# KRS § 218B.015: 218B.015 Construction of chapter -- Applicability > Kentucky · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_KY_TXVIII_C218B_S218B.015 ## Section - **Citation:** KRS § 218B.015 - **Heading:** 218B.015 Construction of chapter -- Applicability - **Jurisdiction:** Kentucky - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** KY Code / Title XVIII / Chapter 218B / Section 218B.015 ## Text 218B.015 Construction of chapter -- Applicability. (1) Nothing in this chapter shall be construed as applying to industrial hemp or industrial hemp products as defined in KRS 260.850. (2) Notwithstanding any provision of law to the contrary, and except as provided in subsections (3) and (4) of this section and KRS 218B.035: (a) The use of medicinal cannabis by a cardholder shall be considered lawful if done in accordance with this chapter and any administrative regulations promulgated thereunder; (b) The acquisition, blending, cultivation, delivery, distribution, manufacturing, manipulation, packaging for sale, preparation, possession, sale, testing, transportation, or transfer of medicinal cannabis or medicinal cannabis accessories by a cannabis business or cannabis business agent shall be considered lawful if done in accordance with this chapter and any administrative regulations promulgated thereunder; (c) A registered qualified patient or visiting qualified patient shall not be considered to be under the influence of medicinal cannabis solely because of the presence of tetrahydrocannabinol metabolites, including but not limited to the cannabinoid carboxy THC, which is also known as THC-COOH; (d) A medicinal cannabis practitioner shall not be subject, under the laws of the Commonwealth, to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to a civil penalty or disciplinary action by a state licensing board or by any other occupational or professional licensing board, solely for providing written certifications or for otherwise stating that, in the medicinal cannabis practitioner's professional opinion, a patient may receive medical, therapeutic, or palliative benefit from the use of medicinal cannabis, if done in accordance with this chapter; (e) An attorney shall not be subject, under the laws of the Commonwealth, to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to a civil penalty or disciplinary action by the Kentucky Court of Justice, Kentucky Bar Association, or by any other professional licensing board, solely for providing an individual or cannabis business with legal assistance related to activity that is no longer subject to criminal penalties under state law pursuant to this chapter; and (f) No person shall be subject, under the laws of the Commonwealth, to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to a civil penalty or disciplinary action by an occupational or professional licensing board, solely for providing assistance or services, including but not limited to accounting services, financial services, security services, or business consulting services, to any individual or cannabis business related to activity that is no longer subject to criminal penalties under state law pursuant to this chapter. (3) Nothing in subsection (2) of this section shall be construed or interpreted to: (a) Prohibit the arrest, prosecution, or imposition of any other penalty arising from but not limited to breach of contract, breach of fiduciary duty, negligence, or engaging in criminal activity that would constitute a felony or misdemeanor; or (b) Prevent a medicinal cannabis practitioner from being subject to administrative penalties imposed by his or her state licensing board for any violation of this chapter or any administrative regulation promulgated thereunder. (4) Notwithstanding subsection (2) of this section and any other provision of law to the contrary, a cardholder who is licensed under KRS Chapter 311 or KRS Chapter 314 may be subject to intervention or disciplinary action by his or her state licensing board if: (a) There is probable cause to believe that the cardholder has become impaired by, or otherwise abused, medicinal cannabis; or der. (4) Notwithstanding subsection (2) of this section and any other provision of law to the contrary, a cardholder who is licensed under KRS Chapter 311 or KRS Chapter 314 may be subject to intervention or disciplinary action by his or her state licensing board if: (a) There is probable cause to believe that the cardholder has become impaired by, or otherwise abused, medicinal cannabis; or (b) The cardholder has a medically diagnosable disease that is characterized by chronic, habitual, or periodic use of medicinal cannabis resulting in interference with the cardholder's professional, social, or economic functions in the community or the loss of powers of self-control regarding the use of medicinal cannabis. ## Nearby sections - [KRS § 218B.010 218B.010 Definitions for chapter](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXVIII_C218B_S218B.010.md) - [KRS § 218B.015 218B.015 Construction of chapter -- Applicability](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXVIII_C218B_S218B.015.md) - [KRS § 218B.020 218B.020 Board of Physicians and Advisors -- Membership -- Duties -- Reporting requirements](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXVIII_C218B_S218B.020.md) - [KRS § 218B.025 218B.025 Registered and visiting qualified patients -- Designated caregivers -- Exemption from prosecution -- Limitations on amount of cannabis to be in possession](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXVIII_C218B_S218B.025.md) - [KRS § 218B.030 218B.030 Seizure and forfeiture -- Probable cause -- Rebuttable presumption of lawful use](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXVIII_C218B_S218B.030.md) - [KRS § 218B.035 218B.035 Criminal prosecution and disciplinary actions not precluded -- Driving under the influence](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXVIII_C218B_S218B.035.md) - [KRS § 218B.040 218B.040 Employer not required to permit or accommodate use](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXVIII_C218B_S218B.040.md) - [KRS § 218B.045 218B.045 Patient rights under state and local law -- Visitation and parenting time -- Medical care -- Schools -- Local board of education to establish policies](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXVIII_C218B_S218B.045.md) - [KRS § 218B.050 218B.050 Written certification form -- Application process -- Renewals -- Bona fide practitioner-patient relationship -- Procedures -- Administrative regulations](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXVIII_C218B_S218B.050.md) - [KRS § 218B.055 218B.055 Registry identification card required -- Written certification -- Visiting qualified patient -- Information required](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXVIII_C218B_S218B.055.md) - [KRS § 218B.060 218B.060 Registry identification card program -- Required information](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXVIII_C218B_S218B.060.md) - [KRS § 218B.065 218B.065 Cabinet action required on application -- Registration for patients under age eighteen -- Application denial -- Administrative hearings](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXVIII_C218B_S218B.065.md) - [KRS § 218B.070 218B.070 Cardholder required notifications to cabinet -- Return of unused cannabis -- Expiration of protections](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXVIII_C218B_S218B.070.md) - [KRS § 218B.075 218B.075 Revocation of registration identification card -- Penalties -- Notification to cardholder -- Administrative hearing -- Judicial review](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXVIII_C218B_S218B.075.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_KY_TXVIII_C218B_S218B.015. Check the current official text before relying on it. Not legal advice.