FRANKFORT — The Kentucky House of Representatives gave final passage to a bipartisan bill to legalize medicinal cannabis in the Commonwealth on Thursday.
Senate Bill 47 will now go to Gov. Andy Beshear’s desk for his signature or veto. The House approved the legislation with a 66-33 vote. It passed the Senate with a 26-11 vote earlier this month.
House Majority Whip Jason Nemes, R-Louisville, carried SB 47 in the House on behalf of the bill’s primary sponsor, Sen. Stephen West, R-Paris.
“First of all, I want to note that this is a no smoke bill, no self-grow,” Nemes said on the House floor.
SB 47 establishes a framework for the Cabinet of Health and Family Services to regulate the cultivation and distribution of medicinal cannabis, or medical marijuana, in the Commonwealth. One provision of the bill makes it illegal for medicinal cannabis users to smoke the substance, but vaping would be allowed for users over the age of 21.
Under SB 47, individuals diagnosed with cancer, multiple sclerosis, epilepsy, chronic pain, muscle spasms, chronic nausea or cyclical vomiting syndrome and post-traumatic stress disorder could receive prescriptions for medicinal cannabis. The bill also permits the Kentucky Center for Cannabis Research to add medical conditions and diseases to the list.
Additionally, those seeking to cultivate marijuana for medicinal purposes must obtain special permits. Doctors and nurse practitioners would also need a special license to prescribe, and dispensaries would need a special license to distribute.
Nemes said fiscal courts can vote to opt counties out of allowing distribution of medicinal cannabis. Minors could receive prescriptions for cannabis, but caretakers would be responsible for managing and administering the prescription, he added.
On the House floor, several lawmakers spoke against the bill.
Rep. Shane Baker, R-Somerset, attempted to pass a floor amendment to more narrowly tailor some of the provisions in the bill, including removing all stages of cancer, PTSD and muscle spasms from the list of conditions.
Baker’s amendment failed, and he urged his fellow lawmakers to vote against SB 47.
“We all agree urban and rural, wherever you are across the Commonwealth, we have a drug issue, and this will adversely affect the people of our communities, including our young people,” Baker said.
Rep. Matt Lockett, R-Nicholasville, also shared his concerns with SB 47 on the House floor. He said he was in favor of Baker’s amendment and that SB 47 in its current form “has a lot of flaws.”
“I really, really wanted to get to a ‘yes’ because I think this has a lot of merit … and I think as a body it’s our duty that the laws that we pass are the best form of that law that we can get,” Lockett said.
Rep. Daniel Grossberg, D-Louisville, was one of several lawmakers who spoke in favor of SB 47.
“The legalization of medical marijuana could be an economic boon to Kentucky,” he said. “It would create jobs in the cannabis industry and generate tax revenue for our state. We have an opportunity to be at the forefront of this growing industry, and we shouldn’t let it pass us by.”
Rep. Mark Hart, R-Falmouth, said he is not in favor of recreational marijuana, but he is in favor of SB 47.
“I do think it’s time that we give people with medical conditions that can get relief by using this substance the opportunity to do it legally,” Hart said.
If the governor signs SB 47 into law, it will not go into effect until Jan. 1, 2025.