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Kentucky legalizes medical marijuana: What happens next?

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Well, here’s some positive news to cap off your week, Leafly Nation!

Earlier today, Kentucky became the 38th state to legalize medical cannabis when Governor Andy Beshear (D) signed Senate Bill 47 into law.

The victory follows failed attempts to pass similar legislation in 2020 and 2022.

While SB 47 provides a substantial overview of how the program will operate, we caution our friends in Kentucky from getting too excited: It’s gonna be a hot minute before qualifying patients can purchase medical marijuana in the Bluegrass State.

Read on to learn more about the qualifying conditions for medical cannabis in Kentucky, the types of products that the law will permit, and when shops could open their doors.

When will medical cannabis become available in Kentucky?

Medical marijuana could become available for purchase as early as January 1, 2025.

Senate Bill 47 puts the Kentucky Cabinet for Health and Family Services in charge of establishing regulations for the program. According to the bill text, that office must finalize many program policies and regulations by July 1, 2024.

 Karen O’Keefe, director of state policies at the Marijuana Policy Project said:

“Kentuckians who are suffering will finally be able to have access to safe, legal medical cannabis. We applaud the Kentucky legislature for recognizing the value of medical cannabis and passing legislation that will help provide relief and meet the needs of patients with serious medical conditions throughout the state, and are also grateful for the governor’s championing of this compassionate issue.”

What forms of medical cannabinoids can Kentucky medical patients purchase?

Kentucky’s medical marijuana patients will have access to the standard forms of marijuana—edibles, oils, tinctures, capsules, etc.—with one strange exception: 

Dispensaries cannot sell “raw” cannabis flower for smoking purposes. Buuut, patients can purchase flower to vaporize. Pre-rolls are out.

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The bill also includes a couple of potency limits: Flower cannot contain more than 35% THC. Concentrates and topicals cannot contain more than 70% THC. Edibles cannot contain more than 10 milligrams of THC per serving. Is that bad? The flower potency and edibles potency caps should be fine, but the extracts potency cap will be problematic.

(Leafly)

“Today is an incredible victory for Kentucky,” said Matthew Bratcher, Executive Director of Kentucky NORML. “For years, Kentuckians have been calling for medical cannabis legalization and now they will have the freedom to safely access regulated, therapeutic products right here at home. While there is still work to be done, this is a historic step and we look forward to continuing our work representing Kentucky patients.”

How much cannabis can Kentucky patients possess?

Kentucky will allow medical marijuana patients to possess up to a thirty-day supply of marijuana at home, and to have up to ten days’ worth of marijuana on their person.

Officials will need to determine the quantity that constitutes a thirty-or-ten day supply.

SB 47 does not allow for homegrow. Boo.

Will Kentucky tax medical marijuana for patients?

Patients will not pay state or excise taxes on marijuana, but the state will subject dispensaries and producers to taxation.

Who will qualify as a medical cannabis patient in Kentucky?

Senate Bill 47 lays out a list of current qualifying conditions for medical marijuana. They include: 

  • 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

Senate Bill 47 also allows for a newly-formed state office, the Kentucky Center for Cannabis, to add more qualifying conditions to the list.

The program dictates that certification only remains valid for 60 days at a time, and patients must have their initial visit in person. 

What else do potential medical patients and marijuana businesses in Kentucky need to know?

The bill contains some other important information for potential businesses and patients alike:

  • Kentucky will not allow marijuana businesses to engage in advertising.
  • A local government can decide to opt out of allowing dispensaries, but residents can vote to opt back in.
  • The state Board of Physicians and State Board of Nursing will certify practitioners to legally certify patients

Read up on legalization in your state with Leafly.



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Ohioans activate to defend weed legalization from lawmakers

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Ohioans have some pretty sweet cannabis legalization—if they can keep it.

This March, state herb lovers must activate to defend their hard-fought cannabis freedoms from Republican lawmakers.

Ohioans approved of legalization in November 2023 with a 57% yes vote on Issue 2. However, Republican lawmakers can completely repeal Issue 2, and they’ve started the repeal process this winter.

Email your lawmaker and tell them to “Vote no on Senate Bill 56.” Call, text, and testify if you can.

What’s going on with Ohio legalization repeal in 2025?

Republicans re-criminalizing weed in Senate Bill 56

So far, the state has sold $347 million in legal, taxed grass. Adults age 21 and older can possess and use 2.5 ounces and grow up to 6 plants per person. 

Ohio Republicans have one big bill to unwind legalization—Senate Bill 56.

The bill would:

  • Sicken Ohioans by requiring new, untested chemicals diluting their vapes
  • Dictate what Ohioans can do in their own backyard
  • Make it a crime for a husband to give a joint to his wife
  • Make it a crime to vape on a boat—even as a passenger

SB 56 also contains a gift to the alcohol industry— SB 56 caps dispensaries at just 350. Meanwhile, there are 24,000 active liquor permits in Ohio.

