Kentucky

Cannabis Laws in Kentucky

Recreational cannabis use is still illegal in Kentucky as of 2023, despite many legislative efforts. In 2014, the governor of Kentucky signed a law to allow patients in Kentucky to use non-psychoactive cannabidiol (CBD), with a physician’s recommendation for the treatment of epilepsy, although this law did not include provisions for the legal production or sale of CBD. Both the House and the Senate proposed a medical cannabis program for Kentucky in 2015, although each bill failed to pass committee.

House Bill 136 passed in February 2020 and would have allowed medical marijuana use in forms other than smoking, although stalled due to the COVID-19 pandemic. In 2022, House Bill 136 was introduced and passed the House, with the governor promising executive action if the bill stalled in the Senate. Since the bill did not receive a hearing in the Senate by the end of the session, Kentucky Governor Beshear kept his promise by establishing a 17-member “Team Kentucky Medical Cannabis Committee” through executive order.

Kentuckians diagnosed with certain medical conditions and those qualified for palliative care are allowed to cultivate, use, and purchase medical cannabis to improve their quality of life. This same governor also issued an executive order in November making it legal to process cannabis for medicinal use but only if purchased in another state and if 8 ounces or less.

Medical Cannabis in Kentucky

Kentucky State legislature passed Senate Bill 47 in March 2023, which was signed into law by Gov. Beshear on March 31, although provisions of the bill will not become fully effective until January 1st, 2025. SB 47 allows for legalized medicinal use of cannabis but for a short list of medical conditions with limited reach. Qualifying medical conditions for Kentucky medical marijuana include:

Any form of cancer at any stage
PTSD
Epilepsy or intractable seizure disorders
Multiple sclerosis, muscle spasms, or spasticity
Chronic, debilitating, intractable, or severe pain
Chronic nausea or vomiting syndrome that has been resistant to other traditional medical treatments

This initial list of qualifying conditions is relatively limited, although the law does allow for the Kentucky Center for Cannabis to identify other diseases and medical conditions where cannabis has been shown to provide medical, therapeutic, or palliative benefits through scientific data and evidence.

Home cultivation is currently not allowed under the law, and smoking is still prohibited. Medical patients in Kentucky are legally allowed to consume cannabis through vaporization and extracts. For commercial cultivation in Kentucky, quality marijuana seeds are key to growing quality medicinal-grade cannabis plants.

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