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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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Will hemp survive the new Farm Bill?

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America’s millions of hemp consumers continue to face an uneven landscape of rules and regulations that are as varied as the myriad (and occasionally funky) Thanksgiving leftovers currently fermenting in the back of your fridge. But rest assured, Leafly Nation, we’re here to help you make sense of the chaos, and separate the signal from the hemp-derived noise.

This past month, the drama and confusion escalated across the country: The US Senate revealed a “concerning” draft of the 2025 Farm Bill that could kneecap the industry, Connecticut retailers sued the state over strict new THC limits, Ohio cooked up a potential Delta-8 ban and Hawaii amended its hemp program to allow for hemp-derived THC in edible products. Plus, a couple of industry players celebrated expansions and big harvests, and an Arizona company launched a gargantuan 100 mg Delta-8 gummy, intended to treat Alzheimer’s. 

Without further ado, let’s dive in.

Spotlight: north’s Blueberry Dream Sleep gummies

blue package of north gummies
Courtesy of north.

Highlighting one of our favorite products of the month: Minnesota companies are on a tear right now, turning out some of the best hemp-derived THC beverages and gummies on the market. North exemplifies this trend with their well-balanced Sleep gummies. Each delectable little treat packs 5 milligrams of hemp-derived delta-9 THC, as well as 5 milligrams of CBD and CBN. As is often the case, I’d prefer the gummy to have less of a sugary coating, but the robust flavor and hefty effects make it a standout. A package of twenty gummies sells for $18 bucks, making it a good deal to boot. Learn more about North’s sleep gummies here.

Related

Leafly’s top 6 CBD gummies of 2024

That’s a big gummy

Arizona company CBD Life Sciences has announced the launch of a 100 mg Delta-8 gummy. The product has been designed with Alzheimer’s patients in mind;  a relatively small body of research shows that hemp-derived cannabinoids can alleviate symptoms of the disease.

Related

Leafly’s 5 top THCA flower brands of 2024

Top hemp news of December

The US Senate Committee on Agriculture, Nutrition and Forestry has released a new draft of next year’s Farm Bill, and the hemp industry is not pleased. (The bill follows the 2018 Farm Bill, which largely opened the door to the rapid expansion of hemp-derived cannabinoids.) Most notable, the new version redefines “hemp.” In lieu of the current approach, which sets a cap of 0.3% Delta-9 THC by dry weight, the new definition would set the limit at 0.3% total THC, which would include cannabinoids like Delta-8, Delta-9 and Delta-10 THC, as well as THCA. (This proposal still lands better than a version of the bill introduced in the US House in May, which would ban an estimated 90% of hemp products nationwide.) The bill won’t get much play until the next session of Congress begins next year, but rest assured, we’ll keep you posted as best we can.

Related

The best hemp deals of 2024

Connecticut retailers have sued the state over new THC limits in hemp products. In October, Governor Ned Lamont (D) signed a pair of new bills that cap THC at 1 milligram per serving; in January, the cap will drop to 0.5 mg per serving. “The state has impermissibly changed the definition of hemp, and that’s what it all boils down to,” said the retailers’ attorney, Genevieve Park Taylor. 

Another state seeks to limit THC: In Ohio, lawmakers are considering a proposal to cap hemp-derived cannabinoids at 0.5mg per individual serving, and 2mg per package.

Hawaii Governor Josh Green (D) has signed off on a new state policy that allows for low levels of THC in hemp-derived gummies and beverages. It also gives a green light to hemp extraction. The details of permissible THC, however, remain unclear. We’ve reached out to the state for more info.

Related

Leafly’s top 7 hemp pre-rolls of 2024

Not so fast: The Illinois Department of Agriculture (IDOA) has hit pause on new rules for the hemp industry after growers and retailers pushed back. Proposals to allow unannounced, random inspections and bar individuals with drug-related felony convictions on their record from participating in the industry proved particularly contentious.

Texas’ enormous hemp industry is gearing up for another legal battle. Next month, the state Legislature will reconvene, and industry is bracing for lawmakers to make a (third) attempt to shut them down.

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Hemp science news

Viva la hemp: A new study from a group of Texas-based scientists has concluded that hemp varieties contain a surprising amount of microbial diversity. The findings could eventually help farmers utilize microbes in order to maximize the health and productivity of their hemp plants.


