# KRS § 218B.035: 218B.035 Criminal prosecution and disciplinary actions not precluded -- Driving under the influence > Kentucky · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_KY_TXVIII_C218B_S218B.035 ## Section - **Citation:** KRS § 218B.035 - **Heading:** 218B.035 Criminal prosecution and disciplinary actions not precluded -- Driving under the influence - **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.035 ## Text 218B.035 Criminal prosecution and disciplinary actions not precluded -- Driving under the influence. (1) This chapter does not authorize any person to engage in, and shall not prevent the imposition of any civil, criminal, or other penalties, including but not limited to criminal prosecution or disciplinary action by the cabinet or an occupational or professional licensing board, for engaging in the following conduct: (a) Operating, navigating, or being in actual physical control of any aircraft, vehicle, vessel, or any other device known, or hereafter invented, that is powered by machinery and that is or may be used to transport persons or property while under the influence of medicinal cannabis; (b) Consuming medicinal cannabis while operating, navigating, or being in actual physical control of an aircraft, vehicle, vessel, or any other device known, or hereafter invented, that is powered by machinery and that is or may be used to transport persons or property; (c) Possessing medicinal cannabis that is within the operator's arm's reach or requires less than a two (2) step process to access while operating, navigating, or being in actual physical control of an aircraft, vehicle, vessel, or any other device known, or hereafter invented, that is powered by machinery and that is or may be used to transport persons or property; (d) Undertaking any task under the influence of medicinal cannabis, when doing so would constitute negligence or professional malpractice; (e) Possessing medicinal cannabis, or otherwise engaging in the use of medicinal cannabis: 1. On the grounds of any preschool or primary or secondary school, except as permitted in accordance with policies enacted pursuant to KRS 218B.045(4); 2. In any correctional facility; or 3. On any property of the federal government; (f) Using marijuana, if that person is not a registered qualified patient or visiting qualified patient; (g) Using or consuming marijuana by smoking; (h) Using or consuming marijuana by vaping while on any form of public transportation, in any public place as defined in KRS 525.010, or in any place of public accommodation, resort, or amusement as defined in KRS 344.130; or (i) Cultivating marijuana unless that person is licensed by the cabinet as a cannabis cultivator or cannabis producer pursuant to KRS 218B.080, 218B.085, and 218B.090 or is a cultivator or producer agent. (2) The penalty for a violation of subsection (1)(a) or (b) of this section shall be the same as those established for operating a motor vehicle under the influence of alcohol or any other substance in KRS 189A.010. (3) (a) An individual who violates subsection (1)(g) or (h) of this section shall not be considered to be in possession of medicinal cannabis or engaged in the use of medicinal cannabis and shall not benefit from the legal protections afforded by this chapter. (b) The odor or smell of uncombusted raw plant material shall not constitute evidence of use or consumption of cannabis by smoking. (c) If an individual uses or consumes marijuana by smoking or vaping while on any form of public transportation, in any public place as defined in KRS 525.010, or in any place of public accommodation, resort, or amusement as defined in KRS 344.130: 1. The cabinet may revoke the individual's registry identification card; and 2. The individual may be subject to prosecution under KRS 218A.1421 and 218A.1422. (4) Nothing in this chapter supersedes statutory laws relating to driving while under the influence of intoxicants. This chapter shall not prevent the enforcement of current laws pertaining to driving while intoxicated, including KRS 183.061, 189.520, 189A.010, and 235.240. (5) As used in this section: (a) "Aircraft" has the same meaning as in KRS 183.011; (b) "Vehicle" has the same meaning as in KRS 189.010; and (c) "Vessel" has the same meaning as in KRS 235.010. ## 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.035. Check the current official text before relying on it. Not legal advice.