Kentucky Becomes the 38th State to Allow Medical Cannabis

Kentucky just legalized medical cannabis, but patients should not break out their party bongs just yet. The law, when enacted in January 2025, will not allow the smoking of cannabis, but vaping and edibles will be allowed.

The allowable range of THC is from 35-70%, with no more than 10 mg contained in edibles.

Democratic Governor Andy Beshear signed the bill into law before a bipartisan assembly of legislators and activists. As a result, Kentucky is now the 38th state to allow medical cannabis for qualifying patients.

To qualify, patients must have one of the following conditions:

• Any type or form of cancer, regardless of the stage
• Chronic, severe, intractable, or debilitating pain
• Epilepsy or any other intractable seizure disorder
• Multiple sclerosis, muscle spasms, or spasticity
• Chronic nausea or cyclical vomiting syndrome that has proven resistant to other conventional medical treatments
• Post-traumatic stress disorder

Kentucky, known for its bluegrass, will allow the purchase of green grass in the form of cannabis plants. Any packaging will include the text, “Not intended for consumption by smoking.”

A patient must have a formal diagnosis from a doctor certifying that they have a qualifying medical condition. Then a patient will receive an identification card, making them legally permitted to access and possess a daily supply, a 10-day-on-person supply, or a 30-day supply at home. If under 18, those who qualify will require assistance from a certified designated caregiver who also must obtain an I.D. card.

The new law will allow the Kentucky Center for Cannabis Research to include medical conditions and diseases. The Cabinet of Health and Family Services will be tasked with regulating the distribution of medical cannabis across the state. The Kentucky Center for Cannabis Research may also recommend cannabis for patients if data suggests that the patient is “likely to receive medical, therapeutic, or palliative benefits.”

Cannabis must be purchased from a licensed dispensary. Delivery services will be authorized.

All of the cannabis sold in Kentucky must be cultivated within state lines. All cannabis use must remain private and not visible to the public.