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Kentucky Senate passes Medical Marijuana Legalization Bill

March 16, 2023 by Kyle Jaeger

On Thursday, the Kentucky Senate approved a bill to legalize medical marijuana in Kentucky. This is a historic first for the conservative chamber.

On the last day of session, the Senate approved the legislation by Sen. Stephen West (R) with a 26-11 vote.

Similar proposals have been approved by the House in previous sessions, only for them to be rejected by the Senate.

This is two days after the Senate Licensing & Occupations Committee passed measure.

“This bill was discussed in this chamber many years,” West stated to colleagues. He explained that his journey to support the issue started when he met a quadriplegic who could benefit from medical marijuana.

He stated, “I am now convinced that medical cannabis, provided to our citizens via a tightly-regulated process, can provide some significant relief to our constituents.” “It is time for Kentucky and the other 37 US states to allow medical marijuana for their citizens.

Here’s What SB47 Would Do as Modified:

Patients who have been referred by a doctor or advanced nurse practitioner could be eligible to use cannabis if they suffer from cancer, severe pain or epilepsy, multiplesclerosis, muscle spasms, spasticity, chronic nausea, cyclical vomiting, or any other condition or disease that the Kentucky Center for Cannabis considers appropriate.

Although smoking marijuana would be illegal, patients could still obtain raw cannabis for vaporization.

It is not allowed to grow vegetables at home.

Patients can have a 30-day supply in their home and a 10-day supply on the patient’s person.

The registration of a patient would take up to 60 calendar days. Additionally, the first visit must be done in person.

A 35 percent THC limit would apply to flower marijuana products, and a 70 percent for concentrates. Edibles cannot exceed 10 mg per serving.

Excise and sales taxes would not apply to medical cannabis.

The Cabinet for Health and Family Services would oversee the program and issue business licenses.

There are three levels of license categories: producers, processors and dispensaries.

While local governments may not allow cannabis businesses to operate in their jurisdictions, citizens can petition for them to be allowed to.

A nine-member Board of Physicians and Advisors, consisting of seven doctors and two advanced nurses practitioners, would be established.

The regulations would have to be in place by January 1, 2024.

State Board of Nursing and State Board of Physicians would be responsible for certifying cannabis-recommendation practitioners.

Senators approved a substitute for the committee and an amendment from the bill sponsor to preserve the employer’s right to determine whether a worker is impaired while on the job by drug testing and behavioral assessments. If an employer concludes that the assessments are indicative of impairment on duty, the burden of proving the non-impairment shifts to the employee to disprove the findings.

Last year the House passed a legalization bill for medical cannabis. However, they were not adopted by the Senate in a previous session. Advocates began this session on the Senate’s side.

Damon Thayer, Senate Majority Floor Leader (R), has been a major obstacle to the reform. He’s opposed broad medical cannabis policy reform and argued that it’s a fast track to full adult-use legalization.

He said, however, that he wouldn’t stand in the way of the bill passing if it had enough support. On Tuesday, he voted in favor of the bill in committee. He said that his “narrowly focused approach to the issue” won him over. On Thursday, he voted in favor of the measure.

Kentucky Gov. Andy Beshear (D), called upon the legislature legalize medical marijuana “this session” during the January State of the Commonwealth speech. He stated that it was an essential reform for the state in order to “treat people right.”

After the governor had signed two executive orders in November allowing patients to legally possess up to eight ounces medical cannabis from licensed dispensaries in other states. The order also regulates the sale of delta-8 THC products.

Ryan Quarles (Republican gubernatorial Candidat) recently stated that he would work with legislators to legalize medical cannabis in his first year of office.

Advocates have intensified their efforts to press lawmakers to enact change this session. Groups like Kentucky Moms for Medical Cannabis and Kentucky NORML made it clear that reform has stalled in the Bluegrass State for too long.

The governor published a report from the medical cannabis advisory committee he established last year. He stated in September that he would take their findings into consideration as he considers executive actions to reform.

The governor showed plans to advance the issue medical marijuana administratively last summer, and criticized the Senate for failing the voters’ will and refusing to give a hearing to any House-passed bill.

Beshear supported a wider marijuana legalization in 2020 and said that Kentucky farmers would be well-positioned to sell cannabis to other states.

The Kentucky House of Representatives approved a bill last week to regulate sales of delta-8 THC products.

A lawmaker had filed legislation in January for the session 2023 that would place a referendum on marijuana legalization on the ballot. However, it has not progressed.


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Photo by Chris Wallis // Side Pocket Images.

The post Kentucky Senate passes Medical Marijuana Legalization Bill was first published on Marijuana Moment.

Kyle Jaeger
Author: Kyle Jaeger

About Kyle Jaeger

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