Kentucky lawmakers pass another medical marijuana bill. We break down what’s in it

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Kentucky lawmakers declined to expand the list of conditions eligible for medical cannabis use under a state program set to launch in January, but kept local “opt-out” provisions in a bill that passed Monday.

Under House Bill 829, local governments and school districts can choose not to participate in the state program, but the bill doesn’t touch the short list of eligible medical conditions laid out in Senate Bill 47, which enacted medical cannabis last year.

That means only residents with epilepsy, multiple sclerosis, chronic nausea or vomiting, cancer, severe or chronic pain and post-traumatic stress disorder can qualify for the program. A separate bill that would have expanded that list from six to 21 qualifying conditions ultimately withered in a Senate committee.

“There are no condition expansions in this bill,” Republican Rep. Jason Nemes, House Bill 829’s primary backer, told the Senate’s Standing Committee of State and Local Government Friday. Nemes said adding more conditions to the list at this point would be premature.

“Right now, before the program even starts, we don’t want to expand the conditions at this moment,” Nemes said.

Currently, qualifying patients can use medical cannabis under the terms of an executive order from Gov. Andy Beshear that will stand until a state cardholder program officially launches Jan. 1. That program has a much shorter list of qualifying medical conditions than the governor’s order.

Recreational marijuana use is still a crime in Kentucky, and the state’s recent medical cannabis law hasn’t changed that. Additionally, now that this year’s lawmaking session is over, it’s unlikely we’ll see any more changes to the state’s program until it launches in January.

Here’s a look at the major elements of HB 829 and how it shapes Kentucky’s existing medical marijuana law.

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Provisions for local governments and schools to ‘opt-out’

When Nemes presented HB 829 to the Senate committee Friday, he made clear local school districts and governments can elect not to participate in the state’s medical cannabis program once it launches in January.

In the case of schools, should a district choose to participate, it will be required to put a process in place to determine who would administer medical cannabis, be it a school nurse or the child’s parent or guardian.

City and county governments can also decide not to participate in the state medical cannabis program.

Republican Sen. Stephen West, who joined Nemes in presenting the bill, said local governments can do this by passing an ordinance or by putting the question to local voters in a referendum.

The bill moves up the timeline for medical cannabis businesses to obtain state licenses so they can gear up operations before the program officially launches, allowing them to do so as early as July of this year.

Still, West said cultivators and distributors would be wise to consult with their communities first.

“If a government has an election or ordinance and someone has been licensed, then they’ve made a bad business decision,” West told the committee. “Everyone should know, if you get licensed and get set up before this time, you’re taking a bit of a risk.”

After this year, communities can still vote to “opt-out” of allowing medical cannabis businesses to operate in their jurisdictions, but if a business has obtained a license before that, they’re “grandfathered in,” West said.

The bill doesn’t allow counties and cities to “pull the rug out from under those businesses who invested possibly millions of dollars,” West said.

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Smoking still not allowed; hemp businesses at front of line

Nemes stressed there is still no smoking allowed in Kentucky under the bill.

If patients are going to use medical cannabis to treat a qualifying condition, they cannot use it in public, such as on public transportation or the sidewalk, Nemes said. That also means no vaping medical cannabis in public.

Under HB 829, Kentucky hemp businesses licensed with the state’s Department of Agriculture are given priority when it comes to licensing.

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According to Nemes, “they’ve already shown that they’re properly capitalized and that they follow the rules appropriately.”

Annual mandatory pharmacists consultations nixed

An earlier version of HB 829 required patients to consult with pharmacists annually, in addition to their doctors, in order to hold onto their medical cannabis cards.

However, that provision was met with criticism from some lawmakers and an advocacy group. It was ultimately cut from the final version of the bill passed by lawmakers Monday.

Instead, the bill requires a pharmacist be added to the medical cannabis program’s advisory.

On Wednesday, April 17, Gov. Beshear signed House Bill 829 into law.

Do you have a question about medical cannabis for our service journalism team? Send us an email at ask@herald-leader.com or submit your question with the Know Your Kentucky form below.