TEG Report

Medical marijuana has been legalized in Kentucky under Governor Andy Beshear’s recent executive order. With this new change, Kentuckians are now able to possess medical marijuana for their health conditions. However, many questions still remain about the limits and protections for workers, insurance coverage, and more. In this article, we explore these questions and provide in-depth answers to help you get a better understanding of the executive order.

Possessing Medical Marijuana in Kentucky: What You Need to Know

The executive order declares that the governor will grant a pardon to anyone convicted of marijuana possession, provided they meet the conditions laid out in the order. It is important to note that buying, selling, or possessing marijuana is still illegal in Kentucky. To legally possess medical marijuana, you must meet the following conditions:

• Purchase the cannabis legally in a state where it is legal and keep the receipt of purchase.
• Possess no more than 8 ounces, as exceeding this amount is considered a felony charge in Kentucky.
• Obtain a certification from a licensed healthcare provider that attests to your diagnosis with one of the health conditions laid out in the executive order.

Protection for Workers Who Use Medical Marijuana in Kentucky

Many workers have concerns about being terminated from their job if they test positive for marijuana, even if they are using it for a medical purpose as laid out in the executive order. It is important to note that Kentucky is an employment-at-will state, meaning an employer can hire or fire an employee for any reason that is not illegal. Protected classes include race, religion, national origin, age, and other immutable characteristics.

According to Attorney Michael Bouldin of Covington, who specializes in medical marijuana and cannabis law, “if you have been charged, you can be fired.” However, the executive order allows individuals who meet the requirements to have their case dismissed and the pardon will expunge it off their record.

What Health Conditions Qualify for Medical Marijuana in Kentucky

The executive order lists the following health conditions as qualifying for medical marijuana:

• Cancer
• ALS or Lou Gehrig’s disease
• Epilepsy
• Intractable seizures
• Parkinson’s disease
• Crohn’s disease
• Multiple sclerosis
• Sickle cell anemia
• Severe and chronic pain
• Post-traumatic stress disorder
• Cachexia or wasting syndrome
• Neuropathies
• Severe arthritis
• Hepatitis C
• Fibromyalgia
• Intractable pain
• Muscular dystrophy
• Huntington’s disease
• HIV or AIDS
• Glaucoma
• Terminal illness

It is important to note that depression and anxiety, which are the most common diagnoses leading to the prescription of marijuana, are not included in the executive order.

Obtaining a Medical Marijuana Certification in Kentucky

There is nothing in the executive order that prevents individuals from obtaining their medical marijuana certification through an online provider. However, it is important to make sure the provider is licensed and meets all the requirements laid out in the executive order.

Medical marijuana has become a viable option for many individuals in Kentucky who are suffering from chronic health conditions. The executive order allows individuals to possess the medical marijuana as long as they meet the requirements and conditions laid out in the order. However, it is important to note that buying, selling, or possessing marijuana is still illegal in Kentucky, and workers may be terminated from their job if they test positive for marijuana. If you have questions or concerns about medical marijuana in Kentucky, it is best to consult with a lawyer who specializes in medical marijuana and cannabis law.

CLICK LINK TO APPLY FOR A Kentucky Medical Marijuana Card