Another State Legalizes MMJ Possession, But…Here's What Kentucky Gov. Beshear's Exec Order Says

Kentuckians will soon be allowed to legally possess up to eight ounces of medical cannabis if it’s purchased in another state. 

According to one of the two executive orders signed by Kentucky governor Andy Beshear on Tuesday, residents of the Bluegrass State can also use small amounts of medical marijuana to treat specific health conditions. The first executive order will take effect beginning January 1, 2023.

Each person will need a certification from a licensed healthcare provider as proof of being diagnosed with at least one of the 21 medical conditions, including cancer, ALS, epilepsy, intractable seizures and Parkinson’s disease, to name a few. A copy of the certification as well as a receipt from the purchase is required.

“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,” 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."

The governor emphasized that “many have stepped forward to share their stories on how their quality of life has improved because of medical cannabis.”

Kristin Wilcox, member of the governor's Medical Cannabis Advisory Committee and co-founder of Kentucky Moms For Medical Cannabis said their committee, which Beshear established in June, found that 98.5% of Kentuckians support medical marijuana legalization. Wilcox is the mother of a child with Dravet Syndrome, a rare form of epilepsy, which is treated with Epidiolex, the only cannabis-based medication approved by the FDA.

Delta 8 THC Sales

Meanwhile, Beshear also regulated the sale of Delta 8 by signing another executive order. Interestingly, Delta 8, which can be made from federally legal, hemp-derived CBD, contains THC, but less than marijuana. As yet, Delta 8 has not been federally scheduled. 

“Right now, there are no checks on how it is packaged and sold. We must establish a regulatory structure to ensure that Delta 8 is sold and purchased safely in the commonwealth,” Beshear said. “The structure can and will also serve as a template for when the General Assembly fully legalizes medical cannabis. That means we can learn in real-time, train our people and be ready to go.”

GOP Criticism

Meanwhile, there was criticism from the GOP camp. Rep. Jason Nemes (R), who sponsored a medical cannabis bill, which advanced through the Kentucky House of Representatives earlier this year but ended up squashed by the GOP-controlled General Assembly, said that the governor violated the “Rule of Law,” reported Marijuana Moment.

Beshear “has granted himself a power that exists nowhere in the United States and finds no refuge in Kentucky’s Constitution,” Nemes said. “Rather than sidestep the policy-making branch and violate the Constitution, I invite him to work with us to develop a legal, medical marijuana program.”

Nemes’ legislation was similar to the bill which did not pass the Senate in 2020, even though it soundly passed in the House. Nemes then reintroduced the legislation for the 2021 session, which also didn’t advance further.

Photo: Courtesy of Jason Nemes