Contact your lawmaker and protect your freedoms. Ohio has over 1 million regular cannabis consumers.

When should I speak up on Ohio’s repeal of legalization?

Ohio Republicans want to dilute vapes with unsafe chemicals. (Courtesy of CDC)
Ohio Republicans want force dilution of legal vapes with unsafe chemicals. Diluting vape oil sickened more than 2,600 and killed over 50 in 2020. Above, dangerous colorless, odorless diluent vitamin E oil. (Courtesy of CDC)

The time is now. 

Stop legalization repeal bill SB 56 

Senate Republicans already voted passed SB 56 in late February. It requires new chemicals in your cannabis extracts to dilute them below a 70% THC cap. It’s a pro-cartel bill that hands over the hash market to illegal dealers who will have untaxed, untested, more potent products.

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SB 56 went live for debate in the Ohio House on March 3, and it should head to the House Finance Committee. Email them.

Who is trying to trample on cannabis consumers’ rights in Ohio?

The chief Republican pushing pot re-criminalization is Sen. Stephen A. Huffman—who is up for reelection in November 2026. All nine Senate Democrats voted ‘no’ on Huffman’s SB 56.

Legalization is popular—57% of Buckeye voters passed it. Nearly $347 million in legal weed has been sold since August.

Why are lawmakers subverting the people’s will?

Speak up or 7 plants becomes a crime again in Ohio—not even two years after 57% of voters legalized it. (Leafly)

Lawmakers think they know better than the voters who elected them, legalized it with 57% of the vote.

Sen. Huffman has said, “I’m not sure why people voted for [legalization].”

Ohio Republicans opposed legalization in 2023, and pitch partial repeal for “consumer and child safety.”

However, voters approved Issue 2 to increase consumer and child safety. Legal markets tax, test, and regulate cannabis. They check IDs, and use child-safe packaging. Repeal gives a win to street dealers that literally poisoned children.

Why do Ohio’s Republican lawmakers think they know better than their voters?

It’s the same paternalism that drove the drug war in the first place. The party of ‘small government,’ ‘personal responsibility,’ and ‘low regulation’ has taken aim at your backyard, your vape pen, and sharing a joint to your wife.

Over 40 opponents spoke at SB 56’s Senate hearing. Only six spoke in favor of repealing legalization. Republicans advanced repeal anyway.

Can Ohio voters win this year?

Sure.

Voters over in Montana already defeated several bad bills in their state during this legislative cycle. Ditto for South Dakota.

Lawmakers respond to emails, phone calls, text messages, and testimony from constituents. Inboxes flooded with ‘Vote No on SB 56’’ will make them twice.

You can find your Ohio lawmaker on this page.

Keep the message simple: ‘No new taxes and regulations on weed’ and mention you are a constituent. The majority is with you.

Ohio Republicans will keep trying each year to lock people back up for weed. The price of freedom is eternal vigilance.

Separately, Ohio Gov. Mike Dewine plans to abandon the party’s low-tax ethos to double taxes on herb. His proposed state budget raises pot taxes from 10% to 20%.

Ohio House hears the budget this winter as well.

Contact your lawmaker and say ‘no new weed taxes.’ They are a giveaway to the illegal market, which doesn’t pay any taxes.



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Montanans must activate to protect legalization in 2025

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Montanans: It’s time to activate to protect your access to legal cannabis from being given away by Montana politicians to drug cartels.

Several new bills require you to raise your voice with your lawmakers, and let them know you oppose repealing the cannabis legalization that a 62% majority of Montana voters approved.

Follow this link to sign up for email notifications and tell state lawmakers ‘don’t tread on my cannabis rights.’ Share it widely.

There are nearly 100,000 cannabis consumers in Montana—it’s high time lawmakers thought twice about infringing on their rights.

What’s going on with Montana legalization repeal in 2025?

Each year, Republican lawmakers try a host of measures to give the legal industry away to illicit market dealers including drug cartels. This year, the new bills include:

Capping THC in any product at 15%

Cannabis flower regularly tests above 20%. Virtually every extract and vape would be banned. The bill—Senate Bill 443—might as well have been written by illegal vape peddlers who sell untested poison to children. Email your lawmaker with the subject headline ‘Oppose SB 443.’ In the body text, state that you are a voter in their district. Calls and texts are even better.

Virtually every extract and vape would be banned.

A government watch list of stoners

A different bill—SB255—would charge each recreational smoker $200 and make them register with the state. Very Orwellian. Email your lawmaker with the subject headline ‘Oppose SB 255.’ In the email body, state that you are a voter in their district. Calls and texts are even better.

