{"id":58006,"date":"2022-11-15T11:43:22","date_gmt":"2022-11-15T19:43:22","guid":{"rendered":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2022\/11\/15\/kentucky-governor-signs-executive-orders-allowing-medical-marijuana-possession-from-other-states-and-regulating-delta-8-thc\/"},"modified":"2022-11-15T17:46:22","modified_gmt":"2022-11-16T01:46:22","slug":"kentucky-governor-signs-executive-orders-allowing-medical-marijuana-possession-from-other-states-and-regulating-delta-8-thc","status":"publish","type":"post","link":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2022\/11\/15\/kentucky-governor-signs-executive-orders-allowing-medical-marijuana-possession-from-other-states-and-regulating-delta-8-thc\/","title":{"rendered":"Kentucky Governor Signs Executive Orders Allowing Medical Marijuana Possession From Other States And Regulating Delta-8 THC"},"content":{"rendered":"

<\/p>\n

The governor of Kentucky signed two marijuana-related executive orders on Tuesday: one to allow patients who meet certain criteria to possess up to eight ounces of medical cannabis legally obtained from dispensaries in other states and another to regulate the sale of delta-8 THC products.<\/p>\n

Gov. Andy Beshear (D) said at a press briefing that the first executive order will take effect starting on January 1, 2023, giving patients with serious illness protection from prosecution in Kentucky if they possess cannabis that they can prove was purchased from a licensed, out-of-state dispensary.<\/p>\n

\u201cKentuckians suffering from chronic and terminal conditions are going to be able to get the treatment they need without living in fear of a misdemeanor,\u201d Beshear said. \u201cWith 37 states already legalizing medical cannabis and 90% of Kentucky adults supporting it, I am doing what I can to provide access and relief to those who meet certain conditions and need it to better enjoy their life, without pain.\u201d<\/p>\n

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90% of Kentuckians support legalizing medical cannabis, yet the legislature has repeatedly failed to do it. Today I took action, signing an executive order allowing those suffering from certain medical conditions to possess and use small amounts of medical cannabis on Jan. 1.<\/p>\n

\u2014 Governor Andy Beshear (@GovAndyBeshear) November 15, 2022<\/a><\/p>\n<\/blockquote>\n

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The executive order relies on the governor\u2019s unilateral authority to issue clemency within the state and grants a \u201cfull, complete, and conditional pardon to any and all persons\u201d who meet certain criteria.<\/p>\n

\u201cEach person must also have a certification from a licensed healthcare provider that shows the individual has been diagnosed with at least one of 21 medical conditions, which include cancer, multiple sclerosis, post-traumatic stress disorder, muscular dystrophy, a terminal illness and others,\u201d the governor said at a press conference. \u201cYou must keep a copy of your certification.\u201d<\/p>\n

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Because the governor cannot by himself change criminal statutes or direct police not to enforce certain laws, it means that patients could still potentially face law enforcement action for possessing medical cannabis, even if purchased legally in another state. But it does mean that they will be considered pardoned for the offense.<\/p>\n

The second executive order concerns delta-8 THC, an intoxicating cannabinoid that can be synthesized from federally legal, hemp-derived CBD. The market for delta-8 products has boomed in recent years. The Drug Enforcement Administration (DEA) has confirmed that it\u2019s not currently federally scheduled, but there have been growing concerns about the lack of regulations.<\/p>\n

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Today I signed an executive order that will allow Kentuckians with certain severe medical conditions to possess and use small amounts of medical cannabis if the following conditions are met. <\/p>\n

Read more on the plan, which will go into effect Jan. 1, 2023: https:\/\/t.co\/bPRDMLdCxY<\/a> pic.twitter.com\/7qU8WyywBf<\/a><\/p>\n

\u2014 Governor Andy Beshear (@GovAndyBeshear) November 15, 2022<\/a><\/p>\n<\/blockquote>\n

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\u201cRight now, there are no checks on how it\u2019s packaged and or sold,\u201d Beshear said. \u201cSo we must establish a regulatory structure to ensure that delta-8 is sold, packaged and purchased safely in the Commonwealth.\u201d<\/p>\n

The executive action<\/a> on patient access \u201cwill serve as a template for when the General Assembly fully legalizes medical cannabis,\u201d the governor said, adding that it \u201cmeans we can have the right regulations in place and it means we can accelerate any timeline in the future when the General Assembly does the right and necessary thing to fully legalized medical cannabis.\u201d<\/p>\n

Rep. Jason Nemes (R), who has been the lead sponsor of medical cannabis legislation in the state, criticized Beshear for violating the \u201cRule of Law,\u201d arguing that he \u201chas granted himself a power that exists nowhere in the United States and finds no refuge in Kentucky\u2019s Constitution.\u201d<\/p>\n

