As the 2022 regular session came to an end, the medical cannabis bill passed by the House, HB 136, failed to receive a Senate hearing. Now, the bill is dead, and the next time lawmakers will discuss medical cannabis is the next regular session in 2023. However, Governor Andy Beshear, D, has other plans and mentioned potential next steps for Kentucky medical cannabis.
On April 21, 2022, Governor Beshear spoke to the state following the end of the regular session for state lawmakers. He specifically cited the inaction in the Senate regarding medical cannabis. “If they are not going to take action—not even give it a committee hearing in the Senate—I believe it’s my obligation to see what’s possible given the will of the people and their desire to move forward on this,” he said. “We’re behind Mississippi. That’s something that we can’t be OK with.”
“I’m worried about the veteran who deserves to have the same access in Kentucky as he or she does in another state,” Governor Beshear continued. “If you met a parent who can’t stop their child from having seizures yet, they’ve been to another state, and this works—they ought to have the opportunity to help that child. To me, this is just about doing the right thing. And it’s about serving the will of the people of Kentucky. I believe medical cannabis is overwhelmingly popular, but also demanded by the people of Kentucky, and I’m trying to do my role as a public servant.”
Proposed Next Steps
The Senate’s inaction mainly came from Senate President Robert Stivers, R, and Floor Leader Damon Thayer, R. So, Governor Beshear is moving forward with his own four step plan. First, Governor Beshear plans to create a general council to analyze executive order powers regarding medical cannabis. This will then establish the Governor’s medical cannabis Advisory Team. This team will travel across Kentucky to speak directly with voters. They will discuss what voters want and how they would like the medical cannabis program set up in Kentucky.
Concerns from Lawmakers
Even though Governor Beshear is pushing to legalize medical cannabis through an executive order, lawmakers say it’s not possible. The medical cannabis bill’s sponsor, Representative Jason Nemes, R, expressed gratitude towards Governor Beshear for his support. However, “I want to have words of caution there. I have had a lot of advocates contact me and ask me if this is possible, can this happen. They are hopeful. they just want to be and feel better,” Nemes explained. “The answer is ‘no’ the Governor does not have the authority to legalize medicinal cannabis in Kentucky. I wish he did. If he did, I would be heralding it from the rooftops because this is something I believe Kentuckians need.”
And he’s not the only one who says Governor Beshear can’t legalize medical cannabis through an executive order. According to Senate President Stivers, “the public should be concerned with a governor who thinks he can change statue by executive order. He simply can’t legalize medical marijuana by executive order; you can’t supersede a statue by executive order because it’s a Constitutional separation of powers violation.”
While Governor Beshear and other lawmakers are advocating for medical cannabis for Kentucky citizens in need, it seems it will have to wait until the next regular session in 2023. While Kentucky waits, Governor Beshear will continue to push along his next steps for medical cannabis, but it appears he can’t make it happen himself. Should more information come about, we will update you with the latest.
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