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MARIJUANA MOMENT
KENTUCKY BUDGET BILL ON GOVERNOR’S DESK WOULD RESTRICT MEDICAL MARIJUANA FUNDING
AHEAD OF PROGRAM LAUNCH
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POLITICS
KENTUCKY BUDGET BILL ON GOVERNOR’S DESK WOULD RESTRICT MEDICAL MARIJUANA FUNDING
AHEAD OF PROGRAM LAUNCH
Published
3 days ago
on
March 30, 2024
By
Kyle Jaeger
Kentucky’s legislature has delivered a budget bill to the governor that includes
a provision restricting funding for a medical marijuana regulatory body
overseeing the state’s forthcoming program until its advisory board determines
there’s a “propensity” of research supporting the therapeutic “efficacy” of
cannabis.
The language represents a watered down version of what was included in the
Senate budget proposal, which would have set a much stricter threshold for the
availability of funding for the Office of Medical Cannabis.
A last-minute amendment that was adopted prior to passage on Thursday removed
Senate-approved language that would have broadly required a “propensity of
federal and international peer reviewed, published research with conclusive
evidence as to the efficacy of medical cannabis” in order to fund the regulatory
division.
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Still, the final revised language would still impose a potential barrier to
standing up Kentucky’s medical marijuana program:
“No funds shall become available until the Board of Physicians and Advisors, as
defined in KRS 218B.020(2), finds there is a propensity of peer-reviewed,
published research with sufficient evidence as to the efficacy of medical
cannabis for the persistent reduction of symptoms of diseases and conditions.”
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What constitutes a “propensity” and “sufficient evidence” seems to be subjective
without explicit definitions, meaning the roughly $8 million in proposed funding
for the cannabis regulatory office could be withheld without sign-off from the
seven-member advisory board.
In any case, the budget legislation is now in Gov. Andy Beshear’s (D) court. He
not only advocated for and signed the medical cannabis bill that’s since become
law, but he’s also taken executive action to legally protect patients who
possess medical cannabis purchased at out-of-state licensed retailers by
exercising his unilateral authority to grant pardons to anyone who meets certain
criteria.
Accordingly, he was invited to participate in a historic roundtable discussion
at the White House this month alongside Vice President Kamala Harris and pardon
recipients who received clemency under President Joe Biden’s pardon
proclamations.
After Biden issued his first pardon proclamation in October 2022, Beshear said
he was “actively considering” possible marijuana clemency actions the state
could take and encouraged people to petition for relief in the interim. In 2021,
he also talked about his desire to let Kentucky farmers grow and sell
recreational cannabis across state lines.
The governor has separately urged lawmakers to expand the medical marijuana
program, announcing in January that two independent advisory groups he appointed
have unanimously voted to recommend the addition of more than a dozen new
conditions to qualify patients for medical cannabis.
With respect to the budget bill now on Beshear’s desk, under Kentucky’s
Constitution the governor wields line-item veto authority for appropriations
legislation, so he could theoretically delete the provision on restricting
Office of Medical Cannabis funding. Marijuana Moment reached out to his office
for comment, but representatives were not immediately available.
Meanwhile, there’s another bill advancing through the legislature that seeks to
impose other restrictions on medical cannabis access through the program that’s
set to launch. The House-passed legislation, which is currently going through
the committee process in the Senate, would subject prospective medical cannabis
patients to a background check in order to qualify, among other limitations.
Sen. Stephen West (R) has also proposed legislation to expedite the licensing
process for marijuana operators and expand the list of qualifying conditions as
recommended by the governor’s independent advisory groups. Rep. Jason Nemes (R)
expects an alternative version he’s pushing to advance that would similarly
streamline licensing but would not include the expanded qualifying conditions
language.
In January, Kentucky lawmakers filed marijuana legislation with a notable bill
number: HB 420. If passed, it would legalize and regulate cannabis for adults 21
and older, though few expect the proposal to get through in the state’s
Republican-controlled legislature this session.
A more limited legalization measure, HB 72, was introduced earlier that month by
Rep. Nima Kulkarni (D). It would end all penalties for simple possession and use
of marijuana by adults 21 and older and also allow adults to grow a small number
of cannabis plants at home. Commercial sales, however, would remain prohibited.
Last year, Kulkarni introduced a measure that would have let voters decide
whether to legalize use, possession and home cultivation. The lawmaker
previously introduced a similar noncommercial legalization proposal for the 2022
legislative session.
> Hawaii Lawmakers Advance Bill To Expand State’s Marijuana Decriminalization
> Law As Broader Legalization Hangs In The Balance
Photo courtesy of Chris Wallis // Side Pocket Images.
Marijuana Moment is made possible with support from readers. If you rely on our
cannabis advocacy journalism to stay informed, please consider a monthly Patreon
pledge.
Related Topics:featured
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Kyle Jaeger
Kyle Jaeger is Marijuana Moment's Sacramento-based managing editor. His work has
also appeared in High Times, VICE and attn.
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