Kentucky Medical Cannabis FAQs
02/05/23
Kentucky NORML has issued a clarification regarding the status of medical cannabis in the state.
It is important to note that medical cannabis is not legal in Kentucky and the Governor's recent executive order only pertains to pardons for individuals who have medical cannabis in their possession, not to the legality of possessing or using medical cannabis.
The executive order requires individuals to provide documentation to show that they have been diagnosed with at least one of the eligible conditions in the executive order and that they have a bona fide relationship with the healthcare provider. However, this does not mean that possessing or using medical cannabis is legal in Kentucky.
Additionally, crossing state lines with medical cannabis, regardless of documentation, remains a violation of federal law. It is the responsibility of individuals to weigh the risks and make informed decisions about their actions.
Kentucky NORML strongly advises the public to be cautious of businesses selling medical cannabis cards or certifications for exorbitant prices, as the executive order on medical cannabis has not been tested in courts as of yet, and there is no guarantee that these cards or letters will be verified by a judge.
For accurate and up-to-date information about the progress of marijuana reform in Kentucky, please visit kynorml.org or contact us at info@kynorml.org or 502-888-1522 for assistance and guidance.
Kentucky NORML has issued a clarification regarding the status of medical cannabis in the state.
It is important to note that medical cannabis is not legal in Kentucky and the Governor's recent executive order only pertains to pardons for individuals who have medical cannabis in their possession, not to the legality of possessing or using medical cannabis.
The executive order requires individuals to provide documentation to show that they have been diagnosed with at least one of the eligible conditions in the executive order and that they have a bona fide relationship with the healthcare provider. However, this does not mean that possessing or using medical cannabis is legal in Kentucky.
Additionally, crossing state lines with medical cannabis, regardless of documentation, remains a violation of federal law. It is the responsibility of individuals to weigh the risks and make informed decisions about their actions.
Kentucky NORML strongly advises the public to be cautious of businesses selling medical cannabis cards or certifications for exorbitant prices, as the executive order on medical cannabis has not been tested in courts as of yet, and there is no guarantee that these cards or letters will be verified by a judge.
For accurate and up-to-date information about the progress of marijuana reform in Kentucky, please visit kynorml.org or contact us at info@kynorml.org or 502-888-1522 for assistance and guidance.
Did Kentucky legalize medical cannabis?
No. While there are medical cannabis bills moving through Kentucky General Assembly 2023, there is no medical cannabis program yet.
Are dispensaries open in Kentucky?
No. Since there is no medical cannabis program in Kentucky, there are no medical marijuana dispensaries open.
There are several retailers that do sell CBD products, but hemp flower is illegal to sell in Kentucky. Visit our Cannabis Business Directory for more Information.
There are several retailers that do sell CBD products, but hemp flower is illegal to sell in Kentucky. Visit our Cannabis Business Directory for more Information.
What about the Governor's Executive order on medical cannabis?
Q: When is Executive Order 2022-798 effective
A: January 1, 2023.
Q: Is Executive Order 2022-798 retroactive?
A: No. The order applies January 1, 2023 and after.
Q: Does Executive Order 2022-798 require a person to have a state-issued medical cannabis card?
A: No. The order requires a person to have a written certification from a physician that shows the person has been diagnosed with one of the 21 medical conditions listed in the order.
Q: What must be in a physician’s written certification?
A: The written certification must contain all of the following:
A: As of Jan 2023,
Q: Is the written certification a prescription?
A: No.
Q: Does the physician have to recommend medical cannabis in this written certification?
A: No.
Q: Does Executive Order 2022-798 apply to a Kentucky resident who buys medical cannabis in a state that does not allow non-residents of that state to buy medical cannabis here?
A: No. The order applies only to individuals who lawfully buy medical cannabis in another state.
Q: Other than the written certification, what other documents does Executive Order 2022-798 require?
A receipt or other document showing the place of purchase, the location of the place of purchase, and the date of purchase. You must also keep your products in the original, unopened packages.
Q: Does Executive Order 2022-798 apply to federal law?
A: No. The order applies only to the Kentucky crime of possession of marijuana and does not apply to any federal law or the laws of any state other than Kentucky.
Q: Does Executive Order 2022-798 apply to a person who possesses medical cannabis on an airplane?