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Today, the Governor has granted himself a power that exists nowhere in the United States and finds no refuge in Kentucky\u2019s Constitution.<\/p>\n

\u2014 Jason Nemes (@jmnemes) November 15, 2022<\/a><\/p>\n<\/blockquote>\n

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\u201cAs much as I support his effort to bring medical marijuana to Kentucky, this unprecedented power grab cannot stand,\u201d Nemes said. \u201cRather than sidestep the policy-making branch and violate the Constitution, I invite him to work with us to develop a legal medical marijuana program.\u201d<\/p>\n

\n

As much as I support his effort to bring medical marijuana to Kentucky, this unprecedented power grab cannot stand.<\/p>\n

Rather than sidestep the policy-making branch and violate the Constitution, I invite him to work with us to develop a legal medical marijuana program.<\/p>\n

\u2014 Jason Nemes (@jmnemes) November 15, 2022<\/a><\/p>\n<\/blockquote>\n

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Similarly, Attorney General Daniel Cameron (R) also pushed back on Beshear\u2019s action.<\/p>\n

\u201cTime and time again, the governor has attempted to bypass the policy-making authority of the General Assembly,\u201d he said. \u201cAs always, he seems to relish ruling by decree instead of by the law. Kentucky\u2019s General Assembly is the sole and final policy-making body of this state and they must be allowed to have their say. We are reviewing these executive orders to determine next steps.\u201d<\/p>\n

\n

As always, he seems to relish ruling by decree instead of by the law. <\/p>\n

Kentucky\u2019s General Assembly is the sole and final policy-making body of this state and they must be allowed to have their say. We are reviewing these executive orders to determine next steps. (2\/2)<\/p>\n

\u2014 Attorney General Daniel Cameron (@kyoag) November 15, 2022<\/a><\/p>\n<\/blockquote>\n

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Lt. Gov. Jacqueline Coleman (D) praised the move, however, pointing to broad public support for medical marijuana.<\/p>\n

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We asked Kentuckians if they want medical cannabis, and the response was a resounding yes. 1\/3<\/p>\n

\u2014 Lt. Governor Jacqueline Coleman (@LtGovColeman) November 15, 2022<\/a><\/p>\n<\/blockquote>\n

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\u201cFrom our veterans suffering from PTSD to cancer patients or those living with multiple sclerosis, medical cannabis can provide relief and an alternative to addictive opioids,\u201d she said.<\/p>\n

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From our veterans suffering from PTSD to cancer patients or those living with multiple sclerosis, medical cannabis can provide relief and an alternative to addictive opioids. 3\/3<\/p>\n

\u2014 Lt. Governor Jacqueline Coleman (@LtGovColeman) November 15, 2022<\/a><\/p>\n<\/blockquote>\n

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At the press conference, Beshear was joined by two key cabinet officials, an addiction expert and a military veteran who advocates for cannabis reform and spoke to his personal experience with marijuana treatment.<\/p>\n

Last month, the governor signaled that he would be exploring options for cannabis clemency<\/a> in the state after President Joe Biden issued a mass pardon for federal marijuana possession cases and called on governors to follow suit at the state level.<\/p>\n

He also said at the the time that he directed a review of state-level cannabis cases to inform future steps and encouraged people who\u2019ve been convicted over marijuana alone to apply for a pardon.<\/p>\n

This signing of the executive orders comes weeks after the governor asked the state\u2019s Administrative Office of the Courts to conduct an analysis to determine how many Kentuckians have misdemeanor marijuana charges on their records and the possible impact of pardons.<\/p>\n

Beshear has said that he\u2019s continuing to push for medical cannabis legalization in the state, but he also recognizes the importance of providing relief to those who\u2019ve been criminalized over marijuana.<\/p>\n

Beshear isn\u2019t the only governor who\u2019s\u00a0taken steps to explore cannabis clemency actions<\/a>\u00a0since Biden\u2019s pardon proclamation. And advocates have stressed the need for state-level reform given that the vast majority of marijuana cases are prosecuted in states.<\/p>\n

Meanwhile,\u00a0the governor recently released a report<\/a>\u00a0from a\u00a0medical marijuana advisory committee that he formed<\/a> in June, and he said in September that he would be taking their findings into account as he continues to consider executive actions for reform.<\/p>\n

The committee\u2019s report also determined that while the governor many be able to enact some reforms unilaterally, most of its recommendations to provide patients with medical cannabis access \u201cwould require legislative action\u201d\u2014a problem given some leading lawmakers\u2019 opposition to moving ahead.<\/p>\n

