Kentucky Senate Bill 47

Last updated
AN ACT relating to medicinal cannabis.
Kentucky General Assembly
Territorial extentState of Kentucky
Passed by Kentucky General Assembly
PassedMarch 30, 2023
Signed byGov. Andy Beshear
SignedMarch 31, 2023
Effective January 1, 2025
Legislative history
Introduced by Stephen West (R)
IntroducedJanuary 5, 2023
Status: Not yet in force

Kentucky Senate Bill 47 is a law enacted in 2023 to create a medical cannabis program in the state (also called medical marijuana).

Contents

History

House Bill 136 in the 2022 session would have created a medical cannabis program. It was passed by the house of representatives 59–34 on March 17, 2022. [1]

The governor of Kentucky, Andy Beshear, said on April 7, 2022, that he was considering executive action to permit medical cannabis in his state if House Bill 136 was not approved in the state senate. [2] When the session ended without senate consideration of the bill, Beshear issued executive order 2022-338 on June 14, 2022, that created the Kentucky Medical Cannabis Advisory Committee to provide recommendations on ways forward for medical cannabis. [3] [4] The advisory committee held its first meeting on June 20. [5]

Governor Beshear asked the state legislature to create a legislatively authorized medical program, after some degree of opening the door to one in 2022 via his own executive order. [6] Senate Bill 47 to create a medical cannabis program cleared a committee on March 14, prior to Senate readings. [7] It was the first time a legalization bill had received a state senate hearing. [8] The bill was approved 26–11 by the senate on March 16. [9] [10] It received its first reading in the house the same day. [11] The bill was passed by the house of representatives on March 30, and Governor Beshear signed the bill the next day on March 31. [12]

Provisions

The bill establishes regulations for medical cannabis qualifying conditions. Under the bill, the Kentucky Center for Cannabis Research would be able to add new conditions to the list. [13]

Patients will be able to possess a 30-day supply. Smoking cannabis is prohibited, but raw cannabis will be available for vaporizing. The bill also establishes THC limits: 35% on flower, 70% on concentrates, and 10 milligrams on edibles. [14]

The program goes into effect January 1, 2025. [15]

See also

Related Research Articles

<span class="mw-page-title-main">Legality of cannabis by U.S. jurisdiction</span>

In the United States, cannabis is legal in 39 of 50 states for medical use and 24 states for recreational use. At the federal level, cannabis is classified as a Schedule I drug under the Controlled Substances Act, determined to have a high potential for abuse and no accepted medical use, prohibiting its use for any purpose. Despite this prohibition, federal law is generally not enforced against the possession, cultivation, or intrastate distribution of cannabis in states where such activity has been legalized. Beginning in 2024, the Drug Enforcement Administration has initiated a review to potentially move cannabis to the less-restrictive Schedule III.

<span class="mw-page-title-main">Andy Beshear</span> Governor of Kentucky since 2019

Andrew Graham Beshear is an American attorney and politician serving since 2019 as the 63rd governor of Kentucky. A member of the Democratic Party, he served as the 50th attorney general of Kentucky from 2016 to 2019. He is the son of former Kentucky governor Steve Beshear.

<span class="mw-page-title-main">Cannabis in Kentucky</span>

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 history of cultivating industrial hemp for fiber since 1775.

<span class="mw-page-title-main">Cannabis in North Dakota</span>

Cannabis in North Dakota is legal for medical use but illegal for recreational use. Since 2019 however, possession under a 1/2 ounce has been decriminalized in the sense that there is no threat of jail time, though a criminal infraction fine up to $1,000 still applies. The cultivation of hemp is currently legal in North Dakota. In November 2018, the state's voters voted on recreational marijuana legalization, along with Michigan; the measure was rejected 59% to 41%. Two groups attempted to put marijuana legalization measures on the June 2020 Primary and the November 2020 elections, but were prevented from doing so by the COVID-19 pandemic.

<span class="mw-page-title-main">Cannabis in Virginia</span>

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.

<span class="mw-page-title-main">2019 Kentucky gubernatorial election</span>

The 2019 Kentucky gubernatorial election took place on November 5, 2019, to elect the governor and lieutenant governor of Kentucky. The Democratic nominee, Andy Beshear, defeated Republican Incumbent governor Matt Bevin. It was the closest gubernatorial election by votes since 1899. It was the closest race of the 2019 gubernatorial election cycle.

<span class="mw-page-title-main">Cannabis in Minnesota</span>

Cannabis in Minnesota is legal for recreational use since August 2023. Governor Tim Walz signed House File 100 on May 30, 2023, legalizing the use, possession, and cultivation of cannabis within the state. The state's new Office of Cannabis Management will establish a regulatory framework for commercial cultivation and sales, with exceptions for tribal nations.

<span class="mw-page-title-main">Cannabis in New Mexico</span>

Cannabis in New Mexico is legal for recreational use as of June 29, 2021. A bill to legalize recreational use – House Bill 2, the Cannabis Regulation Act – was signed by Governor Michelle Lujan Grisham on April 12, 2021. The first licensed sales of recreational cannabis began on April 1, 2022.

