915 Ky. Admin. Regs. 2:040

Current through Register Vol. 51, No. 7, January 1, 2025

Section 915 KAR 2:040 - Procedures to publish list of varieties of medicinal cannabis

RELATES TO: KRS Chapter 218B

NECESSITY, FUNCTION, AND CONFORMITY: KRS 218B.140 requires the Cabinet for Health and Family Services to promulgate administrative regulations establishing procedures to publish and annually update a list of cannabis varieties or strains that possess a low but effective level of tetrahydrocannabinol, including the substance cannabidiol. This administrative regulation establishes those procedures.

Section 1. List of Varieties or Strains of Medicinal Cannabis.

(1) Beginning January 1, 2026, the cabinet shall conduct regular surveys of licensed cultivators and producers in the Commonwealth to obtain:

(a) A current list of cannabis varieties or strains being grown and cultivated in the Commonwealth;

(b) The average total tetrahydrocannabinol (THC) in each variety or strain based on the respective certificates of analysis;

(c) The average total cannabidiol (CBD) in each variety or strain based on the respective certificates of analysis; and

(d) The average terpenoid type and concentration in each variety or strain based on the respective certificates of analysis.

(2) Beginning January 1, 2026, the cabinet shall conduct regular surveys of licensed dispensaries in the Commonwealth to obtain a list of any varieties of medicinal cannabis or medicinal cannabis products requested by cardholders that are not available for sale in the Commonwealth.

(3) On or before December 1, 2026, the cabinet shall review, compile, and publish the information obtained from the surveys required by this section in print materials for cardholders available on the Web site for the Kentucky Medical Cannabis Program at https://kymedcan.ky.gov. Along with listing the cannabis varieties or strains being grown and cultivated in the Commonwealth, the printed materials may include information regarding:

(a) Types of cannabis;

(b) Types and general effects of THC;

(c) Types and general effects of cannabinoids;

(d) Types and general effects of terpenoids or terpenes;

(e) Potential side effects of medicinal cannabis use and consumption;

(f) Forms of medicinal cannabis and average activation times for different products;

(g) Dosage or serving size information;

(h) How to obtain appropriate services or treatment for medicinal cannabis abuse;

(i) How to dispose of unused medicinal cannabis; and

(j) Any other information that the cabinet deems appropriate for inclusion.

(4) The cabinet shall annually review and update the printed materials for cardholders, including the list of cannabis varieties or strains being grown and cultivated in the Commonwealth.

915 KAR 2:040

50 Ky.R. 2132; 51 Ky.R. 324; eff. 8/28/2024.

STATUTORY AUTHORITY: KRS 218B.140