Kentucky Statewide Rule
Kentucky Medical Cannabis Dispensary Licensing and Local Authority
Key Facts
- Statute
- KRS 218B.110-135
- School buffer
- 1,000 feet minimum
- Local opt-out
- Ordinance or ballot (KRS 218B.130)
- Regulator
- Kentucky Medical Cannabis Program
- License
- State-issued only
Summary
Kentucky's Office of Medical Cannabis licenses dispensaries under KRS Chapter 218B with statewide buffer requirements and a local opt-out system, allowing cities and counties to prohibit or restrict dispensaries through ordinance or ballot referendum.
(b) Within whose territory cannabis business operations are permitted, may enact ordinances: 1. That are not less restrictive than this chapter or any administrative regulations promulgated thereunder, relating to the time, place, and manner of cannabis business operations, except that a local government shall not, except as permitted in paragraph (a) of this subsection, enact ordinances that impose an undue burden or make cannabis business operations unreasonable or impractical; and
Full Breakdown
KRS 218B.110 to 218B.135 establish dispensary licensing through the Cabinet for Health and Family Services. State law requires dispensaries to be at least 1,000 feet from an existing school or daycare center. Under KRS 218B.130, cities and counties may by ordinance prohibit cannabis businesses entirely or place the question on the ballot for voter approval; every jurisdiction is opted in by default until it acts. Local governments retain authority over zoning, hours, and reasonable distance rules, but cannot duplicate state licensure or weaken the state buffer. License caps and lottery selection are handled by the state.
Violations & Penalties
Operating without state licensure carries criminal penalties under KRS 218A; violating buffer or local zoning may result in license revocation and civil enforcement by the state and local authorities.
Frequently Asked Questions
Can a Kentucky city ban dispensaries entirely?
Can a city shorten the 1,000-foot school buffer?
Sources
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