Kentucky Legalizes Medical Marijuana: What Happens Next?

Well, here’s some positive news to round off your week, Leafly Nation!

Earlier today, Kentucky became the 38th state to legalize medicinal cannabis when Gov. Andy Beshear (D) signed Senate Bill 47 into law.

The victory follows failed attempts to pass similar legislation in 2020 and 2022.

While SB 47 provides a high-level overview of how the program works, we caution our friends in Kentucky not to get too excited: It will be a hot minute before qualified patients can purchase medical marijuana in the state of bluegrass.

Read on to learn more about the licensing requirements for medical cannabis in Kentucky, the types of products the law allows, and when stores might open their doors.

When will medical cannabis be available in Kentucky?

Medical marijuana could be available for purchase as early as January 1, 2025.

Senate Bill 47 gives the Kentucky Cabinet for Health and Family Services responsibility for setting regulations for the program. The law requires this office to complete many program policies and regulations by July 1, 2024.

Karen O’Keefe, director of state policy at the Marijuana Policy Project, said:

“Kentuckians who are suffering will finally have access to safe, legal medicinal cannabis. We applaud the Kentucky Legislature for recognizing the value of medicinal cannabis and passing legislation that will help serve and meet the needs of patients with serious illnesses across the state, and are also grateful that they the governor is committed to this compassionate issue.”

What forms of medicinal cannabinoids can medicinal patients buy in Kentucky?

Medical marijuana patients in Kentucky have access to the standard forms of marijuana – edibles, oils, tinctures, capsules, etc. – with one odd exception:

Pharmacies are not allowed to sell “raw” cannabis flowers for smoking. Buuut, patients can buy flowers to vape. Pre-rolls are out.

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The math also includes a few potency limits: Flower must contain no more than 35% THC. Concentrates and topical products must contain no more than 70% THC. Edibles must contain no more than 10 milligrams of THC per serving. Is it bad? Potency caps for flowers and edibles should be fine, but potency caps for extracts will be problematic.

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“Today is an incredible win for Kentucky,” said Matthew Bratcher, executive director of Kentucky NORML. “For years, Kentucky residents have been calling for the legalization of medicinal cannabis, and now they have the freedom to safely access regulated therapeutic products right in the comfort of their own homes. While much remains to be done, this is a historic step and we look forward to continuing our work as representatives of Kentucky patients.”

How Much Cannabis Can Kentucky Patients Possess?

Kentucky allows medical marijuana patients to possess marijuana in their home for up to 30 days and to carry up to 10 days’ worth of marijuana on their person.

Officials must determine the amount that constitutes a 30-day or 10-day supply.

SB 47 does not allow self-installation. boo

Will Kentucky Tax Medical Marijuana for Patients?

Patients don’t pay state taxes or excise taxes on marijuana, but the state will tax dispensaries and producers.

Who qualifies as a medical cannabis patient in Kentucky?

Senate Bill 47 establishes a list of current licensing requirements for medical marijuana. They include:

• Any type or form of cancer, regardless of stage
• Chronic, severe, intractable, or debilitating pain
• Epilepsy or other intractable seizure disorders
• Multiple sclerosis, muscle spasms or spasticity
• Chronic nausea or cyclic vomiting that has proven resistant to other conventional medical treatments
• Post-traumatic stress disorder

Senate Bill 47 also allows a newly formed state agency, the Kentucky Center for Cannabis, to add additional qualifying terms to the list.

The program dictates that certification is only valid for 60 days at a time and patients must have their first visit in person.

What else do prospective medical patients and marijuana businesses in Kentucky need to know?

The bill includes some other important information for potential businesses and patients alike:

• Kentucky will not allow marijuana companies to advertise.
• A local government can choose to refuse to allow pharmacies, but residents can vote to opt-in again.
• The State Medical Council and State Nursing Council will certify practitioners to legally certify patients

Find out more about legalization in your state with Leafly.