Representative Jason Nemes, R, has introduced a medical cannabis bill in Kentucky for the past few years. In 2020, the representative’s bill made it through the House. Unfortunately, it stalled in the Senate with no discussion and the Covid-19 pandemic broke out across the country. In 2021, Representative Nemes introduced his bill once again, but it didn’t receive any vote in the House or the Senate, even with a push from Governor Andy Beshear, D.
Representative Nemes then spent time at the end of 2021 reworking his medical cannabis bill. This scaled-back version, to hopefully gain more support, saw its introduction on January 4 as HB 136.
HB 136 Details
Even though HB 136 would legalize medical cannabis for qualifying patients, some aspects remain undefined. Lawmakers will determine those aspects during an implementation period later in 2022 should HB 136 pass. This includes deciding on qualifying conditions as well as the daily amount. At the bare minimum, qualifying conditions will most likely include all types of cancer, epilepsy or seizure disorders, MS, nausea and vomiting, and any chronic, severe, or debilitating pain.
HB 136 does not allow home growth or smoking cannabis flower. Whole plant products are allowed. However patients must vaporize the plants instead of smoke them. A 10 day supply outside of the home is allowed along with a 30 days supply secured at the patient’s residence. Students can also consume their cannabis prescription under the administration of the school nurse.
A 12 percent excise tax would apply to all sales along with taxes on gross receipts. The revenue would be split evenly between state and local governments. Specifically, 13.75 percent of tax revenue would go to local law enforcement to help enforce the new medical cannabis law.
Opposition to HB 136
Even though HB 136 has previously made it through the Kentucky House, the Senate is another task. There are several lawmakers who have pushed against legalization of any kind, saying it’s a gateway to recreational cannabis. The Senate Floor Leader, Darron Thayer, R, spoke to news reporters recently about his opposition. Senator Thayer believes medical cannabis is “a slippery slope for recreational marijuana,” to legalize in Kentucky.
Representative Nemes “has been working hard to improve his bill. He’s told me a little bit about it,” Senator Thayer told local reporters. “I’m just not going to be for it. That doesn’t mean others won’t and that we won’t have the votes to pass it. Right now, I don’t really see the energy for it.”
Voters “elect [lawmakers] to go to Frankfort and make decisions on their behalf—and if they don’t like it, they can take it out on me in the next election,” Thayer added. Additionally, House Speaker Pro Tempore David Meade, R, is also “on the fence” regarding medical cannabis legalization.
Future
There is a lot of promise for medical cannabis in Kentucky, with HB 136 and continued support from Governor Beshear. Furthermore, around 90 percent of voters in Kentucky support medical cannabis, pushing lawmakers more towards legalization. As more information becomes available, and the further into the legislative session we get, we will update you with the latest.
Make sure to check back for more cannabis, hemp, and psychedelic related news.