§ 39.151. DEFINITIONS.  


Latest version.
  • For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
    ADULT. Twenty-one years of age or older.
    LOWEST LEVEL ENFORCEMENT PRIORITY. All law enforcement activities related to offenses other than marijuana possession offenses by adults shall be given a higher priority than law enforcement activities related to marijuana possession offenses by adults.
    MARIJUANA. All parts of the plant Cannabis sp., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin or any compound, mixture, or preparation which contains any quantity of these substances. The term "marijuana" does not include:
    (1) Industrial hemp that is in the possession, custody, or control of a person who holds a license issued by the Department of Agriculture permitting that person to cultivate, handle, or process industrial hemp;
    (2) Industrial hemp products that do not include any living plants, viable seeds, leaf materials, or floral materials;
    (3) The substance cannabidiol, when transferred, dispensed, or administered pursuant to the written order of a physician practicing at a hospital or associated clinic affiliated with a Kentucky public university having a college or school of medicine;
    (4) For persons participating in a clinical trial or in an expanded access program, a drug or substance approved for the use of those participants by the United States Food and Drug Administration;
    (5) A cannabidiol product derived from industrial hemp, as defined in KRS 260.850; or
    (6) A cannabidiol product approved as a prescription medication by the United States Food and Drug Administration.
    MINOR. Any person who is not 21 years of age or older.
    PERSON. A human being, and where appropriate, a public or private corporation, an unincorporated association, a partnership, a government, or a governmental authority.
    PERSONAL USE. One-half ounce or less of marijuana.
    POSSESSION. To have actual physical possession or otherwise to exercise actual dominion or control over or use or consume marijuana.
    PUBLIC SAFETY OFFICIALS. Employees of the Louisville Metro Police Department ("LMPD"), Louisville Metro Department of Corrections ("LMDC"), and other Metro Government peace officers.
    (Lou. Metro Ord. No. 84-2019, approved 7-18-2019)