Kentucky Statutes 218B.080 – License required — License types — Initial one-year term — Renewal
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(1) No person shall cultivate, process, produce, possess, test, transfer, transport, or sell medicinal cannabis or otherwise operate a cannabis business in this state without first obtaining a license under this section.
(2) The cabinet shall create separate licenses, licensure application fees, initial licensure fees, and licensure renewal fees allowing persons to operate a cannabis business, pursuant to this chapter and any administrative regulations promulgated thereunder, as a:
(a) Tier I cannabis cultivator; (b) Tier II cannabis cultivator; (c) Tier III cannabis cultivator; (d) Tier IV cannabis cultivator; (e) Cannabis dispensary;
(f) Cannabis processor; (g) Cannabis producer; or
(h) Cannabis safety compliance facility.
(3) Licensure application fees, initial licensing fees, and licensure renewal fees collected by the cabinet pursuant to this section shall be retained by the cabinet for administrative purposes.
(4) (a) Except as provided in paragraph (b) of this subsection, a cannabis business shall be required to apply for and obtain from the cabinet a separate license for each location it intends to operate.
(b) A cannabis business licensed as a producer may operate cultivation and processing activities at separate locations, but shall not operate more than one (1) cultivation and one (1) processing facility per license.
(5) (a) A cannabis business license issued under this section and KRS § 218B.085 and
218B.090 shall be valid for one (1) year from the date of issuance. The cabinet shall notify each licensee ninety (90) days prior to the date the license expires to allow the licensee to begin the renewal process established by the cabinet pursuant to KRS § 218B.140.
(b) The renewal of a cannabis business license shall be contingent upon successful achievement of minimal performance standards established by the cabinet as part of the biennial accreditation process established by the cabinet pursuant to KRS § 218B.140.
(6) The cabinet shall approve a license holder’s sale of a license issued pursuant to this section and KRS § 218B.085 and KRS § 218B.090 if the purchaser and any new facilities meet the requirements of this chapter.
Effective: June 29, 2023
History: Created 2023 Ky. Acts ch. 146, sec. 15, effective June 29, 2023.
(2) The cabinet shall create separate licenses, licensure application fees, initial licensure fees, and licensure renewal fees allowing persons to operate a cannabis business, pursuant to this chapter and any administrative regulations promulgated thereunder, as a:
Terms Used In Kentucky Statutes 218B.080
- Cabinet: means the Cabinet for Health and Family Services. See Kentucky Statutes 218B.010
- Cannabis business: means an entity licensed under this chapter as a cultivator, dispensary, processor, producer, or safety compliance facility. See Kentucky Statutes 218B.010
- Cultivator: means an entity licensed as such under KRS §. See Kentucky Statutes 218B.010
- Dispensary: means an entity licensed as such under KRS §. See Kentucky Statutes 218B.010
- Processor: means an entity licensed as such under KRS §. See Kentucky Statutes 218B.010
- Producer: means an entity licensed as such under KRS §. See Kentucky Statutes 218B.010
- Safety compliance facility: means an entity licensed as such under KRS §. See Kentucky Statutes 218B.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Year: means calendar year. See Kentucky Statutes 446.010
(a) Tier I cannabis cultivator; (b) Tier II cannabis cultivator; (c) Tier III cannabis cultivator; (d) Tier IV cannabis cultivator; (e) Cannabis dispensary;
(f) Cannabis processor; (g) Cannabis producer; or
(h) Cannabis safety compliance facility.
(3) Licensure application fees, initial licensing fees, and licensure renewal fees collected by the cabinet pursuant to this section shall be retained by the cabinet for administrative purposes.
(4) (a) Except as provided in paragraph (b) of this subsection, a cannabis business shall be required to apply for and obtain from the cabinet a separate license for each location it intends to operate.
(b) A cannabis business licensed as a producer may operate cultivation and processing activities at separate locations, but shall not operate more than one (1) cultivation and one (1) processing facility per license.
(5) (a) A cannabis business license issued under this section and KRS § 218B.085 and
218B.090 shall be valid for one (1) year from the date of issuance. The cabinet shall notify each licensee ninety (90) days prior to the date the license expires to allow the licensee to begin the renewal process established by the cabinet pursuant to KRS § 218B.140.
(b) The renewal of a cannabis business license shall be contingent upon successful achievement of minimal performance standards established by the cabinet as part of the biennial accreditation process established by the cabinet pursuant to KRS § 218B.140.
(6) The cabinet shall approve a license holder’s sale of a license issued pursuant to this section and KRS § 218B.085 and KRS § 218B.090 if the purchaser and any new facilities meet the requirements of this chapter.
Effective: June 29, 2023
History: Created 2023 Ky. Acts ch. 146, sec. 15, effective June 29, 2023.