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.

<span class="mw-page-title-main">2022 United States Senate election in Kentucky</span>

The 2022 United States Senate election in Kentucky was held on November 8, 2022, to elect a member of the United States Senate to represent Kentucky. Incumbent Republican Rand Paul won re-election to a third term, defeating Democratic nominee Charles Booker with 61.8% of the vote.

<span class="mw-page-title-main">Daniel Cameron (American politician)</span> Attorney General of Kentucky from 2020 to 2024

Daniel Jay Cameron is an American attorney and politician who served as the 51st attorney general of Kentucky from 2020 to 2024. A member of the Republican Party, Cameron was the first African American and the first Republican since 1943 to be elected to the office. He was also the Republican nominee in the 2023 Kentucky gubernatorial election, losing to Democratic incumbent Andy Beshear.

<span class="mw-page-title-main">Al Gentry (politician)</span> American politician

Alan Joseph Gentry is an American politician and a Democratic member of the Kentucky House of Representatives representing District 46 since 2017. Gentry is an advocate of legalized sports betting, and he co-sponsored a bill to legalize it in the state of Kentucky. He has also supported the legalization of medical cannabis.

<span class="mw-page-title-main">2023 Kentucky gubernatorial election</span>

The 2023 Kentucky gubernatorial election was held on November 7, 2023, to elect the governor and lieutenant governor of Kentucky. Incumbent Democratic governor Andy Beshear won re-election to a second term, defeating Republican state Attorney General Daniel Cameron. If Cameron had won, he would have become Kentucky's first African-American governor.

<span class="mw-page-title-main">Savannah Maddox</span> American politician

Savannah Lee Maddox is an American politician. She is a Republican and represents District 61 containing Grant County, Gallatin County, and parts of Kenton and Boone Counties in the Kentucky House of Representatives. Maddox is viewed as one of the General Assembly's furthest-right members.

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.

References

  1. "Medical marijuana bill passes through Kentucky House – now off to Senate". Louisville, Kentucky: WLKY. March 17, 2022. Archived from the original on March 17, 2023. Retrieved March 17, 2023.
  2. Bruce Schreiner (April 8, 2022). "Andy Beshear considering executive order to open access to medical marijuana in Kentucky". Courier-Journal . Frankfort, Kentucky. Archived from the original on March 17, 2023. Retrieved March 17, 2023 via Yahoo! News.
  3. "Gov. Beshear Names Members of Team Kentucky Medical Cannabis Advisory Committee". Kentucky.gov. June 14, 2022. Archived from the original on March 17, 2023. Retrieved March 17, 2023.
  4. Executive Order 2022-338 Archived 2022-06-26 at the Wayback Machine , June 14, 2022, via Governor of Kentucky official website, accessed 2023-03-17
  5. "Newly created medical marijuana panel holds first meeting". Associated Press. June 20, 2022. Archived from the original on March 17, 2023. Retrieved March 17, 2023.
  6. Steve Gelsi (January 6, 2023). "South Carolina, Kentucky and Oklahoma eye cannabis measures as congress stalls". MarketWatch Cannabis Watch. Dow Jones & Company. Archived from the original on January 26, 2023. Retrieved March 17, 2023.
  7. Joe Sonka (March 15, 2023). "Kentucky Senate committee advances bill to legalize medical marijuana, as clock ticks". Louisville Courier Journal. Archived from the original on March 19, 2023. Retrieved March 17, 2023.
  8. "Kentucky medical marijuana bill is still alive. It's receiving a first-ever Senate hearing". The Cincinnati Enquirer. March 9, 2023. Archived from the original on March 19, 2023. Retrieved March 17, 2023.
  9. Joe Sonka. "Kentucky Senate votes to legalize medical marijuana, with clear path to becoming law". Louisville Courier Journal.
  10. Bruce Schreiner (March 16, 2023). "Kentucky Senate passes bill to legalize medical marijuana". Associated Press. Archived from the original on March 17, 2023. Retrieved March 17, 2023 via MSN.
  11. SB47 actions Archived 2023-03-17 at the Wayback Machine at Kentucky General Assembly, accessed 2023-03-19
  12. Tombs, Jeremy; Staff, WKYT News. "Gov. Beshear signs medical marijuana, sports betting bills into law". www.wkyt.com. Retrieved 2023-03-31.
  13. Mark Vanderhoff; Curadhan Powell (March 14, 2023). "Medical marijuana bill passes through Kentucky Senate committee". Louisville, Kentucky: WLKY.
  14. Jaeger, Kyle (2023-03-31). "Kentucky Governor Signs Medical Marijuana Legalization Bill Into Law". Marijuana Moment. Retrieved 2023-06-13.
  15. Ryland Barton (March 30, 2023). "Medical cannabis bill passes Kentucky Legislature". Louisville Public Media. It might be one of the most restrictive cannabis policies in the nation, but Kentucky is poised to allow people with some medical ailments to use pot. They just won't be able to smoke it. And it won't go into effect until 2025.