 344.180, 344.190, 344.300, and 344.310, relating to the state and local human rights commissions, to include the prohibition of discrimination on the basis of sexual orientation or gender identity in the scope of their powers and duties; amend KRS 344.360, 344.370, 344.380, and 344.680, relating to prohibited discrimination in certain housing, real estate, and other financial transactions, to include discrimination on the basis of sexual orientation or gender identity; amend KRS 344.367, relating to prohibited discrimination in certain insurance sales, to include discrimination on the basis of sexual orientation or gender identity; amend KRS 344.400, relating to prohibited discrimination in certain credit transactions, to include discrimination on the basis of sexual orientation or gender identity; amend KRS 18A.095 to conform; make technical corrections.