Kentucky Governor Announces Medicinal Cannabis Plan

Democratic Kentucky Gov. Andy Beshear released a plan to make medical cannabis available to medical patients and said lawmakers had made no progress on the issue. Beshear’s announcement comes after state lawmakers rejected a bill legalizing medicinal cannabis last month.

“It’s time, and it may bring some relief to some sick Kentuckians,” Beshear said at a news conference, as quoted by the Lexington Herald-Leader.

In March, the Kentucky House of Representatives passed Bill 136, legislation that would have legalized the medicinal use of cannabis for certain medical conditions and created a regulatory framework for the commercial production and sale of cannabis. But after the state Senate failed to approve the measure, Beshear said on April 7 that he was considering taking executive branch action to get medical marijuana into the hands of patients. On Wednesday, the governor announced a corresponding plan.

“If they don’t act — not even give a Senate hearing — then I believe it’s my duty to see what’s possible given the will of the people and their desire to move forward,” he said. “It’s time to definitely move the conversation forward.”

“Would I have preferred it if the legislature had passed it?” asked Beshear. “Yes. But they didn’t.”

Governor creates advisory board

Beshear said he has asked his general counsel for information on what executive action can be taken to advance the medical cannabis process without state approval. He also said he would appoint a governor’s medical cannabis advisory team to hold meetings across Kentucky to get residents’ opinions on the issue. The Governor’s Office has also established an email account (GovMedicalCannabisAdvisoryTeam@ky.gov) for residents unable to attend the public hearings to contribute.

“Let me be clear: I’m pro-medical cannabis,” Beshear said. “I want it to be done right and we will be looking very closely at our legal options. And at the same time we want to hear from you.”

The GOP-controlled legislature has resisted previous executive orders made by Beshear and enacted legislation to limit its use. But the governor said his efforts were motivated by compassion, not politics.

“If you meet a parent who can’t stop their child from having seizures, but they’ve been to another state and that’s working, they should have an opportunity to help that child,” Beshear said.

When asked if Kentucky should legalize recreational cannabis, Beshear said he wasn’t ready to go that far just yet. But he said he supports the decriminalization of cannabis possession.

“Nobody has to go to jail for possession of marijuana, which would ultimately result in losing their job, treating their family harshly,” Beshear said. “And it’s very rare that it’s happening right now. But I think the fact that it’s still happening shows that we’re a little out of date.”

GOP lawmakers blast governor’s plan

But Republican lawmakers rebuked the governor for his statements. Senate President Robert Stivers said Beshear does not have the authority to unilaterally legalize cannabis.

“The public should be concerned about a governor who believes he can change the statute by executive order,” Stiver wrote in a statement Thursday night. “He just can’t legalize medical marijuana by executive order; You cannot replace a statute with an executive order as this is a violation of the constitutional separation of powers.”

The Senate President also said he opposes moves to levy taxes on medicinal cannabis.

“The governor has previously indicated that he intends to tax marijuana; We don’t tax medicine in Kentucky,” Stiver added. “If our governor really believes that marijuana should be used for medical purposes, taxing it would be grossly inappropriate.”

Stiver went on to say that a cannabis research-related bill has been passed by state legislatures, but Beshear has so far failed to sign the measure into law.

“The General Assembly has made efforts to conduct additional research on medical marijuana through the passage of HB 604 during this past legislative session,” he wrote. “HB 604 establishes the Kentucky Center for Cannabis Research at the University of Kentucky to research the efficacy of medicinal cannabis. The governor may be pro-medical marijuana, but he still hasn’t signed HB 604, which has been on his desk since April 14.”

Beshear said his government will spend the next two months further developing a plan to legalize medicinal cannabis through executive action.

“It has to be done right,” he said. “And I believe that we have the opportunity to create the right regulatory framework where we don’t see abuse. And that gives us a chance to reflect in the coming months. But we will consider action and a culmination of some form of action depending on our legal options.”