Navigating Medical Cannabis Regulations in Kentucky: A Guide for Citizens
As Kentucky moves towards implementing its medical cannabis program, local governments have significant decision-making power. It is vitally important to inform citizens about their options regarding medical cannabis businesses in their municipalities and the steps necessary to overturn local ordinances prohibiting these businesses.
Understanding Local Government Authority
Kentucky’s medical cannabis program allows local governments to opt out of permitting all types of medical cannabis business operations. However, they must decide before licenses are awarded in their jurisdiction, specifically by January 1, 2025. Local governments can later choose to opt back into the program. Additionally, voters can initiate procedures to hold an election, compelling the local government to permit medical cannabis businesses.
Consequences of a Prohibition Ordinance
County-Level Prohibition: If a county passes a prohibition ordinance, cannabis businesses are banned from operating anywhere in the county, affecting both unincorporated and incorporated areas, unless a city within the county takes separate action.
City-Level Actions: Cities within a prohibiting county can still pass their own ordinance to authorize cannabis businesses within their corporate limits or place the issue on the ballot for voters to decide.
When a jurisdiction decides to prohibit medical cannabis businesses, there are several potential consequences beyond the immediate restriction on business operations. These can impact various aspects of the community, including economic, health, and social factors.
Economic Impact
Loss of Revenue: Prohibiting medical cannabis businesses means missing out on potential tax revenue that these businesses could generate. This revenue could have been used for local infrastructure, public services, or community projects.
Job Creation: Medical cannabis businesses can create numerous jobs, ranging from cultivation and production to retail and administrative roles. Prohibiting these businesses means fewer job opportunities for residents.
Local Business Growth: Ancillary businesses, such as security services, construction companies, and local suppliers, also miss out on potential growth opportunities.
Health and Well-being
Access to Medicine: Patients who rely on medical cannabis for treatment may face difficulties in accessing their medicine locally. This could force them to travel long distances or turn to illegal sources, potentially compromising their health and safety.
Public Health Education: Medical cannabis businesses often provide educational resources about the safe use of cannabis for medicinal purposes. A prohibition could result in a lack of accessible information for patients and the community.
Social and Legal Consequences
Stigmatization: Prohibition can perpetuate the stigma associated with cannabis use, even for medicinal purposes. This can affect patients who use medical cannabis, making them feel marginalized or criminalized.
Black Market Activity: Prohibiting legal medical cannabis businesses can inadvertently support the illegal market, as patients and consumers may turn to unregulated sources to obtain cannabis.
Community Sentiment and Civic Engagement
Public Opinion: A prohibition may not reflect the views of the majority of the community, leading to dissatisfaction and decreased trust in local government.
Increased Civic Engagement: Prohibition can spur increased civic engagement as residents organize petitions, campaigns, and elections to overturn the ordinance.
Regional Disparities
Economic Disparities: Neighboring jurisdictions that permit medical cannabis businesses may see economic benefits, creating disparities between regions and potentially causing an outflow of business and residents.
Health Disparities: Patients in prohibiting jurisdictions may not have the same access to medical cannabis as those in permitting jurisdictions, leading to regional health disparities.
Jurisdictions considering prohibiting medical cannabis businesses must weigh these potential consequences carefully. Engaging with community members, conducting thorough impact assessments, and considering long-term effects on the local economy, public health, and social dynamics are crucial steps in making an informed decision.
Overturning a Prohibition Ordinance
Citizens can challenge a prohibition ordinance by filing a petition with the county clerk. If the petition garners a sufficient number of signatures, the matter will be put to a vote during the next regular election.
Placing the Matter to a Vote
If a county or city wishes to put the issue of allowing cannabis businesses to a vote, the following steps are required:
Pass a Resolution: The local government must pass a resolution to let voters decide on the matter.
File with the County Clerk: This resolution must be received by the county clerk by the second Tuesday in August before the regular election. For the 2024 election, the deadline is August 13, 2024.
Ballot Question: The ballot will pose the question: “Are you in favor of the sale of medicinal cannabis at a licensed dispensary and the operation of other cannabis businesses in (affected territory)? Yes... No...”
Understanding the local regulations and the steps required to either prohibit or permit medical cannabis businesses is crucial for both local governments and citizens. By staying informed and engaged, residents can actively participate in shaping the future of medical cannabis availability in their communities.
