The Kentucky governor approves a cannabis research facility

Kentucky Gov. Andy Beshear on Tuesday approved the establishment of a cannabis research facility in the state, though he used his veto power to scrap select portions of the legislation. Beshear’s approval of the measure, House Bill 604, comes a week after the Democratic governor announced he would take steps to legalize medicinal cannabis in the bluegrass state.

Under the legislation, the Kentucky Center for Cannabis Research would be established at the University of Kentucky. According to the law, the new facility will be tasked with planning and conducting research “to advance the study of the use of cannabis and cannabis derivatives to treat certain ailments and diseases.”

The university has already done some research on cannabis and has an established relationship with the US Food and Drug Administration. The bill also requires the center to seek U.S. Drug Enforcement Administration approval to grow cannabis and codifies licensure requirements for individuals interested in participating in clinical cannabis research.

The law was passed by the Kentucky Legislature earlier this month during the final days of the legislative session. The bill received overwhelming support from lawmakers after the state Senate failed to approve House Bill 136, a bill passed by the House of Representatives to legalize medicinal cannabis.

“This brings together researchers and scholars from across the state on this topic so we can reduce bottlenecks in the research and regulatory processes,” GOP Representative Kimberly Poore Moser, the sponsor of the legislation, said of House Bill 604 last month. Our goal is to discover what diseases can be treated with cannabis, thereby making Kentucky a national leader in research, as only one other university has a similar program.”

Beshear uses a line item veto

Beshear used his veto power to scrap portions of the bill he did not support. The governor approved legislative language authorizing the center’s establishment, but removed other sections, including provisions that he felt limited the center’s purpose and the powers of the university president to appoint its advisory board.

“I veto these parts because they limit the purpose of the center and dictate who the President of the University of Kentucky should consider appointing to the Advisory Board after giving the President of the University sole nominating authority.” , Beshear wrote in his veto message.

“I am also vetoing these parts as ongoing funds may be required,” he added.

Because the state legislature adjourned for the legislature, Beshear’s line item vetoes remain in place and cannot be overridden by lawmakers.

Earlier this month, Beshear said he would consider executive action to advance the legalization of medical marijuana in Kentucky if lawmakers didn’t pass House Bill 136. After the law was passed in the state Senate, the governor last week released a plan to get medical cannabis to patients who need it.

“If they don’t do anything — not even have a Senate committee 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,” Besear 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.”

Beshear added that he has directed his general counsel to offer advice on what executive action can be taken to advance the medical cannabis process without legislature approval. He also said he would appoint a Medical Cannabis Advisory Board 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) so that residents who cannot attend the public hearings in person can still contribute.

But Republican lawmakers rejected Beshear’s plan to take unilateral action to legalize medicinal cannabis. Kentucky Senate President Robert Stivers said such a move would likely be unconstitutional.

“The public should be concerned about a governor who thinks he can change the statute by executive order,” Stivers said. “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.”