Is marijuana legal in Kentucky? No, but several bills could change that

UPDATE: House passes medical marijuana bill in first approval of its kind in Kentucky

A resolution introduced in the Kentucky House of Representatives is calling for expedited federal research on the "safety and efficacy" of medical marijuana.

It comes as lawmakers in Frankfort have the chance to vote on bills legalizing the drug for both medical and recreational use.

Here's what to know about the latest resolution related to medical marijuana research and other proposals to legalize cannabis in Kentucky:

Research wanted before cannabis legalization

UPDATE: The House passed Bentley's resolution 89-2 on Jan. 30, and it is now awaiting further action in the Senate.

State Rep. Danny Bentley, a pharmacist and Republican from Russell, is the lead sponsor on House Concurrent Resolution 5, which requests that several federal agencies "expedite research on the safety and effectiveness" of marijuana use for certain health purposes.

Having more research will help lawmakers in Kentucky's General Assembly develop "evidence-based and scientifically sound medical marijuana policies," Bentley's resolution says.

Bentley, a pharmacist for the past 44 years, told The Courier Journal he is concerned the concentration of THC in some marijuana products is not always known and has gotten stronger, leading to unwanted side effects.

THC, or tetrahydrocannabinol, is the psychoactive ingredient in marijuana.

The resolution says researchers "have not conducted sufficient, large-scale clinical trials to show that the benefits of marijuana, when consumed as a whole plant, outweigh the risks for the patient that it is meant to treat."

It also notes several tragedies involving untested drugs, such as the deaths of 105 adults and children in 1937 after they took a drug called Elixir Sulfanilamide.

According to the resolution, evidence has shown that marijuana can be addictive, impair short-term memory and judgment, and lead to negative side effects, including poorer educational and work performance, respiratory problems and harm to unborn babies.

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It also notes a large number of people request medical marijuana to ease pain or help with post-traumatic stress disorder.

"I do believe the plant itself has some value," Bentley said, noting he has handled prescriptions over the years for some federally approved marijuana-based medications like Marinol that relieve ailments and fight pain.

"My basis for everything is the Kentucky Constitution. Section I of the Bill of Rights mentions the pursuit of safety and happiness, so I'm asking for safety and efficacy," Bentley said.

If medical marijuana is safe and effective, Bentley said that "we can sell it in every pharmacy in the country."

His resolution cites two 2017 reviews published in the Annals of Internal Medicine and says they found limited evidence to support marijuana's effectiveness or safety in treating chronic pain in some populations.

Bentley said he has introduced a similar resolution for the past four years that has passed the General Assembly but keeps introducing the resolution to raise awareness.

Bentley's resolution cleared a committee and is awaiting a vote on the House floor. If passed by the House and Senate, the resolution would be sent to the federal Food and Drug Administration, National Institute on Drug Abuse and Drug Enforcement Agency.

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The medical marijuana bill

UPDATE: The House passed HB 136 on Thursday, Feb. 20, by a 65-30 vote. Read more about the vote and amendments to the bill here.

Rep. Jason Nemes, R-Louisville, has once again introduced a bill to legalize and regulate medical marijuana.

His attempt to legalize medical marijuana in the 2019 legislative session had backing from fellow lawmakers and even then-Gov. Matt Bevin, but the proposal never received a vote on the House floor.

Nemes has said he's confident the House will pass his bill this year, although the Senate may represent more of a hurdle.

Gov. Andy Beshear, a Democrat, is in favor of legalizing medical marijuana and said it could "be done in a revenue-positive way" to help the state's financial troubles.

But instead of linking it to new revenue, the bill's proponents have focused more on medical marijuana's ability to help the residents of a state that has been ravaged by opioid addiction and to help patients who are not responding to conventional treatments.

While its overarching effect would be to legalize medical marijuana, House Bill 136 has some notable regulations and restrictions.

For one, the 160-page bill says that smoking medical cannabis would not be permitted.

