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Medical cannabis is now officially legal in Kentucky after a legalization measure signed by Gov. Andy Beshear in 2023 went into effect on January 1, 2025. Patients with a doctor’s recommendation can now apply for a medical marijuana identification card, although licensed dispensaries have not yet opened in the state.
In preparation for the January 1 launch of Kentucky’s medical cannabis program, the state’s new Office of Medical Cannabis (OCM) held several lotteries to award licenses to produce and sell regulated products to patients. Approximately 50 cannabis dispensaries have already been approved, according to a report from online cannabis news source Marijuana Moment, while more than 100 cities and counties approved measures in the November election allowing licensed dispensaries to set up shop in their jurisdictions.
“Our system has been set up with two goals, first, to ensure patients get access quickly, that we don’t get caught up in court, that those who are suffering are able to secure medical cannabis in the commonwealth as soon as possible, and second, that the system operates safely,” Beshear said at a press conference December 16, according to a report from the Louisville Courier-Journal.
The newly enacted law allows patients with a qualifying medical condition to possess up to a 30-day supply of medical cannabis products, including up to 112 grams of dried cannabis, 28 grams of cannabis concentrates, and 3,900 milligrams of products infused with THC such as edibles, oils, and beverages. Patients must also have a written recommendation from a doctor to use medical cannabis and an identification card issued by the state.
Beshear enacted de facto medical cannabis legalization in 2022 with an executive order that legalized the possession of up to eight ounces of medical cannabis by eligible individuals if the cannabis was legally purchased outside of Kentucky. Beshear said the executive order will remain in place until licensed cannabis dispensaries have opened and are serving patients across the state.
“The executive order will remain in effect that ultimately protects people from prosecution … and ultimately now have to go to another state to get it like they are right now, until these dispensaries come online, so we’ll leave those protections in place, so individuals are able to get the help they need,” the governor said.
Feds Warn That Medical Cannabis and Guns Don’t Mix
Leading up to last week’s legalization of medical cannabis in Kentucky, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) warned potential patients that federal law prohibits marijuana users from possessing or purchasing firearms, even in states that have legalized medical or recreational weed. When purchasing a gun, customers are required to complete a federal form asking if they use cannabis. Those who acknowledge cannabis use on the form are denied the right to complete the purchase.
“You cannot possess firearms and ammunition and also be a user of marijuana,” ATF Special Agent AJ Gibes told WDRB in December.
However, Gibes noted that otherwise law-abiding medical cannabis patients are unlikely to face prosecution for owning or possessing firearms.
“We are not actively seeking and working solely on investigations involving just the possession of firearms and marijuana because of our finite resources,” he said.
Even so, cannabis policy reform advocates say that patients should not have to give up their Second Amendment rights when they choose to use cannabis medicinally.
“We’re a state with a rich history of firearms,” said Matthew Bratcher, executive director of the Kentucky chapter of the National Organization for the Reform of Marijuana Laws (NORML), told WDRB news. “Even if you don’t necessarily hunt, you might have an heirloom firearm in the household. That shouldn’t disqualify someone from being a medical cannabis patient.”
To apply for a medical cannabis card in Kentucky, patients can visit the OCM’s online application portal. Applicants must pay a one-time fee of $25 fee and submit a doctor’s recommendation to obtain a medical marijuana card.
“}]] Medical cannabis is now officially legal in Kentucky after a legalization measure signed by Gov. Andy Beshear in 2023 went into effect on January 1, 2025. Read More
