KY House approves medical marijuana bill. Critics say it creates new hurdles for patients

New medical marijuana legislation would add more requirements for patients and allow local schools and governments to “opt-out” of the state’s cardholder program set to go live in 2025.

House Bill 829 cleared the Kentucky House Tuesday and has been sent to the Senate for consideration. Advocates say the changes it proposes are necessary to further protect patients, while opponents see the new requirements as additional obstacles to care.

Here’s a deeper look at what HB 829 would do and the debate around the legislation.

Bill would expand who is eligible to get medical marijuana in Kentucky. Would you qualify?

What does House Bill 829 do for medical marijuana in KY?

Republican Rep. Jason Nemes, who represents parts of Jefferson, Oldham and Shelby counties, sponsored the bill, along with Rep. Patrick Flannery, R-Olive Hill.

When Nemes brought HB 829 to the chamber’s floor for a vote Tuesday, he described the legislation as a “clean up” bill meant to smooth over issues with last year’s medical cannabis law. The legislation makes needed changes to protect patients, Nemes said.

Nemes then outlined the provisions of the bill. Some of the more notable changes include the following:

• Allows local governments to opt-out of the state program, provided they do so before the state grants a license to a cannabis business seeking to operate in the local government’s territory.

• Allows schools, public and private, to opt-out of the program. Should a school elect to participate in the state medical cannabis program, Nemes said they would need to work out a “mechanism” for administration, whether by a school nurse, parent or otherwise. Specifically, the bill provides that medicinal cannabis must be administered by a school nurse or appropriate school staff member. Otherwise, it will need to be administered by the student’s parent or guardian. Schools can also choose to prohibit the use of medicinal cannabis on school property altogether.

• The state must give Kentucky hemp businesses priority. “They will get priority when it comes to contracting,” Nemes said. HB 829 specifically directs, “when reviewing and considering cannabis business applications, prioritize the review of applications submitted by an individual or entity who is an existing Kentucky hemp business in good standing with the Kentucky Department of Agriculture.”

• Require patients to consult with a pharmacist annually. It requires the consultation “at a minimum, cover the possible risks and side effects of medicinal cannabis and any potential drug interactions between medicinal cannabis and any other drug that the registered qualified patient is taking.” This goes beyond the certification patients must obtain from their physician. Nemes said this provision is meant to offer additional protection to patients participating in the cardholder program. Qualified medical cannabis cardholders from other states are exempt from this requirement.

What was the debate about the bill?

Several Democratic representatives spoke out against the legislation Tuesday when it was up for a vote in the House. They challenged what they viewed as unjustified restrictions and hurdles for patients.

Rep. Rachel Roberts, D-Newport, said a physician’s approval should be sufficient for a medical cannabis patient.

“I had hoped we would be back here to expand what is already the most restrictive medical cannabis law in the nation,” Roberts said on the House floor Tuesday.

Rep. Chad Aull, D-Lexington, also took issue with the provision requiring pharmacist consultation.

“I find it troubling that we’re going to restrict our own citizens’ access to this type of medication and care in a more restrictive manner than we are to people who live outside of our borders,” Aull said.

Rep. Rachel Roarx, D-Louisville, questioned why school districts would effectively be allowed to veto the treatment for their students. Roarx said it isn’t the place of schools to “put barriers in place” against treatment for serious conditions, such as treatment-resistant epilepsy.

On the other hand, Rep. Josh Bray, R-Mount Vernon, sympathized with schools that don’t want the liability of administering a drug they have no clear guidance on. Bray supported the opt-out provision for schools.

The bill has also drawn criticism from advocacy groups such as Kentucky NORML, a state chapter of the National Organization for the Reform of Marijuana Laws.

Wednesday, the group issued a statement expressing its “deep disappointment” in the bill. HB 829 would increase burden on patients, among other issues, Kentucky NORML said.

“[House Bill 829] exacerbates financial strains on patients by adding pharmacists to the medical cannabis program. This decision will inevitably lead to heightened costs for patients already grappling with the high expenses of healthcare. We believe that access to essential medical treatments should not come at the expense of financial hardship for patients. The background checks for all patients will end up being costly for the state and will turn away many who need medical cannabis.”

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