LOUISVILLE, Ky. — Governor Beshear signed an executive order in late 2022 pardoning medical marijuana use for certain patients.
Just last year, Kentucky lawmakers gave the green light for the state to launch a medical marijuana program in 2025.
Between the two – what’s legal right now has gotten complicated.
So, we want to sort fact from fiction.
THE QUESTION
Is medical marijuana legal right now in Kentucky?
THE SOURCES
Tim Hall – Professor of Law at UofL
The Cabinet for Health and Family Services
The executive order itself
THE ANSWER
No, the executive orders did not legalize marijuana for medicinal purposes. That law doesn’t go into effect until 2025.
WHAT WE FOUND
Professor Tim Hall says the current order sends a message to prosecutors – don’t bother prosecuting low level weed possession.
“Anyone who might be prosecuted in Kentucky, under this particular marijuana law, will be pardoned,” says Hall.
Instead, here’s what the order does.
Someone with a diagnosis from the list of 21 approved conditions can possess up to 8 ounces of marijuana.
That marijuana must come from a state where it’s legal- like Illinois.
And don’t forget– keep your receipt!
THE QUESTION
Do you need a letter from your doctor recommending cannabis?
THE ANSWER
No, the executive orders do not want a doctor’s recommendation.
WHAT WE FOUND
What you actually need is a doctor to confirm you are diagnosed with one of the 20 plus conditions.
Professor Hall says this is not a medical card, “This is not a medical cannabis card in the sense that we see it in Illinois, or Nevada or Colorado, or any of the other places where it’s legal.”
Hall says what you are really looking for is a ‘certification.’
“Basically, a note from your doctor saying you are their patient. They are your doctor. And you have one of a list of about 20 conditions,” Hall said.
THE QUESTION
Will the ‘certification’ carry over in 2025?
THE ANSWER
No, you’ll need a different type of certification from a doctor.
WHAT WE FOUND
A spokesperson with the Cabinet for Health and Family Services sent us a statement saying,
“Under SB 47, to be eligible for a card, an individual will need to have a written certification from a physician or APRN authorized to write certifications. Kentucky Board of Medical Licensure and the Kentucky Board of Nursing have issued ordinary regulations that govern how a physician or APRN can become authorized.”
The regulations are not final yet.
But eventually you will have to go to a doctor or nurse specifically authorized to write medical marijuana certifications.
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