218B.030 Seizure and forfeiture -- Probable cause -- Rebuttable presumption of lawful use

218B.030 Seizure and forfeiture -- Probable cause -- Rebuttable presumption of

lawful use.

(1) (a) Any medicinal cannabis, medicinal cannabis accessories, lawful property, or

interest in lawful property that is possessed, owned, or used in connection

with the use of medicinal cannabis or acts incidental to that use shall not be

subject to seizure or forfeiture under KRS 218A.405 to 218A.460.

(b) This chapter shall not prevent the seizure or forfeiture of marijuana exceeding

the amounts allowed under KRS 218B.025 or administrative regulations

promulgated pursuant to KRS 218B.140(1)(c)6., nor shall it prevent seizure or

forfeiture if the basis for that action is unrelated to the use of medicinal

cannabis in accordance with this chapter and any administrative regulation

promulgated thereunder.

(2) Possession of, or application for, a registry identification card, an out-of-state

registry identification card, or cannabis business license shall not constitute

probable cause or reasonable suspicion, nor shall it be used to support the search of

the person, property, or home of the person possessing or applying for the registry

identification card, out-of-state registry identification card, or cannabis business

license. The possession of, or application for, a registry identification card, out-of-

state registry identification card, or cannabis business license shall not preclude the

existence of probable cause if probable cause exists on other grounds.

(3) (a) There shall be a rebuttable presumption that a cardholder is engaged in the

lawful use of medicinal cannabis, or in the case of a designated caregiver,

assisting with the lawful use of medicinal cannabis, if the cardholder:

1. Possesses a valid registry identification card or, in the case of a visiting

qualified patient, an out-of-state registry identification card and

documentation of having been diagnosed with a qualifying medical

condition; and

2. Possesses an amount of medicinal cannabis that does not exceed the

amount allowed under KRS 218B.025 or administrative regulations

promulgated pursuant to KRS 218B.140(1)(c)6.

(b) This presumption may be rebutted by a preponderance of evidence that

conduct was unrelated to the use of medicinal cannabis or was otherwise in

violation of this chapter.