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Cannabis in Kentucky is illegal for recreational use, and legal for medical use under executive order, with full medical legalization statute taking effect in 2025. Non-psychoactive CBD oil is also legal in the state, and Kentucky has a lengthy history of cultivating industrial hemp for fiber since 1775.
Hemp was first cultivated for fiber in Kentucky near Danville in 1775, and cultivation there continued into the 20th century even though cultivation had diminished in other states. [1] : 292
A 1914 USDA report noted:
Practically all of the hemp grown in the United States is from seed produced in Kentucky. The first hemp grown in Kentucky was of European origin, the seed having been brought to the colonies, especially Virginia, and taken from there to Kentucky. In recent years there has been practically no importation of seed from Europe. Remnants of the European types are occasionally found in the shorter, more densely branching stalks terminating in thick clusters of small leaves. These plants yield more seed and mature earlier than the more desirable fiber types introduced from China[.] Nearly all of the hemp now grown in Kentucky is of Chinese origin. Small packets of seed are received from American missionaries in China. These seeds are carefully cultivated for two or three generations in order to secure a sufficient quantity for field cultivation, and also to acclimate the plants to Kentucky conditions. Attempts to produce fiber plants by sowing imported seed broadcast have not given satisfactory results. Seed of the second or third generation from China is generally regarded as most desirable. This Kentucky hemp of Chinese origin has long internodes, long, slender branches, opposite and nearly horizontal except the upper ones, large leaves usually drooping and not crowded, with the seeds in small clusters near the ends of the branches. Small, dark-colored seeds distinctly mottled are preferred by the Kentucky hemp growers. Under favorable conditions Kentucky hemp attains a height of 7 to 10 feet when grown broadcast for fiber and 9 to 14 feet when cultivated for seed. [1] : 302–303
It is unclear when cannabis first became popular as a drug in Kentucky, but The Encyclopedia of Louisville notes mention of the popularity of the drug in the Louisville Times in 1930:
Loco weed cigarettes, manufactured from a plant that has killed millions of animals are being sold to hunters who lack the price of morphine or opium shots. The cigarettes are known chiefly as 'muggles', 'bujees', or 'mariwanas'. Chief buyers are newspaper boys. The fags sell at thirty-five cents a piece or three for a dollar. There are sellers at Eighteenth and Jefferson, Third and Jefferson, and Second and Liberty Streets. [2]
In April 2014, Governor Steve Beshear signed a law permitting patients to use non-psychoactive cannabidiol (CBD) derivatives with a physician's recommendation, under clinical trials at the University of Kentucky in the treatment of epilepsy, but the law did not include provisions to legally produce or sell CBD. [3]
In 2015, House Bill 3 and Senate Bill 40 both proposed establishing a medical cannabis framework in Kentucky; both failed to pass out of committee. The anti-cannabis National Marijuana Initiative and the Kentucky Baptist Convention took credit for the defeat of the bills, and vowed to oppose medical cannabis bills in 2016. NMI coordinator Ed Shemelya stated: "The ultimate end game for proponents of – and I don't even like to call it medical marijuana – the proponents of marijuana as medicine is not to sanction marijuana as medicine but the outright legalization of recreational use of marijuana." [3] [4]
On February 20, 2020, House Bill 136 passed 65 to 30. It was the first time a medical marijuana bill has been taken up by the full House. The bill proposes restrictions on who can have medical marijuana and where it can be used, and prohibits smoking medical marijuana. It stalled in the Senate due to the COVID-19 pandemic. The sponsor, Representative Jason Nemes of Louisville, stated that he would be re-submitting the Bill for the 2021 General Assembly. [5]
Kentucky House Bill 136 was introduced on January 4, 2022. [6] Passed House Judiciary Committee 15-1 on March 10, [7] and was passed by House 59-34 on March 17. [8] The governor of Kentucky, Andy Beshear, said on April 7 that he was considering executive action to permit medical cannabis in his state if the bill was not approved in the state senate. [9] HB 136 did not receive a hearing in the Kentucky Senate by the end of the session on April 15, [10] [11] and days later, Beshear confirmed that executive actions would be forthcoming. [12]
On June 14, Governor Beshear appointed a 17-member "Team Kentucky Medical Cannabis Committee" through executive order 2022-338 – noting "allowing Kentuckians diagnosed with certain medical conditions and receiving palliative care to cultivate, purchase, and/or use medical cannabis would improve the quality of their lives" and attendant economic benefits – with the purpose of holding public hearings. The committee had its first meeting on June 20. [13] [14] A public feedback website, medicalcannabis.ky.gov, was also created under the order.
On November 14, Beshear issued an executive order declaring cannabis legal to process for medical use but only if it is 8 ounces or less and was legally purchased in another state. [15] [16]
Kentucky Senate Bill 47 authorizing medical cannabis in Kentucky was passed by the state legislature on March 30, 2023 and signed into law by Governor Beshear on March 31. The provisions of the bill become effective January 1, 2025. [17] [18]
In the United States, increased restrictions and labeling of cannabis as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regulated as a drug in every state, including 35 states that adopted the Uniform State Narcotic Drug Act. The first national regulation was the Marihuana Tax Act of 1937.
