FRANKFORT, Ky. (LEX 18) — In 2020 and 2022, the Kentucky House passed a bill to legalize medical marijuana. But both times, the bill ran into trouble in Kentucky's socially conservative Senate.
So, will lawmakers make another attempt in 2023? Sen. Stephen West said yes, but this time, the bill will start off in the Senate.
He plans to refile the bill he filed back in 2021.
"There's a lot in the bill. It’s a 150-page bill," said West. "But the bottom line is I believe it’s time in Kentucky to have medical marijuana. The positives far outweigh the negatives."
West said for him, medical marijuana legalization is a "no-brainer." But in the past, the effort has struggled in the Senate. Opponents like Senate President Robert Stivers and Majority Floor Leader Damon Thayer have voiced concern in the past. But in January, six new Republican senators will join the GOP caucus. While West said he doesn't have a vote count yet, he believes the bill's chances might improve.
"I think it will eventually pass," West added. "I don’t know if this is the year or not."
West worries opponents will use the controlled medical marijuana trials happening at the University of Kentucky as a reason to hold off on legalization.
"One of the big things that will hinder its progress this year is that the idea is being studied at the University of Kentucky and I believe the results of that study won’t come out for another year or two. I think it’s two years," said West. "So, the opponents of the bill will say we’ve waited this long, let’s wait a couple more years and see what happens with the results of those studies."
In the meantime, starting this January, some Kentuckians will be able to bring in and use medical marijuana from other states. Gov. Andy Beshear signed an executive order allowing Kentuckians with certain medical conditions to access medical marijuana.
Medical conditions include cancer, multiple sclerosis, post-traumatic stress disorder, muscular dystrophy, or a terminal illness.
Other conditions to allow the use of medical marijuana in Kentucky 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 healthcare 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.
"Kentuckians suffering from chronic and terminal conditions are going to be able to get the treatment they need without living in fear of a misdemeanor," Gov. Beshear said. "With 37 states already legalizing medical cannabis and 90% of Kentucky adults supporting it, I am doing what I can to provide access and relief to those who meet certain conditions and need it to better enjoy their life, without pain."
However, Beshear said this order is not a substitute for legislation to fully legalize medical cannabis.
