Medical marijuana will become legal in Kentucky next year, but strict regulations in the state’s program may create hurdles for cardholders seeking to use it.
Under the new law, smoking marijuana in its natural form and growing it at home will remain prohibited.
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Registered users who choose to light up instead of consuming marijuana through approved methods, such as vaping or concentrates, could face penalties, including the suspension or revocation of their medical cannabis licenses.
Matthew Bratcher, executive director of Kentucky NORML, a cannabis reform advocacy group, explained that while dispensaries can sell raw plant material, its use is limited.
“Flower is still available, but smoking it—rolling it up and lighting it like a cigarette or joint—is technically against the rules,” Bratcher said.
The Kentucky Office of Medical Cannabis emphasized that “combustion” or smoking raw plant material is “strictly prohibited” for medical marijuana patients. Violators risk losing their licenses and could face fines or penalties under local laws.
Additional violations under the law include consuming vaporized cannabis in public, possessing more than the legal amount, and cultivating marijuana at home. These offenses could lead to misdemeanor or felony charges, fines, or jail time.
Why Is Kentucky’s Medical Marijuana Law So Restrictive?
State Representative Jason Nemes, who helped craft Senate Bill 47, said passing the legislation required compromises, including the smoking ban.
“I understand that some doctors think smoking may be the most effective method for certain conditions, but including it would have prevented the bill from passing,” Nemes said. “We also wanted to ensure people could walk around their communities without smelling marijuana.”
Kentucky has historically ranked high for adult smoking rates, and in 2022, 17.4% of adults reported smoking, according to the University of Kentucky. The state also leads the nation in tobacco farming.
Nemes acknowledged Kentucky’s reputation for high smoking rates may have influenced the provision against smoking but said it wasn’t the primary reason for the restriction.
Critics Highlight Overregulation and Push for Broader Access
Some advocates argue the law’s restrictions create unnecessary barriers for patients.
Robert Matheny, director of the Kentucky Cannabis Freedom Coalition and owner of KY CBD FARMACY, believes the smoking ban criminalizes Kentuckians despite allowing legal access to the plant.
“The legislators who wrote this bill weren’t focused on access but rather overregulating it and profiting off Kentuckians,” Matheny said.
Patrick Dunnagan, founder of the Kentucky Cannabis Freedom Coalition, pointed out the restrictions stand in stark contrast to potential federal changes.
“The DEA is on the verge of rescheduling marijuana to Schedule III, essentially recognizing its medicinal value,” Dunnagan said.
While states like Ohio and West Virginia have implemented similar restrictions, others, including California, Colorado, and Oregon, offer more lenient policies.
Balancing Access and Regulation
Bratcher emphasized the importance of allowing patients access to the full range of marijuana’s compounds, especially for those with serious conditions.
“Some patients, like those with cancer, need whole-plant access for THC-A and THC-B,” Bratcher said. “But in a state focused on reducing smoking, I understand the legislators’ approach.”
As Kentucky prepares to roll out its medical marijuana program, debates continue over how to balance public health concerns with ensuring patients have adequate access to treatment options.
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