Controversial Past And Present Surrounding Kentucky's Medical Marijuana Debate

On Thursday, March 16, the Kentucky State Senate made history by passing a bill to legalize medical marijuana in the state, despite being a conservative legislature.

Patients who suffer from various medical conditions, such as cancer, chronic nausea, and post-traumatic stress disorder, will have access to medical marijuana in a program overseen by the Cabinet for Health and Family Services.

However, smoking and home cultivation of cannabis is prohibited, and the use of cannabis flowers is limited to vaporization. The program will not impose taxes on medical cannabis, and there will be limits on THC levels for flowers and concentrates, as well as edibles. Local governments can opt out of allowing cannabis businesses, but citizens can petition to opt back in. Patient registration will last for 60 days, with an initial in-person visit required.

Rep. Nima Kulkarni (D) and C.J. Carter from national cannabis advocacy organization M4MM, visited Benzinga Cannabis Insider and discussed the nuts and bolts of medical cannabis legalization in Kentucky with co-host Elliot Lane, a native of the Bluegrass State.

Legalization In KY

Kulkarni noted that advocacy work in favor of medical marijuana access has been conducted by civil society organizations for at least the past 20 years. She said legalization started to gain momentum in the last couple of years, especially in the House of Representatives, where legislation was passed twice.

Which was the turning point? According to Kulkarni, there was a generalized acknowledgment in the political system of the convenience of medical cannabis legalization that was possible thanks to the people's actions.

"That has been championed by a Republican representative from Louisville as well, and I think what has happened is that has caused the conversation to move a little bit faster... folks that had never really considered it seriously are like, ‘well, I've got people in my district contacting me about how it would help them in their daily lives,’" Kulkarni said.

“A lot of work done on a grassroots level by a lot of activists... polling showed that over 90 percent of Kentuckians wanted medical cannabis on either side of the aisle, so it's not a partisan issue,” she added.

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The Middle Ground

Kulkarni also noted that the consensus seems to be built around legislators accepting Medical specific uses, and most of them are not necessarily looking at what other states have done in terms of regulation and taxation. Rather, they are looking at the conditions of access.

Consequently, Kulkarni explained, the debate has revolved around which conditions should be included that would allow the use of cannabis. "That is a very narrow view, it's not at all looking at best practices in other states. That's really not been the conversation," she said. 

Kulkarni also stressed the need for cannabis decriminalization measures in the state. “You have to have these decriminalization measures regardless of whether it's medical... because you cannot start an industry with people on unequal footing,” Kulkarni said.

M4MM Focus In KY

Carter who is a barber by trade referred to Kentucky as “the Fertile Crescent of cannabis or the breadbasket of cannabis,” said the state has “the best soil in the world” to grow the plant, and noted the organization is working on educating “as many people as possible,” on the history of cannabis and Kentucky.

The connection that Kentucky has as it relates to cannabis "goes so deep as in 1850 when there were 250,000 slaves here in the state of Kentucky and at that point in time Kentucky produced 90% of the nation's hemp... it was all done on the back of slave labor,” Carter said.

In addition, Carter and M4MM are educating people about social equity and social economics, and the influence of past legislation on socioeconomics.

“We have the opportunity here in the state of Kentucky to build infrastructure in the marketplace that's not only going to serve patients but residents and the economy,” Carter said.

The Hemp Way

Kulkarni recognized hemp has a moral component that makes it more palatable to conservatives. Although, the debate is still revolving around debunking myths.

“We're still having conversations about cannabis being a gateway drug and things like that and hemp is a crop, and Kentucky is a primarily agricultural state. We needed something to replace tobacco and so that's, you know, where we got hemp,” Kulkarni said. “Our farmers need to be able to grow cannabis to be able to sustain their farms. Hemp, right, has been subsidized, we are helping our farmers, encouraging them to grow hemp because it's supposedly the new crash crop.”

Photo by Jeff Arnold on Unsplash.