As we have discussed previously, the Kentucky Cabinet for Health and Family Services (“Cabinet”) is responsible for developing specific regulations for the state’s Medical Cannabis Program (“Program”). Just yesterday, the Cabinet published ten draft regulations, which set the operating requirements for the various types of licensed operators within the Program (cultivators, processors, producers and dispensaries). The draft regulations also include rules for medical cannabis transportation, packaging and labeling, advertising and testing. Critically, the draft regulations do not shed any light on the upcoming license application round or timeline therefor. But, the Cabinet’s press release does make clear the Cabinet is in the process of developing additional administrative regulations.

The published draft regulations are now subject to a public review and comment period. Individuals have until March 31, 2024 to submit written comments on the draft regulations to the Cabinet. In turn, if requested, the Cabinet will hold a virtual public hearing on the draft regulations on March 24, 2024. Individuals interested in participating in this virtual public hearing must notify the Cabinet of their intent to do so no later than five workdays prior to the hearing. As our readers know, pursuant to the Kentucky medical cannabis statute, the Program is scheduled to launch by January of next year. With that date fast approaching on the horizon, we would expect the Cabinet to ramp up rulemaking activity in the coming months and soon provide more details on the application process and timeline. Stay tuned.