FLORENCE, Ky. — An executive order signed by Governor Andy Beshear will allow Kentuckians with certain medical conditions to possess and use small amounts of medical marijuana starting next year. But obtaining that marijuana could be a challenge, as there is no infrastructure to do so currently in Kentucky.
Elizabeth Kirby tries to treat people with pain with a product many associate with marijuana, but is from a different plant — industrial hemp. The CBD products she sells at her store, Your CBD Store in Florence, are legal in Kentucky, but Kirby said she thinks many of her customers would also use medical cannabis if they could.
“We have customers that are going through cancer, major pain, back surgery, things like that, and they don’t want to use opioids, or they want to get off of opioids,” she said. “So they have been able to get pain relief, help with their nausea, help with their appetite, ability to sleep, so they’ve been very successful.”
Starting Jan. 1, 2023, Kentuckians with certain severe medical conditions and who meet specific requirements will be able to possess and use small amounts of legally purchased medical cannabis to treat their medical conditions.
How they will actually be able to obtain it is complicated.
Because Kentucky doesn’t have any medical marijuana laws in place, there are no dispensaries in the state. Many states that have medical cannabis laws in place, such as Ohio, won’t allow people from outside the state to use their medical dispensaries.
That means Kentuckians who get approval from their doctor will have to drive to states where they can buy marijuana recreationally, like Michigan and Illinois. That comes with its own problems, though, as explained by Team Kentucky Medical Cannabis Advisory Committee member Dee Dee Taylor.
“That recommendation from the governor in the executive order, it will not help you if you get pulled over in say, Ohio, and you’re coming through from michigan. So you can still get in trouble from Ohio, and I don’t think the governor can pardon you for charges in Ohio,” said Taylor, who is CEO and founder of the 502 Hemp Wellness Center and 812 Hemp. It could be a particular issue for people who depend on caregivers, she said. “I don’t know that I would risk going to another state and bringing it back for someone. That’s just me. I think there’s going to be a lot of issues with it. I think we are at least doing something instead of nothing.”
Kirby agreed it’s not a perfect solution, but said the executive order is a step in the right direction.
“I’m grateful that the governor has done this. It is a baby step toward legalization in Kentucky of medical marijuana,” she said. “But it may be a hindrance for some people to be able to go through all those steps to accomplish this. They may find that number one it’s complicated, time consuming and expensive, because medical marijuana costs about three times higher than industrial hemp CBD.”
While bills have passed in Kentucky House before, none have ever made it through the Senate.
Taylor said she hopes Beshear’s executive order will force the legislature to adopt medical marijuana laws.
According to the executive order, Kentuckians will need to keep their receipt for the marijuana they purchase. The amount a person can purchase and possess at any one time must not exceed eight ounces, which is the difference between a misdemeanor and a felony in Kentucky.
The governor outlined conditions that Kentuckians with at least one of 21 medical conditions, which include cancer, multiple sclerosis, post-traumatic stress disorder, muscular dystrophy or a terminal illness, must meet to access medical cannabis. Each Kentuckian must also have a certification from a licensed health care provider that shows that the individual has been diagnosed with at least one of 21 medical conditions.