Consumption could take place through the form of pills, capsules, oils and edibles, which must not be "attractive" in any way to children. Nemes has said people who can't swallow products could use inhalers.

The bill also lists "qualifying medical conditions" with "chronic or debilitating" effects that could be treated with medical marijuana, including opioid use disorder, PTSD, epilepsy, AIDS and glaucoma.

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However, the list could be expanded to other diseases or medical conditions that a medical practictioner "determines to be severe and resistant to conventional medication."

The intent of the regulations, Nemes has said, is to avoid the overprescribing and drug abuse that have characterized the opioid crisis.

Under the bill, users with an order from a licensed physician would receive a "registry identification card" from a "Department of Alcoholic Beverage and Cannabis Control" in order to obtain medical marijuana from a regulated dispensary.

Independent safety testers would inspect every medical marijuana product, according to the bill.

Cultivators and processors who sell medical marijuana to dispensaries would pay a 12% excise tax to the state, with 80% of the revenue from tax proceeds going into a "medical marijuana trust fund" overseen by the Kentucky Finance and Administration Cabinet.

That fund would go toward administrative costs as well as helping Kentucky State Police enforce medical marijuana laws and helping "indigent persons" obtain medical marijuana.

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The indigent persons would qualify if they are either enrolled in Medicaid, receiving Supplemental Security Income or Social Security disability insurance or are military veterans, according to Nemes' bill.

The other 20% of the revenue would be distributed among the local governments that choose to legalize medical marijuana.

The bill is awaiting a vote in the House Judiciary Committee.

If it passes and is signed into law, Kentucky would join the 33 states and Washington, D.C., along with the territories of Guam, Puerto Rico and U.S. Virgin Islands, in legalizing medical marijuana.

Medical marijuana is currently illegal in Kentucky and Indiana, while several surrounding states — Missouri, Illinois, Michigan, Ohio and West Virginia — have legalized the drug for medical purposes.

Illinois and Michigan are also among the 11 states and the District of Columbia that have legalized recreational marijuana, with Illinois recently beginning sales on Jan. 1.

Is recreational weed also in store?

UPDATE: Howard's bill has yet to receive a vote in the House Judiciary Committee.

The legalization of recreational marijuana may be a pipe dream in a state like Kentucky, but that's not stopping one Eastern Kentucky lawmaker from trying.

State Rep. Cluster Howard, D-Jackson, introduced House Bill 148, which would have 75% of the tax and licensing proceeds from recreational marijuana sales go toward paying down multibillion-dollar liabilities in the Kentucky Employees Retirement System's nonhazardous pension fund.

The remaining 25% of proceeds would support the Teachers' Retirement System fund, according to Howard's bill, which is sitting in the House Judiciary Committee.

Howard's bill would decriminalize the possession of less than 1 ounce of marijuana and allow those previously convicted of a marijuana-related misdemeanors to have their offense expunged for free.

Permits to grow cannabis plants at home also could be purchased for $250 per year under the bill.

Previously: Lawmaker wants to legalize recreational marijuana to fight pension debt

The odds that Howard's bill gets anywhere near Beshear's desk are not great, and the governor himself has not expressed much support for recreational marijuana.

A Beshear spokesperson said in December that the governor "believes Kentucky is ready for medical marijuana, and should prove it can do so responsibly before taking other steps."

Howard told The Courier Journal his district — which covers Breathitt, Estill, Lee and Owsley counties as well as part of Madison County — is "probably the most conservative and impoverished district in the state." But a large number of constituents, doctors and businesses have contacted him expressing support for the bill, he said.

"It's not a moral issue. It's an economic issue," Howard said. "The people who run the House and the Senate in Frankfort are not going to be able to run from this."

Reach Billy Kobin at bkobin@courierjournal.com or 502-582-7030. Support strong local journalism by subscribing today: courier-journal.com/subscribe.