And that’s a sample from the wild world of legal hemp this December—2025 is sure to contain even more surprises.



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Nebraska legalized medical weed: Here’s what’s next

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The 2024 general election has one high point for cannabis law reformers.

Nebraska has voted to legalize medical marijuana via two related measures—IM 437 and IM 438. The former essentially legalizes medical marijuana possession, and a health care professional’s ability to prescribe medical marijuana. The latter clears the path for a new state commission to write rules and regulations for a medical program. IM 437 passed with roughly 71% of the vote, and IM 438 passed with 70%.

In 2020, anti-marijuana state officials succeeded in knocking a medical marijuana legalization measure off that year’s ballot on the grounds that it violated a ‘single subject’ rule. A separate measure in 2022 failed to gather enough signatures to appear on the ballot.

Even though this year’s measures passed, proponents aren’t out of the woods yet. This September, Nebraska prohibitionists filed a lawsuit accusing signature gatherers for the campaign of “cheating” and gathering invalid signatures. The argument lacks much evidence, however; the case is currently before a District judge.

Here’s what happens next, if the measures move forward:

No. IM 438—aka the Nebraska Medical Cannabis Regulation Act—stipulates the creation of the Nebraska Medical Cannabis Commission, which must begin considering business applications by October 1, 2025. 

Don’t forget: Implementation of the program hinges on the district court allowing the measure to move forward.

How much marijuana will Nebraska patients be able to legally possess?

IM 437 legalizes the possession of up to 5 ounces of marijuana.

Related

Nebraska marijuana laws

When can I legally buy marijuana?

The measures do not set a specific date that sales will start. 

Can medical patients smoke a joint in public?

Neither measure addresses public consumption. But odds are low that patients will be able to legally consume in public. 

Can I grow cannabis at home in Nebraska?

Neither measure addresses homegrow. 

If the measures go into effect, the to-be-created Nebraska Medical Cannabis Commission will establish rules and rules for the program.

Related

Leafly’s guide to marijuana legalization

What kind of products will be available?

IM 438 gives a green-light to marijuana flower, concentrates, edibles, topicals and ointments.

Any equity or small-business licenses?

Neither measure addresses this question.

Will marijuana be taxed?

Neither measure addresses questions of taxation.


Stay tuned for more from Nebraska’s march toward medical cannabis.



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Cannabis

What’s Next For Legal Marijuana

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Going into 2025,  the cannabis industry will have to be more limber. 

The election is done and Donald Trump will be returning to the White House and Republicans having greater control in Congress. The election showed the majority of people want recreational in Florida, Nebraska will finally have medical marijuana, and cannabis wasn’t a deciding factor in swinging votes. With the House firmly in Republican hands, Mike Johnson has greater power to battle legal cannabis, but don’t count the industry out yet.

Nebraska, passed two ballot initiatives to legalize medical marijuana and regulate the industry on Tuesday. A whopping 67% of the public said yes, which is great for a traditional lyconservative state.  Nebraska was one of the few holdouts for medical marijuana. The legality of the ballot initiatives is being questioned regarding discrepancy over fraudulent signatures and fraudulent notarizations. It is a civil case with a ruling expected after the election is cleared up. The Governor spoke out against cannabis. Those arguing on behalf of the petitioners said there was no “clear and convincing evidence” of fraud, and throwing out entire petitions would punish thousands of Nebraskan voters. If the cannabis backers and voters win the civil suit, medical marijuana should start by the end of 2025.

medical marijuana
Photo by CapturedNuance/Getty Images

While the initiative failed to reach the 60% of votes needed in Florida, it garnered an impressive 56% of public support. Showing the population of the sunshine state is for fully legal weed, but could be 4 years until it is available. There are issues are Governor DeSantis use of public assets to combat the issue, so my legal wrangling in Florida.

A portion of the industry supported the incoming president, but the biggest industry influence for the upcoming administration will be alcohol and pharmaceutical companies.  Alcohol alone is probably one of the biggest investors in the industry with over $13 billion. Wana Brands, which is partial owned by Constellation, launched hemp gummies that can be sold in most states and are as effective as THC gummies. A smart expansion of their products.

Cannabis is popular with the public with Pew Research saying 88+% of the population supporting legalization in some form.  Even the traditional AARP has come around to extoll the medical and wellness benefits of the plant.  A clearer pathway will be laid out in December with the DEA rescheduling.



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