Under SB 124, a patient can become a patient simply by obtaining a written order for CBD from a physician practicing at a hospital or associated clinic affiliated with a Kentucky public university having a college or school of medicine.

Alternatively, one can also be a patient in Kentucky by participating in a clinical trial or in an expanded access program, in which case the patient receives a drug or substance approved for the use of those participants by the United States Food and Drug Administration.

However, the law is short and vague, and does not provide any more guidance than that.

What's Legal

Only CBD or a drug approved for use of participants in a clinical trial by the United States Food or Drug Administration are legal under SB 124. Products with trace amounts of other cannabinoids, such as THC, CBG, CBN, and any of the other non-CBD cannabinoids that exist in cannabis and cannabis based products are not legal.

Eligible Conditions

The law does not place any limitations on qualifying conditions.

Application Process

There is no application process; however, patients may only legally obtain and possess CBD if they have been given a written order from an eligible physician.

Doctor

Patients may only obtain a written order from a physician practicing at a hospital or associated clinic affiliated with a Kentucky public university having a college or school of medicine

Access/Caregivers

The law does not grant legal protections for caregivers.

Consumption

The law does not place restrictions on where patients may use CBD.

Age Limits

There are no age restrictions under SB 124.

Confidentiality

There is no patient registry under SB 124.  Physicians must adhere HIPPA rules regarding confidentiality of patient records.

Housing

The law does not offer housing protections for patients.

Employment

The law does not offer employment protections for patients.

Insurance

The law is silent on whether health insurance must cover patient access to CBD products in Kentucky.

Out of State patients

The law does not address out of state patients. Only patients with a written order from a physician practicing at a hospital or associated clinic affiliated with a Kentucky public university having a college or school of medicine may possess CBD in Kentucky, but the law does not specify that they must be residents of Kentucky.

For More Information

Project CBD - Does not contain specific information about Kentucky law, but provides more information on CBD therapy.

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