The Industrial Hemp Farming Act of 2009, introduced during the 111th United States Congress by House Republican Ron Paul of Texas) and House Democrat Barney Frank of Massachusetts) on April 2, 2009, sought to clarify the differences between marijuana and industrial hemp as well as repeal federal laws that prohibit cultivation of industrial, but only for research facilities of higher education from conducting research. Industrial hemp is the non-psychoactive, low-THC, oil-seed and fibers varieties of, predominantly, the cannabis sativa plant. Hemp is a sustainable resource that can be used to create thousands of different products including fuel, fabrics, paper, household products, and food and has been used for hundreds of centuries by civilizations around the world. If H.R.1866 passes American farmers will be permitted to compete in global hemp markets. On March 10, 2009, both Paul and Frank wrote a letter to their Congressional colleagues urging them to support the legislation. This bill was previously introduced in 2005 under the title of Industrial Hemp Farming Act of 2005.
In the United States, the use and possession of cannabis is illegal under federal law for any purpose by way of the Controlled Substances Act of 1970 (CSA). Under the CSA, cannabis is classified as a Schedule I substance, determined to have a high potential for abuse and no accepted medical use. Despite this, most states have legalized either or both the medical and recreational use of cannabis.
The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.
Andrew Graham Beshear is an American attorney and politician who has served as the 63rd governor of Kentucky since 2019. From 2016 to 2019, he served as the 50th Attorney General of Kentucky. A member of the Democratic Party, he is the son of Steve Beshear, the 61st governor of Kentucky.
Cannabis in Wisconsin is illegal for recreational use. Possession of any amount is punishable by up to 6 months in prison and a $1000 fine for a first offense. A second offense is punished as a felony with up to 3.5 years in prison and up to a $10,000 fine. At the local level, however, numerous municipalities and counties have decriminalized cannabis or lessened penalties for minor possession offenses. Medical use is legal only in the form of low-THC cannabis oil.
Cannabis in Iowa is illegal for recreational use if classified as marijuana but consumable hemp products including CBD products are legal for consumers to possess and registered retailers to sell. Possession of even small amounts of marijuana is a misdemeanor crime. The state has a medical program for patients with qualifying debilitating medical conditions that allows for the legal sale and possession of no more than 4.5g of THC per patient every 90-day period. Allowed modes of consumption are oral & topical forms including, but not limited to; tablets and tinctures, nebulizable inhalable forms, suppositories, and vaporization.
Cannabis in Idaho is fully illegal for any use, whether recreational or medical. The laws on cannabis prohibition in Idaho are among the most severe in the United States, with possession of even small amounts of it is a misdemeanor crime, and no legality of medical marijuana. As of 2018, support for the legalization of medical cannabis is broadly popular in the state, while legalization of the drug recreationally remains a wedge issue. Both the state's legislature as a whole and its governor, Brad Little, remain staunchly opposed to its legalization for medicinal or recreational purposes.
Cannabis in Virginia is legal for medical use and recreational use. The first medical marijuana dispensary opened in August 2020, and adult recreational use became legalized in July 2021.
Cannabis in Kansas is fully illegal, and possession of even small amounts is a misdemeanor crime. Cannabis is only legal in Kansas in the form of THC free cannabidiol oil, also known as CBD.
Cannabis in North Carolina is illegal for any use except for very limited medical usage, though decriminalized for possession of 0.5 ounces or less.
Cannabis in Hawaii is illegal for recreational use, but decriminalized for possession of three grams or less. Medical use was legalized through legislation passed in 2000, making Hawaii the first state to legalize medical use through state legislature rather than through ballot initiative.
Kentucky was the greatest producer of hemp in the United States during the 19th and 20th centuries, when it was the source of three fourths of U.S. hemp fiber. Production started to decline after World War I due to the rise of tobacco as the cash crop in Kentucky and the foreign competition of hemp fibers and finished products. In 1970, federal policies virtually banned the production of industrial hemp during the War on Drugs saying all Cannabis sativa is a Schedule I controlled substance. Federal law under the Agricultural Act of 2014 allowed research back into hemp. Kentucky began production again with 33 acres in 2014. As of the 2016 harvest season, only two U.S. states other than Kentucky had over 100 acres (40 ha) in hemp production: Colorado and Tennessee. The first 500-acre commercial crop was planted in Harrison County in 2017, and research permits were issued for over 12,000 acres (4,900 ha) that year. The 2016 documentary Harvesting Liberty concerns the 21st century Kentucky hemp industry.
Hemp beer is a form of beer infused with elements of the cannabis plant. Hemp beer is not brewed from hemp directly, but hemp products such as seeds are a later flavoring addition.
The Hemp Farming Act of 2018 was a proposed law to remove hemp from Schedule I controlled substances and making it an ordinary agricultural commodity. Its provisions were incorporated in the 2018 United States farm bill that became law on December 20, 2018.
Kentucky Senate Bill 47 is a law enacted in 2023 to create a medical cannabis program in the state.
Kentucky Center for Cannabis Research is a cannabis research center at the University of Kentucky College of Medicine. It was established by House Bill 604, which became law on April 26, 2022. Its purpose under the statute is "to advance the study of the use of cannabis and cannabis derivatives for the treatment of certain medical conditions and diseases". The legislation requires the university to apply to the U..S. Drug Enforcement Administration for licenses to grow and administer medical cannabis. By October 2022, the center had received a multimillion-dollar grant to study medical cannabis for cancer patients.
