Politics

Kentucky legalizes medical marijuana: What happens next?

Published

2 years ago

March 31, 2023

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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.

“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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ballot measures

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

Published

4 days ago

November 19, 2024

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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:

Is medical marijuana legal for adults in Nebraska right now?

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.

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.

Who will regulate legal growers and sellers?

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

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

Published

2 weeks ago

November 6, 2024

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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.

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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election

2024 election results for the weed voter: What you need to know

Published

2 weeks ago

November 6, 2024

admin

The votes are coming in, and it’s time to see what 2024 means for cannabis lovers like you. From local measures to national policies, this year’s election could be a game-changer for anyone who believes in a little herbal freedom. Whether you’re in a state where weed’s still a bit of a gray area or you’re looking to see expanded rights and better pricing, this election’s outcomes could impact everything from where you buy to how much you’ll pay—and maybe even what you can grow at home.

So, what just happened? We’re breaking down the most important wins and losses in this year’s races, focusing on the stuff that’ll actually make a difference to the cannabis community. From legalization pushes to fresh tax laws, here’s what cannabis voters need to know about the new political landscape. Will 2024 finally be the year cannabis goes fully mainstream? Let’s dig in and see what the results mean for your stash, your rights, and your next dispensary visit.

Cannabis voter guide to the 2024 General Election

Florida’s Amendment 3: Not currently passing

With 52% of ballots counted at the time of polls closing, Florida Amendment 3 is not meeting the 60% threshold to pass, according to cannabis news site Marijuana Moment. Amendment 3 is losing 55 to 45% in early returns.

Wiz Khalifa, Wizard Trees, Rick Steves endorse Florida legalization

South Dakota cannabis legalization: To be determined

Polls are still closing across the country and we’ll have to wait until later tonight for for more on South Dakota legalization Measure 29.

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North Dakota cannabis legalization: To be determined

Polls are still closing across the country and we’ll have to wait until later tonight for for more on North Dakota legalization Measure 5.

Nebraska medical cannabis: To be determined

Polls are still closing across the country and we’ll have to wait until later tonight for for on Nebraska medical cannabis legalization Measure 437.

Oregon pot unions: Too early to tell

Polls close on the West Coast at 8 p.m. PST, after which we’ll have the first returns on Oregon Measure 119 to force pot businesses to obtain pro-union agreements from unions.

Massachusetts psychedelics legalization: To be determined.

Polls close on the East Coast at 8 p.m. EST, after which we’ll have more on the Massachusetts psychedelics legalization Question 4.

State and local races of note

Several state and local races will play a role in spreading cannabis freedom. Among them, Marijuana Moment is tracking three cities in Texas: Dallas, Bastrop, and Lockhart. Legalizing cannabis in cities can percolate up to bigger changes in state capitols.

President of the United States: To be determined

Both candidates have expressed support for legalization, either federally or at the state level. Then again, neither expended political capital to foment cannabis law reform during their prior tenure as President, or Vice-President.

Control of the Senate: To be determined

Despite promises from Senate majority leader Chuck Schumer—the US Senate has blocked cannabis law reform passed by the House. Neither party has passed legalization in the Senate when they held power over it. It’s unclear exactly how either party controlling the Senate would result in gains for cannabis voters.

Control of the House of Representatives: To be determined

Numerous flavors of cannabis law reform have passed out of the House under both Democrat and Republican control. But they’ve died in the Senate. The parties are split on legalization over things like taxes, banking, regulations, special treatment for certain groups, and other facets of winding down the war on weed.

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