Kentucky Administrative Regulations Title 915 - CABINET FOR HEALTH AND FAMILY SERVICES - OFFICE OF THE SECRETARY - MEDICINAL CANNABIS PROGRAM
Overview of Title 915 – Medicinal Cannabis Program
Kentucky’s medicinal cannabis regulations under Title 915 KAR were created after the enactment of Kentucky’s medical cannabis law (2023). These regulations govern how cannabis is grown, tested, sold, dispensed, prescribed, and monitored for medical patients.
Below are the major regulatory areas (“cases”) explained in detail.
CASE 1 — Patient Eligibility & Registry System
What it Covers
These regulations describe:
Who can become a medicinal cannabis patient.
The process for registering.
Requirements for issuing medical cannabis cards.
Key Details
Qualifying Medical Conditions:
The regulations list specific conditions (like cancer, severe pain, epilepsy, PTSD, chronic nausea, etc.). Doctors must diagnose the condition before certifying a patient.
Certification by a Healthcare Practitioner:
Only approved professionals (physicians, APRNs, physician assistants) may issue written certifications. They must have an active license in Kentucky and conduct a real patient evaluation.
Patient Registry Card:
Patients apply to the state’s medicinal cannabis registry.
The card includes:
Patient’s identity
Certification information
Expiration date
Authorized cannabis limits
Minors:
Minors may qualify but must have a registered caregiver, typically a parent or legal guardian, who manages purchases and possession.
CASE 2 — Medical Practitioners’ Duties and Limits
What it Covers
This part explains how healthcare providers must behave when recommending cannabis.
Key Details
Evaluation Requirements:
Practitioners must conduct full assessments, document medical necessity, and maintain medical records for state audits.
Ongoing Patient Monitoring:
They must check:
Effectiveness
Side effects
Any misuse or dependency concerns
No Financial Conflicts of Interest:
Practitioners may not:
Have ownership in dispensaries
Accept referral payments
Have financial ties to cannabis businesses
Certification Duration:
Cannabis certifications are generally valid for a limited period (e.g., one year), and re-evaluation is mandatory before renewal.
CASE 3 — Cannabis Business Licensing (Producers, Dispensaries, Processors)
What it Covers
This explains how companies can apply for and maintain licenses to grow, process, or sell medicinal cannabis.
Key Details
Application Requirements:
Applicants must submit:
Criminal background checks
Proof of financial stability
Facility security plans
Inventory and tracking protocols
License Types:
Common license categories include:
Cultivator (growing plants)
Processor (manufacturing products)
Safety Compliance Facility (laboratory testing)
Dispensary (selling to patients)
Regulatory Priority System:
The state may use a scoring or ranking system based on:
Public health protections
Diversity and equity participation
Economic impact
Security measures
Grounds for Denial or Revocation:
A license can be denied or revoked for:
Fraud
Noncompliance with health standards
Failure to maintain secure operations
Criminal activity
CASE 4 — Product Standards, Testing, and Labeling
What it Covers
These rules regulate the safety and quality of cannabis products.
Key Details
Mandatory Laboratory Testing:
Labs test for:
THC and CBD levels
Pesticides
Heavy metals
Residual solvents
Microbial contamination
Product Forms Allowed:
Kentucky initially restricts inhaled/combustible forms, but permits:
Tinctures
Oils
Edibles
Capsules
Vaporization products
Topicals
Packaging & Labeling Rules:
Labels must show:
Potency
Ingredients
Batch number
Usage warnings
No cartoon images or child-appealing designs
Packaging Safety:
All packaging must be:
Tamper-evident
Child-resistant
Opaque when required
CASE 5 — Dispensary Operations & Sales Requirements
What it Covers
This section explains how licensed dispensaries must operate when selling cannabis to patients.
Key Details
Verification of Patient Identity:
Dispensaries must scan and verify patient registry cards before every sale.
Daily and Monthly Sales Limits:
Patients may not exceed state-defined possession or purchase limits.
The system automatically tracks cumulative purchases.
Training Requirements:
Dispensary workers must complete state-approved training on:
Dosage education
Recognizing impairment
Patient confidentiality
Security procedures
Security Protocols:
Facilities must use:
24/7 video surveillance
Alarm systems
Secure storage
Seed-to-sale tracking systems
CASE 6 — Transportation, Tracking, and Recordkeeping
What it Covers
This portion governs how cannabis travels between facilities and how records must be kept.
Key Details
Seed-to-Sale Tracking:
Every plant and product is tracked through a state-mandated software system.
This prevents:
Diversion to the illegal market
Inventory manipulation
Transport Vehicles:
Vehicles must be:
Unmarked
Equipped with GPS
Staffed with trained personnel
Manifest Requirements:
Transport documents must list:
Sender and receiver
Product type and weight
Time of departure and expected arrival
Long-Term Recordkeeping:
Businesses must keep records (often for several years) for state audits and compliance reviews.
CASE 7 — Enforcement, Penalties, and Appeals
What it Covers
These rules describe how the state enforces compliance and what happens when a patient or business violates regulations.
Key Details
Inspections:
The Cabinet has authority to conduct:
Announced inspections
Unannounced inspections
Compliance audits
Violations:
Violations are classified (minor, moderate, severe), and penalties correspond to severity.
Penalties May Include:
Fines
Suspension of license
Revocation of license
Mandatory corrective actions
Appeals Process:
Facilities or individuals may file administrative appeals if they believe the Cabinet acted improperly.
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