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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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White House Finally Comments On Marijuana Industry

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Part of the cannabis industry supported the new president, betting he was going to move and move quickly on cannabis – the White House finally commented.

The cannabis industry has been a boon for consumers, medical patients, veterans and legal states, but for the thousands of mom and pop businesses is has been a roller coaster.  With a huge demand, it would seem to be easy money, but the federal, tax, and banking restrictions have made it difficult to grow and expand. Part of the industry were all for the new administration assuming they would support positive change, but many in the new cabinet and the House Speaker Mike Johnson are foes.  Now the White House finally comments on marijuana industry…and it doesn’t show a clear path.

RELATED: Music Is A Turn On Like Sex And Marijuana

The administration’s current stance on marijuana reform is marked by inaction, despite campaign promises and earlier signals of support for cannabis-related reforms. A White House official recently confirmed that “no action is being considered at this time” regarding marijuana policy, leaving advocates and industry stakeholders uncertain about the administration’s priorities.

During his campaign, the resident expressed support for rescheduling marijuana under the Controlled Substances Act (CSA), which would move it from Schedule I to Schedule III, easing restrictions on medical use and enabling cannabis businesses to access banking and tax benefits. However, since taking office, no concrete steps have been taken to advance this initiative. A DEA hearing on rescheduling, initially planned for January 2025, was postponed due to procedural appeals and remains unscheduled.

The president has also voiced support for state autonomy in cannabis policy and endorsed state-level legalization initiatives, such as Florida’s failed 2024 ballot measure for recreational marijuana. While this reflects a more favorable stance compared to his first term, his administration has yet to prioritize federal reforms like the SAFE Banking Act, which would facilitate banking services for cannabis businesses. Efforts to include such measures in a government funding bill late last year were unsuccessful.

The delay in federal action has significant implications for the cannabis industry. Rescheduling marijuana could alleviate financial burdens by eliminating restrictions under IRS Code Section 280E and promoting medical research. However, the stalled process leaves businesses navigating regulatory uncertainties and limited financial access.

RELATED: The Science Behind Why Music Sounds So Much Better When You’re High

While stakeholders continue lobbying for reform, the administration appears focused on other priorities such as immigration and foreign policy. Advocates hope the President will leverage his influence to advance cannabis reform, but for now, the issue remains sidelined. Until then the industry struggles and waits.



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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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