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When should I speak up on Montana’s repeal of legalization?

The time is now. 

‘Political giveaway to cartels’ bill hearing is February 27

The 15% THC potency cap bill that gives the legal industry to the cartels—SB443—has just come out and will go to a committee hearing first. The first committee hearing is one of the best places to nip it in the bud. Email these members of the Business Labor and Economic Affairs committee.

‘Watch list for stoners’ bill gets hearing is also on February 27

The ‘government watch list of stoners’ bill—SB255—also just came out, and heads to a committee hearing on February 27. Flipping just a couple of committee members can kill this bill for this year. Email these members of the Business Labor and Economic Affairs committee.

Who is trying to trample on cannabis consumers’ rights in Montana?

A small cadre of Republican lawmakers opposed the 62% majority of Montanans that approved cannabis legalization. The list includes: the 25 co-sponsors on the drug cartel gift bill SB443. 

The ‘stoner watch list’ bill SB255 comes solely from state senator Greg Hertz. Sen. Hertz took political contributions from police and alcohol groups in 2024.

Why are lawmakers subverting the people’s will?

Because some politicians think they know better than the 62% of Montanans that approved legalization. Even though they are ‘small government’ ‘personal freedom and responsibility’ Republicans—they’ve set aside those values. Some take money from police lobbies. Others take money from supporters of big government ‘nanny state’ paternalism.

Why are Montana Republicans writing bills to benefit illicit drug dealers including drug cartels?

Because they either don’t know or don’t care that restricting lawful access to taxed and regulated cannabis turns the industry over to street dealers that don’t test and don’t card. They believe America is better off with prohibition and the war on marijuana.

Can Montana voters win this year?

Sure. Montana voters, activists, and industry have already defeated one bad bill to limit free speech in the cannabis trade. House Bill 331 tried to gag cannabis operators from talking about marijuana in public. Lawmakers abandoned HB331 on February 6. It could likely return this session, and will surely return in 2027—so supporters must stay vigilant each year for bad bills such as these.

Protecting Montana’s legalization is easier than winning legalization. All voters have to do is get their lawmaker to abstain or skip a key committee vote, and politicians love to do nothing, experts note.

So get involved! We’ve found that cannabis is a gateway to all sorts of civic engagement. Once you know exactly who your representatives are, how to reach them, and see the results—speaking your mind can become habit-forming!

Download the Leafly app, turn on notifications, and get on our email list to stay plugged in.



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Analysis: Don’t hold your breath for legalization under Trump 2.0

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The fog of the inauguration has cleared, and prospects for weed law reform look dim in Washington D.C. under the second Trump Administration. 

But don’t get bummed—experts say voters have the power to dictate their fate at the level where it most impacts them: their city and state.

According to veterans of the country’s weed wars for decades, no executive order, DEA ruling, or Congressional bill is on tap to deliver the legalization that 70% of US voters want. But a series of state battles are brewing, where regular folks can defend and advance their freedoms.

“No one is coming to save us. There’s no hero here,” said cannabis investor Emily Paxia, co-founder at Poseidon Asset Management. Paxhia is a veteran of the major reform group Marijuana Policy Project. “Every victory has been at the state level, and I think there’s still hope.”

Before we dive into the weed reform battles brewing in California, Ohio, Montana, Nebraska, and Texas, let’s run down prospects in the three branches of government: a distracted Executive; a hostile Legislative; and a wild card Judicial.

Conflicting White House priorities

Cannabis enjoy 90% support for medical legalization and 70% support for adult-use laws. (David Downs/Leafly)
Populist plant: Cannabis enjoys 90% support for medical legalization and 70% support for adult-use laws. (David Downs/Leafly)

Many experts don’t see legal weed as a priority at a Republican White House. 

During the election, the famously straight-edge candidate said he supported Florida legalization Amendment 3, rescheduling, and a State’s Rights approach to pot policy. Since then—silence. Some take the President at his word, including the major lobbying group the US Cannabis Council.

“President Trump has clearly stated his position on cannabis reform. He supports rescheduling, banking access, and state-level legalization,” the USCC wrote to Leafly. “We have every expectation that he will follow through on his commitments, and we look forward to working with his administration to move our nation forward.”

Conversely, Paul Armentano—Deputy Director of America’s most notable reform group, the National Organization for the Reform of Marijuana Laws (NORML)—doubts the President will lift a finger for potheads.

Related

Cannabis predictions for 2025: Low prices, high taxes, and hash

“There is really nothing in Trump’s history that would lend one to believe that this is an issue that he wishes to prioritize.”

Paxhia said industry and experts have briefed the President, and he understands legal cannabis is about taxation and regulation, not underage use.

“But the biggest question is where the priority lies for his new presidency.”

