Kentucky: Lawmakers Approve Medical Cannabis Access Legislation
Members of the House and Senate have approved legislation, Senate Bill 47, regulating the production and dispensing of cannabis products to authorized patients.
“Today is an incredible victory for Kentucky,” said Matthew Bratcher, Executive Director of Kentucky NORML. “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. 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.
The measure now awaits action from Democratic Gov. Andy Beshear, who supports the change in law. In November, Gov. Beshear signed an executive order providing legal protections for qualifying patients who obtain medical cannabis products from out-of-state. In December, members of Kentucky NORML and others met with the Governor to emphasize the need for medical cannabis legalization.
Senate Bill 47 directs the state’s Cabinet for Health and Family Services to implement a medical cannabis access program. Under the plan, patients with chronic pain, epilepsy, post-traumatic stress, spasticity, and other designated conditions will be able to obtain an uninterrupted 30-day supply of medical cannabis. Qualified patients who test positive for the presence of carboxy-THC on a urine drug test “shall not be considered to be under the influence.” The bill further adds, “A registered qualified patient or visiting qualified patient who uses medicinal cannabis shall be afforded all the same rights under state and local law … as the individual would have been afforded if he or she were solely prescribed pharmaceutical medications as they pertain to drug testing required by any state or local law.” Patients cannot face discrimination with respect to medical procedures (e.g., organ transplants), child visitation, or school enrollment solely due to their medical cannabis patient status.
Home cultivation of cannabis is not permitted under the legislation. Regulations governing the program would need to be finalized by January 1, 2024.
Upon enactment, Kentucky will be the 38th state to regulate medical cannabis production and distribution.
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Paul Armentano has over two decades experience working professionally in cannabis policy. He is the Deputy Director of NORML. He also serves on the faculty of Oaksterdam University in Oakland, where he is the Chair of Science.
His writing on cannabis and cannabis policy has appeared in over 1,000 publications, scholarly and/or peer-reviewed journals, as well as in more than two dozen textbooks and anthologies. He is a regular contributor to TheHill.com as well as to numerous other print and online publications. Mr. Armentano is the co-author of the book Marijuana is Safer: So Why Are We Driving People to Drink? (2009, Chelsea Green), which has been licensed and translated internationally. He is also the author of the book The Citizen’s Guide to State-By-State Marijuana Laws (2015), available from Whitman Publishing. He is the author and editor of the NORML-produced publication Emerging Clinical Applications for Cannabis and Cannabinoids, which summarizes over 400 peer-reviewed studies specific to the safety and efficacy of cannabis among different patient populations.
Mr. Armentano was the principal investigator for defense counsel in the federal case US v Schweder et al., one of the first legal cases in decades to challenge the constitutionality of cannabis as a schedule I controlled substance. He was also an expert in the successful Canadian constitutional challenge, Allard v Canada, which preserved qualified patients right to grow cannabis at home.
He is the 2013 Freedom Law School Health Freedom Champion of the Year and the 2013 Alfred R. Lindesmith award recipient in the achievement in the field of scholarship. He is the 2019 Al Horn Memorial Award recipient in appreciation of advancing the cause of justice.
Mr. Armentano works closely with numerous state and federal politicians with regard to drafting and enacting marijuana policy reforms, and he is a frequently sought speaker on the topic at legal and academic seminars.
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