A: No. The order does not apply to federal law that would apply to air travel.
Q: Does Executive Order 2022-798 apply to people in Kentucky who grow or sell cannabis?
A: No. The order applies only to possession of 8 ounces or less of medical cannabis. It does not apply to any person who grows, produces, sells, or distributes medical cannabis.
Q: Are Nurse Practitioners allowed to provide the written certification?
A: No. The written certification must be provided by a physician who is authorized to write prescriptions for controlled substances.
Q: Does Executive Order 2022-798 apply to a caregiver who possesses medical cannabis?
A: Yes. The order applies to a caregiver age 21 years or older who has significant responsibility for managing the well-being of the individual the caregiver lawfully bought the medical cannabis for. If in possession of the medical cannabis, the caregiver must have a written document showing that he or she is a caregiver for the person. This written document is not required for a parent or legal guardian of the individual.
Q: What does Executive Order 2022-798 do?
A: The order pardons an individual who on or after January 1, 2023, is accused of the crime of possession of marijuana under KRS 218A.1422.
For more information visit https://medicalcannabis.ky.gov/
A: January 1, 2023.
Q: Is Executive Order 2022-798 retroactive?
A: No. The order applies January 1, 2023 and after.
Q: Does Executive Order 2022-798 require a person to have a state-issued medical cannabis card?
A: No. The order requires a person to have a written certification from a physician that shows the person has been diagnosed with one of the 21 medical conditions listed in the order.
Q: What must be in a physician’s written certification?
A: The written certification must contain all of the following:
- The patient’s name, date of birth, home address and telephone number;
- The physician’s name, address, telephone number, and professional license number;
- A statement that the physician has a bona fide physician-patient relationship with the patient;
- A statement by the physician that in his or her professional opinion the patient suffers from a medical condition listed in the order.
A: As of Jan 2023,
- cancer
- ALS or Lou Gehrig's
- epilepsy
- intractable seizures
- Parkinson's disease
- Crohn's disease
- multiple sclerosis
- sickle cell anemia
- severe and chronic pain
- PTSD
- cachexia or wasting syndrome
- neuropathies
- severe arthritis
- hepatitis C
- fibromyalgia
- intractable pain
- muscular dystrophy
- Huntington's Disease
- HIV/AIDS
- glaucoma
- terminal illness
Q: Is the written certification a prescription?
A: No.
Q: Does the physician have to recommend medical cannabis in this written certification?
A: No.
Q: Does Executive Order 2022-798 apply to a Kentucky resident who buys medical cannabis in a state that does not allow non-residents of that state to buy medical cannabis here?
A: No. The order applies only to individuals who lawfully buy medical cannabis in another state.
Q: Other than the written certification, what other documents does Executive Order 2022-798 require?
A receipt or other document showing the place of purchase, the location of the place of purchase, and the date of purchase. You must also keep your products in the original, unopened packages.
Q: Does Executive Order 2022-798 apply to federal law?
A: No. The order applies only to the Kentucky crime of possession of marijuana and does not apply to any federal law or the laws of any state other than Kentucky.
Q: Does Executive Order 2022-798 apply to a person who possesses medical cannabis on an airplane?
A: No. The order does not apply to federal law that would apply to air travel.
Q: Does Executive Order 2022-798 apply to people in Kentucky who grow or sell cannabis?
A: No. The order applies only to possession of 8 ounces or less of medical cannabis. It does not apply to any person who grows, produces, sells, or distributes medical cannabis.
Q: Are Nurse Practitioners allowed to provide the written certification?
A: No. The written certification must be provided by a physician who is authorized to write prescriptions for controlled substances.
Q: Does Executive Order 2022-798 apply to a caregiver who possesses medical cannabis?
A: Yes. The order applies to a caregiver age 21 years or older who has significant responsibility for managing the well-being of the individual the caregiver lawfully bought the medical cannabis for. If in possession of the medical cannabis, the caregiver must have a written document showing that he or she is a caregiver for the person. This written document is not required for a parent or legal guardian of the individual.
Q: What does Executive Order 2022-798 do?
A: The order pardons an individual who on or after January 1, 2023, is accused of the crime of possession of marijuana under KRS 218A.1422.
For more information visit https://medicalcannabis.ky.gov/