Gov. Andy Beshear announced he’s taking executive action to allow Kentuckians with certain health conditions to use and possess small amounts of medical cannabis purchased in another state starting on Jan. 1. 2023.
Beshear also said he’s issuing an executive order to regulate the sale of Delta 8, which contains THC but at a lower level than marijuana.
“Today’s action means that Kentuckians suffering from these chronic and terminal conditions will soon be able to get the help they need without living in fear of being charged with a misdemeanor,” Beshear said.
There will be certain conditions to qualify. First, the cannabis must be lawfully purchased in the United States in a state where the purchase is legal and regulated. There must also be a receipt that proves that the cannabis was bought in one of those places.
Second, the amount a person can purchase and use at any time must not exceed eight ounces.
“That is the difference between a misdemeanor and a felony under Kentucky law,” Beshear said, explaining that guidance will be created for law enforcement to determine who does and does not qualify.
Each person must also have a certification from a licensed healthcare provider that shows the individual has been diagnosed with at least one of 21 medical conditions, which include cancer, multiple sclerosis, post-traumatic disorder, muscular dystrophy, a terminal illness, and others.
While Beshear said this is a big step for cannabis in the state, it’s “not a substitute for much-needed legislation,” Beshear said, elaborating that he plans to work with lawmakers during the upcoming legislative session.
However, he said he hadn’t spoken to Rep. Jason Nemes (R-Lousiville), the sponsor of a medical cannabis bill that failed in the legislature in 2023. The Republican-dominated legislature could not pass any meaningful cannabis reform in the past legislative session.
In response, Beshear formed the Team Kentucky Medical Cannabis Advisory Committee, which traveled around the state to solicit feedback.
In July, the committee met at Northern Kentucky University. Among the attendees was NKY veteran Jared Bonvell who also spoke at the governor’s press conference on Tuesday.
“When I first started it, I started dropping medication after medication after medication,” he said. “My mom looked at me, and she said, ‘you’ve got your soul back.'”
Republican Party of Kentucky Director of Communications Sean Southard said in a Tweet that Beshear is “high on his own ego if he thinks he can just rewrite or ignore laws at will,” he said.
“In typical Beshear fashion, he would rather circumvent the legislative process than meet with lawmakers and build a lasting governing agenda,” he said.