Governor Beshear's Executive Order on Medical Cannabis Q&A

Confusion continues over Kentucky Gov. Andy Beshear's executive order granting preemptive pardons for medical marijuana obtained out of state. Advocates say that a lack of clarity and understanding about the order is causing confusion and fear among those who need medical marijuana, with some even believing it has legalized the drug entirely.

"The current state of confusion surrounding the executive order granting conditional and preemptive pardons for medical cannabis is concerning. We hope that through the course of the next few months, we can clear up any misunderstandings and avoid any negative consequences for those seeking medical treatment," said Matthew Bratcher, Executive Director of the Kentucky NORML. "Many people may not have a clear understanding of what the executive order actually entails and may be misled."

He went on to say, "It's important to note that even with the executive order, crossing state lines with cannabis products remains illegal.  Any individuals who travel with cannabis do so at their own risk. Law enforcement officers do have guidance in the form of "palm cards" and the hope is that they will perhaps write a citation for the individual to show proper documents to the court or even let the patient go on about their way.  But there is fear that in rural areas, it will not be that simple.  There is still the possibility that law enforcement may chose to arrest a patient and let the legal process proceed in court. So again, patients are still at risk and should be extremely cautious in whatever they chose to do.”

We have shared frequently asked questions about the governor's executive order below. 

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:

1. The patient’s name, date of birth, home address and telephone number;
2. The physician’s name, address, telephone number, and professional license number;
3. A statement that the physician has a bona fide physician-patient relationship with the patient;
4. A statement by the physician that in his or her professional opinion the patient suffers from a medical condition listed in the order.

Q: What are the conditions covered under the executive order?
A: As of Jan 2023, 

1. cancer
2. ALS or Lou Gehrig's 
3. epilepsy
4. intractable seizures
5. Parkinson's disease
6. Crohn's disease
7. multiple sclerosis
8. sickle cell anemia
9. severe and chronic pain
10. PTSD
11. cachexia or wasting syndrome
12. neuropathies
13. severe arthritis
14. hepatitis C
15. fibromyalgia
16. intractable pain
17. muscular dystrophy
18. Huntington's Disease
19. HIV/AIDS
20. glaucoma
21. terminal illness

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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/