Governor Andy Beshear has signed an executive order allowing some Kentuckians to use cannabis for medical purposes.
Starting next year, Kentuckians with certain severe medical conditions and who meet specific requirements will be able to possess and use small amounts of legally purchased medical cannabis to treat their medical conditions.
In the executive order, the Governor outlined conditions that Kentuckians with at least one of 21 medical conditions, which include cancer, multiple sclerosis, post-traumatic stress disorder, muscular dystrophy or a terminal illness, must meet to access medical cannabis beginning January 1, 2023.
These conditions include:
- Cannabis must be bought in the United States of America in a state where the purchase is legal and regulated. Kentuckians will need to keep their receipt.
- The amount a person can purchase and possess at any one time must not exceed 8 ounces, which is the difference between a misdemeanor and a felony in Kentucky.
- Each Kentuckian must also have a certification from a licensed health care provider that shows that the individual has been diagnosed with at least one of 21 medical conditions. A copy of the certification must be retained.
The Governor said that guidance is being created for law enforcement to determine quickly and accurately who does and does not qualify.
He added that the executive actions are not a substitute for legislation to fully legalize medical cannabis. The Governor stated that he will work with lawmakers this upcoming session to push for full legalization of medical cannabis once again.
The Governor also announced that the state will regulate the sale of Delta 8. Delta 8 contains THC, but at a lower level than marijuana. It is not a controlled substance in Kentucky nor under federal law, and a court has ruled that it is legal in Kentucky.
“Right now, there are no checks on how it is packaged and sold. We must establish a regulatory structure to ensure that Delta 8 is sold and purchased safely in the commonwealth,” Gov. Beshear said. “The structure can and will also serve as a template for when the General Assembly fully legalizes medical cannabis. That means we can learn in real-time, train our people and be ready to go.”