Kentucky: Lawmakers Advance Legislation Imposing New Restrictions Upon State’s Nascent Medical Cannabis Access Program

Frankfort, KY: Lawmakers in the House and Senate have approved legislation, Senate Bill 829, imposing new restrictions on patients’ ability to access medical cannabis products. The bill awaits action from Democratic Gov. Andy Beshear. 

The legislation makes several amendments to the state’s nascent medical cannabis program, which lawmakers approved last year. Among the legislation’s more restrictive provisions, it subjects patients to criminal background checks prior to entering the state’s cannabis registry. Those patients with certain criminal records are disqualified from participating in the program. No other state imposes such patient restrictions.

Other provisions in the bill provide school administrators the discretion to prohibit students registered in the program from accessing medical cannabis products while on school grounds and mandate physicians to perform a complete intake of a patient’s prescription drug history prior to issuing a medical cannabis recommendation. Efforts to expand the pool of qualifying conditions for which doctors may recommend medical cannabis products were unsuccessful.

While separate provisions in the legislation seek to expedite the timeline for which state-licensed growers and others can begin their operations, representatives of Kentucky NORML remain opposed to the bill.  

“House Bill 829 introduces burdensome provisions that will likely hinder patients’ ability to access medical cannabis,” Lauren Bratcher, Deputy Director of Kentucky NORML said. “These include background checks for patients, redundant regulations, and other requirements that will limit patients’ participation in the program. While expediting timelines may seem advantageous, the potential negatives embedded within the bill outweigh any perceived benefits. Patient access and rights must take precedence over expediency.”

She added: “As advocates for patient-centric cannabis reform, Kentucky NORML urges Gov. Beshear to veto HB 829 and protect patient access to medical cannabis in Kentucky. We stand ready to work collaboratively with lawmakers to develop legislation that prioritizes patient well-being and aligns with the principles of compassion and justice.”

Kentucky NORML representatives worked closely with lawmakers and the Governor to pass the 2023 medical law, which is set to take effect on January 1, 2025.

For additional information, please contact Kentucky NORML.