Medical cannabis back on the ballot in Kentucky

FLOYD COUNTY, Ky. (WSAZ) – Voters in dozens of cities and counties across Kentucky will vote in November on where medical cannabis businesses may operate.

Gov. Andy Beshear signed medical cannabis use into law for people who have certain medical conditions in 2023.

The statewide program will go into effect on Jan. 1, 2025, according to the Office of Kentucky Medical Cannabis.

Cities and counties can opt out and keep cannabis businesses from in their area either by ordinance or ballot referendum.

Counties that take no action via ordinance and ballot initiative are automatically opted in to allow medical marijuana businesses, as are cities in such counties, according to the Kentucky Office of Medical Cannabis.

Only some voters across the state will see the local question on their ballot.

“They’re voting on whether cannabis businesses can be licensed and located within the city and or within the county,“ said Sam Flynn, the executive director of the Kentucky Office of Medical Cannabis.

One area that will see the local question on the ballot more than once is Floyd County.

Voters will decide whether a licensed medical cannabis business can operate in the county, while city of Prestonsburg voters will also vote on whether a medical cannabis business can open within city limits.

Wayland city leaders passed an ordinance in August opting out of the medical cannabis program.

Patients who meet the qualifications of medical cannabis and are registered cardholders may still purchase medical cannabis, even if their county or city chooses to opt-out.

Flynn said it may require driving to the nearest licensed medical cannabis dispensary in their region.

“If you’re in a jurisdiction that decides to opt out of medical cannabis business operations, you won’t be able to go to a dispensary necessarily in your community to buy your medical cannabis to treat the condition that you have. If you have followed the rules and you’re a cardholder, you will be able to go to a hopefully neighboring county,” Flynn said.

Cities and counties are likely to have different laws.

Floyd County attorney Keith Bartley said, “it can’t open the floodgates for anyone to sell marijuana.”

“It only means a dually licensed business of that type could open in the territory,” Bartley said. “It would have to be medical marijuana or medicinal cannabis [and] it would have to be a licensed business that follows all the regulations by the state of Kentucky,” Bartley said.

Due to the lottery process and the limited number of licenses, not every county or city that allows medical cannabis dispensaries and other medical cannabis businesses to open is guaranteed one.

Copyright 2024 WSAZ. All rights reserved.