The Emerging Market: Marijuana Kentucky

Kentucky law has stood firm against the possession, sale, and use of cannabis in any capacity. Ohio voters may find parallels in their own state’s journey toward cannabis legalization. While other states softened their anti-cannabis stances for the sake of medicinal programs, it has taken Kentucky years to come around to the idea.

Medical Marijuana Is Now Legal

Failed bills, COVID-19, and a lack of support are the general hurdles that made establishing any change impossible. However, state officials made Kentucky the 38th state to approve medical cannabis in March 2023. 

This long-awaited change was possible by passing Senate Bill 47 (March 2023), which was pushed by Executive Order 2022-338 (November 2022) issued by Governor Beshear. The order put into effect immediate efforts, such as an advisory committee and research, to speed up the efforts of legalizing medical cannabis.

Cannabis Regulations are Underway

Now, state officials and authorities are racing against time to provide relevant cannabis regulations by July 2024. Consequently, the new cannabis laws will take effect on 1 January 2025.

Since the new laws will come into effect in the coming years, currently cannabis restrictions are still active. During this period, the state has allowed qualifying patients to purchase and use up to eight ounces of medical cannabis products from out of state. 

Outside of that, any individual found participating in the cultivation, possession, or sale of cannabis is partaking in a punishable offense. The consequences include fines, imprisonment, and confiscation of any cannabis or cannabis-related paraphernalia.

On the other hand, non-intoxicating CBD products were allowed for epilepsy patients through House Bill 333. Kentucky residents prescribed by a state-licensed physician may purchase, possess, and consume products with 0.3% THC or less.

Cultivation Laws

It is against the law to plant, grow, or harvest marijuana in Kentucky. If found with less than five cannabis plants, individuals may face a class A misdemeanor.

For a first offense, this can result in up to 12 months in jail and a fine of up to $500. Subsequent offenses escalate to class D felonies, punishable by up to five years in prison and fines up to $10,000.

Possessing five or more marijuana plants can lead to civil penalties for cultivating with intent to sell. Even for a first offense, this is considered a class D felony. Repeat offenses elevate to class C felonies, carrying fines up to $10,000 and prison sentences between five and ten years.

Trafficking Regulations

Trafficking charges apply if caught selling marijuana or possessing it with the intent to sell. For quantities less than eight ounces of cannabis, individuals may face a class A misdemeanor with fines up to $500 and up to 12 months in jail.

Possession of up to eight ounces of cannabis or five pounds or anything in between can result in a class D felony, punishable by fines of up to $10,000 and up to five years in prison. Possessing five pounds or more constitutes a class C felony, with potential fines of up to $10,000 and prison sentences between five and ten years.

Zoning Regulations

Penalties may be harsher if trafficking occurs on or near school property (within 1000 feet of a school). A first-offense violation is considered a class D felony, but penalties may increase based on the quantity possessed.

So, if you want to steer clear of a civil or criminal penalty, it’s best to stay informed about legislative developments. The online news source Marijuana Moment is a valuable contributor in this regard.

The cannabis market in Kentucky will initially be limited to medical marijuana sales. Adult-use cannabis is currently off the table, but future conversations may open the state government toward it. 

The amount of information currently released about medical cannabis in Kentucky is as follows:

Medical Dispensaries and Sales

While Kentucky’s state officials are working on regulations, there’s limited information available about how the medical cannabis market will look.

Some common features include medical cultivation and dispensary licenses. However, the number of licenses available and their eligibility requirements will be decided. 

The limited information includes details on the nature of products these medical dispensaries may sell. 

According to S.B. 47, cannabis products can only contain the following THC levels: 

• Concentrate: 70%
• Edibles: 10mg
• Flower: 35%

Among products, it’s illegal to smoke raw cannabis; hence, all such products and paraphernalia are not allowed. However, cannabis may be used in vaporized form. 

Patients will be allowed to purchase a 30-day supply of cannabis through a licensed medical cannabis dispensary. For now, they can also source eight ounces of products from other states (if they qualify for them according to Kentucky’s law). 

Qualifying Conditions

Only qualified patients can be legal buyers and consumers of medical cannabis. 

Through the initial decision, 21 medical conditions were qualified for medical cannabis. These included chronic illnesses, severe cases of common diseases, psychological illnesses, and terminal illnesses. While the list was long, it didn’t cover all of the patients hoping to use medicinal cannabis for relief. 

Later, the governor pushed to add 15 more qualified conditions to support a larger group of patients. In the new qualifications alone, an additional 437,000 Kentucky patients will become eligible for medical cannabis. 

Patients with the qualified conditions are eligible for using medical cannabis, but the eligibility is subject to the other requirements that must be fulfilled to possess and use cannabis. 

For example, after an in-person evaluation, qualifying patients must first receive a written certification from a state-licensed practitioner. 

Next, they must apply for a registry identification card. This certificate and card must be renewed over time, and before renewal, a new evaluation is compulsory. 

Medical cannabis remains a novel challenge in Kentucky, but state officials are putting in their best effort to establish a well-regulated and functional medical cannabis program. 

The shift away from the failed and irrational war on drugs marks a new era for insurers and policyholders alike. Businesses must understand the marijuana concentration regulations to ensure compliance and adequate coverage.

By 2025, new cannabis laws will come into effect, and soon after, residents will be able to partake in the cultivation, sale, and consumption of medical cannabis. With medical cannabis legalization, we can be hopeful to see New Jersey legalize recreational marijuana.