Ky. Rev. Stat. » Chapter 61
Kentucky Revised Statutes

Ky. Rev. Stat. § 61.165 (2026)

Smoking policy for governmental office buildings or workplaces and

✓ current as of May 2026
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postsecondary education institutions.

(1) Except as otherwise specified for the Capitol and Capitol Annex in KRS 61.167, a policy for smoking in governmental office buildings or workplaces shall be adopted by state government. This policy shall apply to all state-owned or state-operated office buildings, workplaces, and facilities, including but not limited to state- operated hospitals and residential facilities for the intellectually disabled, state- operated veterans' nursing homes and health facilities, and any correctional facility owned by, operated by, or under the jurisdiction of the state.

(2) Except as otherwise specified for the Capitol and Capitol Annex in KRS 61.167, any policy relating to smoking in state office buildings or workplaces shall be by executive order of the Governor or action of the General Assembly, and shall:

(a) 1. Require the governmental authority to provide accessible indoor smoking areas in any buildings where smoking is otherwise restricted; and

2. Favor allowing smoking in open public areas where ventilation and air exchange are adequate and there are no restrictions otherwise placed on the area by the state fire marshal or other similar authority; or

(b) Prohibit indoor smoking.

(3) Except as otherwise specified for the Capitol and Capitol Annex in KRS 61.167, a policy for smoking in governmental office buildings or workplaces may be adopted by county, municipal, special district, urban-county, charter county, or consolidated local governments. Any policy adopted under this subsection may apply to any office buildings, workplaces, or facilities that are owned by, operated by, or under the jurisdiction of that government, including but not limited to jails and detention facilities. Any policy relating to smoking in governmental office buildings or workplaces of counties, municipalities, special districts, urban-county governments, charter county governments, or consolidated local governments shall be adopted in writing by the legislative body of the government and shall:

(a) 1. Require the government authority to provide accessible indoor smoking areas in any buildings where smoking is otherwise restricted; and

2. Favor allowing smoking in open public areas where ventilation and air exchange are adequate and there are no restrictions otherwise placed on the area by the state fire marshal or other similar authority; or

(b) Prohibit indoor smoking.

(4) Each board of regents or trustees for each of the state postsecondary education institutions shall adopt a written policy relating to smoking in all buildings owned by, operated by, or under the jurisdiction of the state postsecondary education institutions that shall:

(a) 1. Provide accessible indoor smoking areas in any buildings where smoking is otherwise restricted; and

2. Favor allowing smoking in open public areas where ventilation and air exchange are adequate and there are no restrictions otherwise placed on the area by the state fire marshal or other similar authority; or

(b) Prohibit indoor smoking. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 141, sec. 6, effective July 15, 2010. -- Amended 2006 Ky. Acts ch. 115, sec. 1, effective July 12, 2006. -- Amended 2004 Ky. Acts ch. 72, sec. 2, effective July 13, 2004. -- Created 1994 Ky. Acts ch. 480, sec. 1, effective July 15, 1994.

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2004–2025 · leading case: Lexington Fayette Cnty. Food & Beverage Ass'n v. Lexington-Fayette Urban Cnty. Gov't, 131 S.W.3d 745 (Ky. 2004).
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Lexington Fayette Cnty. Food & Beverage Ass'n v. Lexington-Fayette Urban Cnty. Gov't, 131 S.W.3d 745 (Ky. 2004). · cites it 2× “215, called the "Kentucky Food, Drug and Cosmetic Act" and 902 KAR 45:005, called the "Retail Food Code"; (2) KRS 61.165, which governs smoking policy for all state and local government offices; (3) KRS 56.”
Bullitt Fiscal Court v. Bullitt Cnty. Bd. of Health, 434 S.W.3d 29 (Ky. 2014). · cites it 3× “We note that the Kentucky General Assembly has regulated smoking in state-owned and managed facilities, thus acknowledging that smoking is a matter of public health.”
Davis v. Mosley (E.D. Ky. 2025). “§ 61.165 provides the state government shall adopt a smoking policy that applies to state-owned or state-operated office buildings.”
Lexington-Fayette Urban Cnty. Gov't v. Fraternal Order of Police, Bluegrass Lodge 4 (Ky. 2025). “215, called the “Kentucky Food, Drug and Cosmetic Act” and 902 KAR 45:005, called the “Retail Food Code”; (2) KRS 61.165, which governs smoking policy for all state and local government offices; (3) KRS 56.”
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