Kentucky legislators submit bills to legalize cannabis

Cannabis policy reform could come to Kentucky with the filing of separate bills legalizing medicinal and adult-use cannabis.

On Thursday, Democrats Sen. David Yates, Sen. Morgan McGarvey and Rep. Rachel Roberts introduced identical bills into the Kentucky Senate and House of Representatives to end cannabis prohibition. The bill, titled the LETTS Grow Act (House Bill 521 and Senate Bill 186), would legalize both medical and recreational cannabis.

“Our legislation is the comprehensive plan that Kentucky residents deserve, and it builds on what has worked in other states while avoiding their mistakes,” Roberts said in a Thursday news conference. “This would be a boon to our economy and farmers alike, and would provide an important new revenue stream for state and local governments.”

The title of the bill stands for legalize, obliterate, treat and tax, lawmakers noted. Under the legislation, adults would be permitted to possess up to one ounce of marijuana in public and up to 12 ounces in a private location. The use of cannabis to treat conditions “where an authorized physician believes a cardholder patient may derive therapeutic or palliative benefit from the use of medicinal cannabis” would also be legalized by the law.

Adults and patients are allowed to share up to an ounce of cannabis. Home growing of up to 10 mature cannabis plants would also be allowed. The bill also includes provisions for automatic cancellation of cannabis-related misdemeanor charges after one year. Yates noted that the bill would help ease the pressure on Kentucky’s overcrowded prisons and free the police force to focus on other matters.

“By decriminalizing low-level marijuana crimes, it allows police and courts to reprioritize their resources to address more serious crimes,” Senator Yates said. “Underage marijuana possession offenders, many of them young people, should not be burdened with a criminal record and the life sentences and stigmas that come with it. We put too many people behind bars for this crime. Our prisons are full of it, and it is both unfair and costly.”

The measure waives a 6 percent state tax on cannabis products, and local governments could levy an additional tax of up to 5 percent. Roberts said that based on information from Michigan and Illinois, Kentucky could generate up to $100 million in new tax revenue each year by legalizing and regulating the production and sale of cannabis.

“Make no mistake: Kentucky residents grow cannabis, they sell cannabis, they use cannabis,” Roberts said. “We just don’t regulate it for their safety or to benefit from the tax revenue it should generate. We are leaving money behind and at the same time ignoring the wishes of our citizens.”

Proceeds from cannabis taxes would be used to fund substance abuse treatment programs, as well as scholarships and grants for communities disproportionately harmed by the war on drugs.

“Our plan is both comprehensive and caring,” Roberts said. “It helps those who are ill, it gives a second chance to those who shouldn’t be charged, and it would put Kentucky at the epicenter of a multi-billion dollar deal almost overnight.” We should not have to wait another year to reap these significant benefits.”

Medicinal cannabis bill also submitted

Republican Rep. Jason Nemes told reporters he doesn’t think the Kentucky legislature will pass legislation legalizing recreational cannabis. But he also said his bill to legalize some forms of medicinal cannabis, House Bill 136, was more likely to get approval, saying the measure had “overwhelming support” in both the Senate and House of Representatives.

“I don’t think, I know, that there isn’t an appetite for recreational marijuana in the General Assembly at this point,” Nemes said. “Medical marijuana is my fight, and this is the fight where we have overwhelming support in the House and Senate.”

Nemes introduced his bill to the House of Representatives on January 4th. Under the measure, patients with certain qualifying medical conditions would be allowed to use medicinal cannabis products containing no more than 70 percent THC. The measure does not allow smoking medicinal cannabis, and home cultivation would not be allowed. Nemes said support for legalizing medicinal cannabis is growing, including from Senate Speaker Robert Stivers.

“President Stivers has said several times that he recognizes it helps some people. It lists some conditions, and those conditions are among those it’s in, by the way [House Bill 136]’ Nemes said. “He said he could support a tight medical marijuana bill. Gosh, that’s as tight as I could get it.”