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Kentucky Becomes the 38th State to Legalize Medical Marijuana

Kentucky Becomes the 38th State to Legalize Medical Marijuana

On March 31st, Governor Andy Beshear signed Senate Bill 47 to legalize medical marijuana—making The Bluegrass State the 38th state in the country to approve the medical use of marijuana for its qualifying patients!

Under Senate Bill 47, patients with certain qualifying conditions such as cancer, epilepsy, multiple sclerosis, muscle spasms, or spasticity, chronic nausea or cyclical vomiting, post-traumatic stress disorder (“PTSD”), and severe pain will be eligible to obtain a doctor’s recommendation to use marijuana medicinally. Patient’s will have to go through an initial visit with a physician or advanced nurse practitioner and will be registered for only up to sixty (60) days at a time.

Unfortunately, Kentuckians will not be permitted to smoke marijuana, however, they will be able to purchase unprocessed cannabis flower for vaporization. In addition to vaporization, capsules, tinctures, and topical products will be allowed under this Bill. Those qualified will be able to possess a ten (10)-day supply of marijuana on their person, as well as a thirty (30)-day supply at home. No home cultivation will be permitted in The Bluegrass State. Further, Kentucky has implemented THC caps on its authorized medical marijuana products such as:  (i) 35% THC cap on flower marijuana products; (ii) 70% THC cap on concentrates; and (iii) no more than 10 mgs. per serving for edibles.

Pursuant to the regulations set forth in Senate Bill 47, the Cabinet for Health and Family Services (“Cabinet”) will be the overseeing agency authorized to set regulations and issue business licenses in the State of Kentucky. Although this is an exciting step for those who have waited so long for medical legalization in The Bluegrass State, there is no rush per Senate Bill 47 as the Cabinet will have until July 1, 2024, to finalize all regulations—which sets Kentucky’s medical marijuana program’s launch expectancy to be in January 2025.

The license categories include individual business licenses such as four (4) tiers of cultivation licenses, as well as producers, processors, safety compliance facilities, and dispensaries. It is vital to choose a compliant location for your operations as Kentucky is permitting localities to opt-out of allowing licensed marijuana businesses to operate within their borders. However, Kentuckians who oppose of their locality’s opt-out decision, can petition to have their locality opt-in.

With the State of Kentucky joining the Billion-Dollar Marijuana Industry, now is the time to ensure your spot as one of the first Kentucky medical marijuana businesses by working with a Team of experts. Contact us at to discuss your options!