In April, the governor\u00a0previewed plans to advance the issue<\/a>\u00a0of medical marijuana administratively, criticizing the Senate for failing to heed the will of voters and for \u201cobstructing\u201d reform by refusing to even give a hearing to a House-passed bill this year.<\/p>\n

Beshear has made several recent comments about\u00a0the possibility of taking executive action on cannabis policy<\/a> though has said he would prefer for lawmakers to pass comprehensive legislation on the issue. But with a House-passed medical marijuana legalization bill<\/a> dead after the end of the legislative session, he\u2019s increasingly expressed openness to administrative action.<\/p>\n

Nemes\u2019s medical cannabis bill that passed the House this year did not get a required Senate reading ahead of a legislative deadline to advance this session, but there were some who had held out hope that its provisions could have been attached to separate legislation before time ran out on the session.<\/p>\n

\u2014
\nMarijuana Moment is tracking more than 1,500 cannabis, psychedelics and drug policy bills<\/a> in state legislatures and Congress this year. Patreon supporters<\/a> pledging at least $25\/month get access to our interactive maps, charts and hearing calendar so they don\u2019t miss any developments.<\/strong>
\n\"\"<\/a>
\nLearn more about our marijuana bill tracker<\/a> and become a supporter on Patreon<\/a> to get access.
\n\u2014<\/strong><\/strong><\/p>\n

That was some wishful thinking, especially in light of remarks from Senate leadership challenging or outright opposing the idea of passing medical marijuana reform this year.<\/p>\n

Senate Floor Leader Damon Thayer (R) steadfastly opposes the broader medical cannabis policy change, having warned that it\u2019s a fast-track to full legalization. He said in March that the House-passed medical marijuana legislation had no chance of passing this session and it\u2019s \u201cdone\u00a0for the year.\u201d<\/p>\n

\u201cI know my constituents are for it,\u201d Thayer, who owns a whiskey distillery,\u00a0said during a televised panel in January<\/a>. \u201cBut this is a republic, and they elect us to go to Frankfort and make decisions on their behalf\u2014and if they don\u2019t like it, they can take it out on me in the next election.\u201d<\/p>\n

Democratic leaders from both chambers, meanwhile, said in January that\u00a0legalizing medical marijuana would be a top legislative priority<\/a>\u00a0for this year\u2019s session. And in the spirit, Senate Minority Floor Leader Morgan McGarvey (D) and two other colleagues filed their own legalization measures in February.<\/p>\n

The legislation was dubbed LETT\u2019s Grow, an acronym built of the bills\u2019 main components: Legalizing sales, expunging crimes, treatment through medical use and taxing of adult-use sales.<\/p>\n

For his part, Nemes filed an earlier medical legalization bill in 2020 that\u00a0soundly passed the House<\/a>\u00a0but later died in the Senate without a vote amid the early part of the coronavirus pandemic. He\u00a0reintroduced the legislation<\/a>\u00a0for the 2021 session, but it did not advance.<\/p>\n

Nemes has continually expressed confidence that the reform legislation would advance through the legislature if only leadership\u00a0had the \u201ccourage\u201d to put it to a vote<\/a>.<\/p>\n

While Beshear has said that his focus would be on getting medical cannabis enacted this year, he said he also supported legislation introduced by Rep. Nima Kulkarni (D) in November that would simply prevent people from being incarcerated over marijuana for any use, saying he\u2019s in favor of that policy.<\/p>\n

Kulkarni\u2019s bill would\u00a0legalize the possession and personal cultivation of cannabis<\/a>, but it doesn\u2019t provide a regulatory framework for commercial sales.<\/p>\n

The governor also voiced support for broader legalization late last year, saying that it\u2019s \u201ctime we joined so many other states in doing the right thing.\u201d He added that Kentucky farmers would be well positioned to\u00a0grow and sell cannabis to other states<\/a>.<\/p>\n

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Congressional Lawmakers Hold Hearing On Marijuana Legalization In Committee<\/a><\/p>\n<\/blockquote>\n

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Photo courtesy of Max Pixel<\/a>.<\/em><\/p>\n

The post Kentucky Governor Signs Executive Orders Allowing Medical Marijuana Possession From Other States And Regulating Delta-8 THC<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n


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The governor of Kentucky signed two marijuana-related executive orders on Tuesday: one to allow patients who meet certain criteria to possess up to eight ounces of medical cannabis legally obtained from dispensaries in other states and another to regulate the sale of delta-8 THC products. Gov. Andy Beshear (D) saidContinue Reading<\/a><\/span><\/p>\n","protected":false},"author":458,"featured_media":58007,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[18,81,126],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/58006"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/458"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=58006"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/58006\/revisions"}],"predecessor-version":[{"id":58008,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/58006\/revisions\/58008"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media\/58007"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=58006"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=58006"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=58006"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}