A dead end at HHS and DEA

President Biden’s bungling of rescheduling showed how the White House can’t just snap its fingers and take marijuana off the Controlled Substances Act. It requires the Drug Enforcement Administration or an act of Congress. The folks at both of those places are no friend to grass.

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President Trump nominated pro-pot Robert F. Kennedy Jr. as Health and Human Services Secretary, but then RFK. Jr. promptly demurred to the DEA.

Moreover, President Trump then nominated a longtime drug warrior to run the DEA—Terry Cole. That’s bad news for those hoping the DEA would give rescheduling marijuana a fair hearing.

“Cannabis prohibition is in the DNA of the DEA. What are you going to do—strip it out?”

Emily Paxhia, co-founder, Poseidon Asset Management

Armentano said from years of experience that rescheduling is a catch-22: “There is no way you’re ever going to get a level playing field in that process.”

So legalizing administratively looks like a dead-end. What about Congress?

Congress: Dim and dimmer

Congressional Republicans promise to do less on weed law reform than the do-nothing Democrats that preceded them.

For example, former Senate majority leader Chuck Schumer never brought even a modest pot banking bill to the Senate floor. The first Republican pot bill this session would retain prohibition-era taxes on any cannabis business deemed legal.

Congress rewards seniority, and the shot-callers in both houses are veterans of prohibition, said Armentano.

“The older the lawmaker, the more wedded they are to the sort of war on drugs mentality of the 1980s.”

Paul Armentano, Deputy Director, NORML

The Supreme Court: Joker’s wild

One bright spot might turn out to be the judicial branch. The highest court in the land now envisions a less powerful federal government. That vision could net a win for state weed programs.

The Supreme Court has taken a more federalist turn after several Trump appointments. Specifically, the new conservative majority could narrow the reach of 1970’s Controlled Substances Act, and thus protect state-legal cannabis systems. 

In particular, a pending case questions the application of the US Constitution’s inter-state Commerce Clause to quash intra-state weed commerce. 

“This is an avenue that doesn’t get enough attention,” she said.

The real action: Back in the States

Cannabis fans can score real wins defending the weed rights they’ve already won and advancing new ones at the state level this year.

It’s an opportunity to hold your elected representatives accountable for real change. Take a look:

Protecting Montana

For example: Montanans must rally to protect legalization there. It’s under threat by a new bill to charge each recreational smoker $200 and make them register with the state. Another bill caps THC at 15% across the board—a giveaway to street dealers and the illicit market.

“They are really after us this time,” David Liberman, general manager at Lionheart Cannabis. Montana’s 100,000 or so cannabis consumers can get engaged here.

Tax equality for Californians

Meet your lawmaker during California Lobby Day March 24. (Courtesy CA NORML)
Meet your lawmaker during California Lobby Day March 24. Photo from 2024. (Courtesy CA NORML)

Californians can meet their representative Sacramento Lobby Day on March 24 to stop another tax hike. Cali weed smokers pay 150 times the taxes on a joint compared to a glass of wine, and 60 times more taxes than beer drinkers.

Defending Ohio, Nebraska, and South Dakota

Ohio, Nebraska, and South Dakota have legalized adult-use, or medical cannabis, but politicians didn’t get the memo. Supporters in each state will have to defend their voter-approved measures against Republican efforts to undo the people’s will.

Pennsylvania’s push

Furthermore, Pennsylvania’s Governor Josh Shapiro wants to enact majority-supported adult-use legalization there, but he’ll need voters to lean on their representatives.

“Legalizing adult-use cannabis will make Pennsylvania more competitive, bring in more money to help our communities, and create real opportunity for small businesses all across our Commonwealth,” he wrote Feb. 24.

Freedom to grow in Washington state

Talk about a bellwether: one of the nation’s oldest adult-use cannabis states—Washington—will still lock you up for growing a single weed plant. Will voters speak up to help pass House Bill 1449? Weigh in here.

Find your voice

With 41 medical states, and super-majority US support for legalization—no voter should fear raising the cannabis issue with their state representative, or state senator, said Armentano. There are about 34 million regular cannabis users in America. It’s high time elected officials heard from them.

For example, weed voters defeated an Ohio legalization attack in 2023 with 7,500 emails to legislators.

There are about 34 million regular cannabis users in America. It’s high time elected officials heard from them.

“We have seen when a lot of cannabis consumers push this issue, politicians will respond,” he said.

Even better, defeating many state freedoms often requires politicians to just skip or abstain from a committee vote. And politicians love to do nothing.

“Typically it’s easier to defeat legislation than it is to pass legislation,” Armentano said. “We have that home-field advantage in a lot of these instances.”

So don’t pout, doom scroll, or hold your breath for some savior. Lend your voice to stir up change that’ll percolate up from the states. Indeed, that’s how lasting change happens.



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