Medical cannabis advocates in the Bluegrass State are celebrating the new year with a touch of green. Senate Bill 47 officially takes effect on January 1, 2025, legalizing medical marijuana in Kentucky. Governor Andy Beshear signed the bill into law in May of 2023, giving legislators ample time to set up the state’s market.
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Under the established rules set by the Kentucky Medical Cannabis Program, patients must be approved by a healthcare professional certified to write medical marijuana recommendations. An online database of authorized practitioners went live in December. Patients under 18 cannot possess or acquire medical cannabis without assistance from a designated caregiver. Qualifying conditions for medical cannabis in Kentucky include cancer, multiple sclerosis, chronic pain, epilepsy, chronic nausea, and post-traumatic stress disorder (PTSD).
The purchase and possession limits in the state are a bit hazy. Patients are allowed to have a “30-day supply” of medical marijuana. Kentucky law defines this as four ounces of flower, an ounce of concentrate, or 3,900 milligrams of THC edibles. However, if a medical cannabis practitioner states in their recommendation a patient needs more, that recommendation will be permitted. Homegrow of cannabis is not allowed.
While patients can begin the certification process as of January 1, it will be some time before dispensaries are up and running. Lotteries in late 2024 awarded 26 production licenses and 36 dispensary licenses, but it could be months before the operators are fully online. Fortunately, patients may have a workaround.
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Governor Beshear signed an executive order in 2022 that allows Kentuckians to possess and use small amounts of medical cannabis to treat specific conditions, provided it is purchased legally in other states. The order automatically pardons anyone charged with a possession crime provided they follow certain conditions. For example, they must get a certification from a licensed healthcare provider confirming a diagnosis of one of the state’s qualifying conditions. They must also keep the receipt that shows proof of purchase from a licensed dispensary.
Under the order, the amount someone can purchase and possess at any one time must be within the legal limits where the cannabis was obtained but cannot exceed eight ounces—the difference between a misdemeanor and a felony in Kentucky. Given that the standard possession limit is four ounces, it’s unclear if the order will be amended.
The Southern region in the US has taken its time when it comes to medical cannabis legalization, but Kentucky could be a sign of progress. Advocates hope other states will see the benefits of regulated medical marijuana for Kentuckians and enact reform in the months and years to come.
*The Associated Press contributed to this article.
