Kentucky Governor ‘Proudly' Signs Medical Cannabis Bill

When Kentucky Gov. Andy Beshear indicated last May he would be issuing an executive order on legalizing medical cannabis, leaders in the state’s General Assembly accused him of overstepping the constitutional separation of powers.

Now, less than a year later, the legislative powers of government have aligned with Beshear’s executive pen via a 66-33 vote March 30 in the House to pass a medical cannabis legalization bill and send it to the governor’s desk. The Senate approved the bill with a 26-11 vote on March 16.

The legislation, Senate Bill 47, will open access to medical cannabis for Kentuckians with cancer, chronic pain or nausea, epilepsy, multiple sclerosis, post-traumatic stress disorder, or any other medical condition or disease determined by the Kentucky Center for Cannabis.

“Today the General Assembly finally took action and passed a bill to legalize medical cannabis—something the majority of Kentuckians support,” Beshear said in a tweet shortly following the House’s vote on Thursday. “I am thankful this progress has been made, and I will proudly sign this bill into law tomorrow.”

Today the General Assembly finally took action and passed a bill to legalize medical cannabis – something the majority of Kentuckians support. I am thankful this progress has been made, and I will proudly sign this bill into law tomorrow. 2/2

— Governor Andy Beshear (@GovAndyBeshear) March 30, 2023

With Beshear’s signature, which he provided shortly after 10 a.m. Friday, Kentucky is the 38th state to legalize a medical cannabis program in the U.S. without strict restrictions, like in Texas, where THC is capped at 1% on a dry-weight basis, or in Georgia, where patients are limited to low-THC cannabis oil.

“Far too many people face the obstacle of having chronic or terminal diseases like cancer, or those like our veterans suffering from PTSD, or Kentuckians living with epilepsy, seizures, Parkinson’s or more," Beshear said before signing the bill at a March 31 press conference. "These folks want and deserve safe and effective methods of treatment.”

While smoking cannabis is prohibited under S.B. 47, Kentucky patients will have access to dried flower for vaporizing, much like in neighboring Ohio’s medical program. In addition, there is a 35% THC cap on cannabis flower, while edibles, oils and tinctures are capped at 10 milligrams of THC per serving, and concentrates are capped at 70% THC, according to the bill.

Home cultivation remains prohibited for all Kentuckians.

“For years, patients have fought long and hard to urge the Legislature to pass a bill that would alleviate their suffering, and with this latest vote, Kentucky is finally on the brink of becoming the next state to legalize medical cannabis,” Kevin Caldwell, Southeast legislative manager at Marijuana Policy Project, said in a statement following Thursday’s passage.

“While S.B. 47 is more restrictive compared to some state medical cannabis laws, it is a vital step forward toward meeting the needs of patients in Kentucky,” he said. “They should not continue to suffer or be forced to seek relief in the illicit market.”

Kentucky’s legalization comes after Republican Rep. Jason Nemes spearheaded past reform efforts in the House, where lawmakers passed a medical cannabis legalization bill with bipartisan support in March 2022. But the Senate failed to advance the measure in the upper chamber—a replay of 2020.

That repeated Senate inaction spurred Beshear to explore other pathways toward legalization, beginning with a four-step plan last April that included establishing a Medical Cannabis Advisory Team.

By November, Beshear issued an unprecedented executive order to allow Kentuckians with 21 listed qualifying conditions who legally purchase cannabis out of state with proof of a receipt to possess up to 8 ounces through his constitutional authority of a preemptive pardon. The executive order went into effect Jan. 1.

Four days later, Republican Sen. Stephen West introduced S.B. 47, which drew the co-sponsorship from 13 colleagues in the upper chamber—the same body that had blocked House versions of reform in past years.

Through legislative action, Kentucky will now have a medical program allowing patients to purchase cannabis within the state. The Cabinet for Health and Family Services (CHFS) will be charged with the implementation, operation and oversight of that program with regulations to be established by July 1, 2024, according to the bill.

The state’s licensed businesses will include dispensaries, processors, producers, testing laboratories, and four tiers of indoor cultivation facilities—from 2,500 square feet to 10,000 square feet, 25,000 square feet and 50,000 square feet.

The legislation does not list a statewide licensing cap for any business type, but the CHFS can deny an application for a cannabis business licensure for any reason that the cabinet “deems sufficient,” according to the bill.

Municipalities will have local control over prohibiting cannabis businesses from operating within their government jurisdictions through the passage of an ordinance. But citizen-led petitioners who collect enough signatures can put a question before voters to allow those businesses.

Regardless, qualifying medical patients throughout Kentucky will be allowed to have a 10-day supply of medical cannabis on their person or a 30-day supply in their residence. Those possession amounts will be determined by seven physicians and two advanced nurse practitioners who will make up a Board of Physicians and Advisors within the CHFS, according to the bill.

“For years, Kentuckians have been calling for medical cannabis legalization, and with this passage, they will soon have the freedom to safely access regulated, therapeutic products right here at home,” Kentucky NORML Executive Director Matthew Bratcher said in a statement. “While there is still much work to be done, this is a historic first step, and we look forward to continuing our work representing Kentucky patients.”