FLORENCE, Ky. — Kentuckians with certain medical conditions will soon be able to access medical marijuana after Gov. Andy Beshear signed an executive order Tuesday allowing qualified residents to use and possess marijuana purchased legally in other states.
The order takes effect Jan. 1, but it might not be easy for Northern Kentuckians to get medical marijuana in neighboring Ohio or Indiana.
To be added to Ohio’s Medical Marijuana Registry, a patient must be a resident of Ohio. Out-of-state residents can only access medical marijuana in Ohio if the state’s Board of Pharmacy enters into a reciprocity agreement with the state where the patient lives. There is no reciprocity agreement with Kentucky.
Medical marijuana is not legalized in Indiana.
“There are those practical barriers to accessing medical cannabis,” said Alex Kreit, a law professor at Northern Kentucky University and member of the governor’s Team Kentucky Medical Cannabis Advisory Committee. “The governor really doesn't have the authority through executive action to change the law to allow for medical cannabis dispensaries to open up in Kentucky.”
Kreit still called the order "a very significant action," noting Beshear is doing what he can within the law. Still, he said, "it really is in the broader scheme of things only a first, and a relatively small, step.”
Beshear said Kentuckians would be able to purchase marijuana in states where it is legal recreationally, like Illinois. However, residents would still need to have a qualified medical condition to bring it back to Kentucky.
Advocates say the governor’s order is still a step in the right direction.
“I think everybody's gonna be excited about it,” said Elizabeth Kirby, who owns Your CBD Store in Florence. “A lot of our customers ask about medical marijuana and how or when we think that it will be legal in Kentucky.”
Kirby said many of her customers have sought out CBD because they can’t currently access legal medical marijuana. CBD is a compound found in marijuana that doesn’t cause a high. It’s legally sold in Kentucky.
“It's really a life changer,” she said. “They're able to get that pain relief, the sleep that they need, without the side effects of hardcore pharmaceuticals.”
Kirby said she hopes the order is a step closer to full legalization. On Tuesday, Beshear said he would continue fighting for full legalization this year.
Still, not everyone is on board with the governor’s order. Kentucky Attorney General Daniel Cameron responded Tuesday.
“Kentucky’s General Assembly is the sole and final policy-making body of this state and they must be allowed to have their say. We are reviewing these executive orders to determine next steps,” Cameron said in a tweet.
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