Kentucky could see medical marijuana changes, including opt-outs, more conditions allowed

This article was originally published by WKRC, reporter James Pilcher.

CINCINNATI (WKRC) — With the deadline to begin the sale of medical marijuana in Kentucky less than nine months away, new dueling proposals are being introduced to alter the program.

The Kentucky House Health Services Committee passed its version of adjustments to the state's medical marijuana program to the full House on Thursday. Then, the senator who spearheaded the original law legalizing medical cannabis in 2023, also introduced his proposed changes.

Both would have dramatic changes to the program that's set to begin Jan. 1, 2025.

Ky. Sen. Steve West, R-Millersburg, introduced SB 337, adding 10 more conditions that would qualify someone for a medical marijuana card in Kentucky.

Under the existing law, six conditions qualified for a medical marijuana card. These original conditions included epilepsy, multiple sclerosis, chronic nausea or vomiting, cancer, severe or chronic pain, and PTSD.

West said that the bill is what Beshear's administration is asking for. And as the original sponsor of SB 47 that legalized medical cannabis, he's introducing these proposed changes.

The bill would add 10 more medical conditions to the list, including ALS or Lou Gehrig's disease, Parkinson's, sickle cell disease, glaucoma, arthritis, HIV/AIDS, chronic or debilitating pain, muscular dystrophy, irritable bowel syndrome, and any terminal disease.

Gov. Andy Beshear previously said that the new conditions would make nearly 500,000 more people eligible to get a medical marijuana card.

Local 12 asked West about how the Beshear administration was introducing the program.

(WKRC)

“This is, in my opinion, my personal opinion, very unusual with this administration. I feel they've done a pretty good job with the rollout,” West said. “It's still in process, so it's not the end of the line, but so far I've been pleased."

Meanwhile the House Health Committee on Thursday passed HB 829, which was introduced by Ky. Rep. Jason Nemes, R-Louisville. It has several provisions, but the biggest ones included allowing private religious schools, and perhaps some public schools, to refuse to give medical cannabis to minors – even if their parents got them a card and it's needed.

“So, if their policy is that they don’t want to allow it, they can do that. If they do allow it, who’s going to administer the medication? Is it going to be a nurse or is it going to be someone else on staff? Is it going to be a parent?" Nemes said at the committee hearing.

Local 12 asked Ky. Rep. Kim Moser, R-Taylor Mill, who chairs the committee, if she was in favor of that opt-out option.

“It gives me a little bit of pause that it would eliminate a child with a seizure disorder, for example, who is stable on medication,” said Moser, who said otherwise she strongly favors the changes.

The bill also requires a pharmacist to consult with anyone getting a medical cannabis card. Matthew Bratcher, Executive Director of the Kentucky branch of the National Organization for the Reform of Marijuana Laws, said his group is vehemently opposed to that provision.

"That's something we fought for years against, from the very beginning,” Bratcher said. “We don't think there's any need for pharmacists to be involved in the process. It's just another hurdle and another expense for patients."

Those Local 12 spoke with also said that the state still may not make the Jan. 1 deadline. The biggest hang-up is getting growers and cultivators up and running as well as licensed.

Any cannabis product sold under the program would need to be grown in the commonwealth because it's against federal law to transport it across state lines.

Legal medical marijuana sales began in Ohio in January 2019. Voters in Ohio approved recreational marijuana last November. It's now legal to own and use cannabis in Ohio, but not yet buy it. Sales are supposed to begin by November, but the state senate passed a bill in December that would allow sales to begin sooner at existing medical dispensaries.

The Ohio house has yet to take up any competing measure, however.

A bill legalizing recreational use in Kentucky was introduced earlier this year by state Rep. Rachel Roberts, D-Newport, but it has yet to be assigned a committee or get a hearing in Frankfort.