Medical Marijuana in Kentucky
On March 31, 2023, Governor Andy Beshear signed Senate Bill 47 into law making Kentucky the 38th state in the country to approve the medical use of marijuana for its qualifying patients. Regulations are due by July 1, 2024, and the law will take effect on January 1, 2025. The list of qualifying conditions includes PTSD and “chronic, severe, intractable, or debilitating pain.” It also provides for additional conditions to be approved administratively.
The Kentucky Cabinet for Health and Family Services is responsible for establishing regulations for the program and issuing business licenses under Senate Bill 47. The final policies and regulations must be completed by July 1, 2024.
Prior to the signing of SB 47, HB 333 authorized CBD products approved as a prescription medication by the FDA and legalized the sale and consumption in 2017. Hemp-derived CBD with 0.3% THC or less is available from retail stores in the state. Up until the signing of SB 47, Kentucky utilized SB 124, which enabled access to CBD for medical treatment, and made an exemption for medical marijuana use in compassionate use programs and FDA-approved research studies, as a guide for medical marijuana.
Authorized Forms of Medical Marijuana in Kentucky
Marijuana edibles, tinctures and topical products are authorized by the bill. Patients can possess a 10-day supply of cannabis on their person and a 30-day supply at home. SB 47 does not allow patients to smoke marijuana, although it does allow for the sale of unprocessed cannabis flower for vaping.
Qualifying Conditions for Medical Marijuana in Kentucky
Cancer; Amytrophic Lateral Sclerosis (ALS) or Lou Gehrig’s disease; Epilepsy; Intractable Seizures; Parkinson’s disease; Crohn’s disease; Multiple Sclerosis; Sickle Cell Anemia; Severe and Chronic Pain; Post Traumatic Stress Disorder (PTSD); Cachexia or Wasting Syndrome; Neuropathies; Severe Arthritis; Hepatitis C; Fibromyalgia; Intractable Pain; Muscular Dystrophy; Huntington’s Disease; Human Immunodeficiency Virus (HIV) or Acquired Immune Deficiency Syndrome (AIDS); Glaucoma; A terminal illness.
Upcoming Applications for Medical Marijuana Business Licenses
The Cabinet for Health and Family Services (“Cabinet”) will offer the following licenses for various types of medical cannabis businesses:
- Cultivators (4 Tiers based on canopy)
- Processors
- Producers (holding both cultivator and processor licenses)
- Dispensaries
- Safety Compliance Facilities (Testing Laboratories)
There will be no limit on the number of licenses available for any of the above types of licenses. Further, there are no ownership restrictions, except for those who wish to be licensed as a Safety Compliance Facility. Interested applicants will need to acquire a separate license for each location it wishes to operate. We anticipate application periods to open in Fall 2024, so patients can begin buying medical cannabis products by January 1st, 2025.
Now is the time to get started to join Kentucky’s ever-flourishing medical marijuana industry! If you are interested in acquiring a Kentucky Medical Marijuana Business License, schedule an appointment with us to discuss your options.
Last updated September 28th, 2023