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LOUISVILLE, Ky. (WDRB) — Medical marijuana is now legal in Kentucky, but patients likely won’t see it on shelves anytime soon. And state regulations requiring local cultivation and processing mean it could be months — or longer — before products are available.
Why It’s Not Available Yet
Kentucky law mandates that all medical marijuana must be grown, processed and sold within the state. However, cultivators still need to build infrastructure and pass inspections before they can begin growing cannabis. While growers are allowed to use seedlings to speed up production, the plants still take months to mature.
Kentucky Medical Marijuana Coverage:
Gov. Andy Beshear expressed optimism about seeing products available early next year.
“It’s my hope that we’ll see it in quarter one of next year,” Beshear said.
But hemp farmers tell WDRB News they expect it to be many months after that before medical marijuana reaches dispensaries.
Buying Medical Marijuana Out of State
In the meantime, Kentuckians can purchase up to 8 ounces of marijuana from states where it is legal, such as Ohio or Illinois. This is because of an executive order signed by Beshear that pardons Kentuckians accused of possessing marijuana under KRS 218A.1422 if certain conditions are met. To bring cannabis back to Kentucky, patients must have proof of a qualifying medical condition and retain a receipt from their purchase.
Traveling across state lines, however, poses risks. Transporting marijuana is still a federal offense, even between two states where it is legal. Additionally, traveling through states like Indiana, where marijuana remains illegal, could result in prosecution.
Legal Conflicts with Gun Ownership
Federal law adds another layer of complexity for Kentuckians who want to own firearms while using medical marijuana. Under federal regulations, marijuana use classifies an individual as a “prohibited person,” making it illegal to own a firearm.
This prohibition extends to concealed carry permits in Kentucky. Although the state does not require a permit to conceal carry in Kentucky, licenses are issued for those who want to carry in other states. Medical marijuana users do not qualify under federal guidelines.
“We’re a state with a rich history of firearms,” said Matthew Bratcher, executive director of KY NORML. “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.”
Privacy for Patients
For medical cannabis cardholders, privacy remains a key concern. The State Cabinet for Health and Family Services told WDRB News that law enforcement officers can verify the validity of a card during traffic stops by scanning a QR code on the card or contacting the medical cannabis law enforcement hotline.
Additionally, state agencies, including the Department of Corrections and the Administrative Office of the Courts, will access applicant information to check for felony offenses that would stop someone from being allowed to get a medical marijuana card. Beyond this, the Office of Medical Cannabis said it “retains as confidential all information and records of a medical cannabis cardholder.”
When asked if medical marijuana usage is protected under HIPPA, CHFS wrote “HIPAA is a federal law that protects patient medical records and their contents in certain contexts. Kentucky law provides for the confidentiality of patient information provided to the Office of Medical Cannabis for purposes of applying for or renewing a digital registry identification card under KRS Chapter 218B.”
Kentucky Medical Marijuana Coverage:
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”}]] Medical marijuana is now legal in Kentucky, but patients likely won’t see it on shelves anytime soon. And state regulations requiring local cultivation and processing mean it could be months Read More
