FRANKFORT, Ky. (WDRB) – The Kentucky Court of Appeals has sided with a lower court judge in dismissing a lawsuit seeking to overturn the state's ban on marijuana for medical purposes.
The three-panel appeals court unanimously agreed that the decision to legalize medical marijuana is something that must be decided by the legislature.
“The determination that marijuana is safe to use for medical purposes is a determination to be made by the legislature,” the court ruled. “Our constitution authorizes the General Assembly, not our courts, to implement statutory changes which reflect public policy regarding health, safety and crime.”
In a September 2017 ruling, Franklin Circuit Judge Thomas Wingate recognized that marijuana has the potential for medicinal use. But he said the three people who filed the lawsuit do not have a constitutional right to violate a controlled-substance law.
