WEST’S MEDICAL CANNABIS LEGISLATION APPROVED BY SENATE COMMITTEE
FRANKFORT, KY (March 14, 2023) - Senate Bill 47 (SB 47), sponsored by Senator Steve West, R-Paris, has cleared the first major hurdle of the legislative process by passing out of the Senate Standing Committee of Licensing and Occupations.
“A constituent approached me several years ago with a personal story regarding medicinal marijuana, piquing my interest and beginning the process of crafting this piece of legislation,” West said. “I am a proponent of this issue, not for personal reasons, but because through extensive research, I genuinely feel that medical cannabis is inherently safe. On this issue, I believe Kentuckians deserve as many safe options for their medical care and treatment as possible.”
The passage of medical marijuana by state legislatures has been a trend across the nation, as more focus has been placed on incorporating holistic palliative treatments for cancer and many other debilitating disorders. In many situations, some may prefer the option to use a form of medical marijuana as opposed to opioid pain medications, due to their addictive nature.
The following diagnoses are covered under SB 47:
Any type or form of cancer regardless of the stage.
Chronic, severe, intractable, or debilitating pain.
Epilepsy or any other intractable seizure disorder.
Multiple sclerosis, muscle spasms, or spasticity.
Chronic nausea or cyclical vomiting syndrome that has proven resistant to other conventional medical treatments.
Post-traumatic stress disorder.
Any other medical condition or disease for which the Kentucky Center for Cannabis established in KRS 164.983, or its successor, determines that sufficient scientific data and evidence exists to demonstrate that an individual diagnosed with that condition or disease is likely to receive medical, therapeutic, or palliative benefits from the use of medicinal cannabis.
This bill not only names specific ailments that qualify for medical cannabis but also sets up the regulatory authority through the Cabinet for Health and Family Services to oversee all aspects of medicinal legalization. It establishes guidelines for law enforcement, requiring that medical marijuana be transported in an opaque container with labels and a clearly marked dosage. SB 47 establishes rights for employers, civil rights for parents and custodians of minors, and parameters involving rights within education and how a patient must obtain eligibility and acquire a medical card.
Legalizing medical marijuana is a complex administrative process. In addition to the guidelines concerning patient access, physician responsibility and civil liberties for many areas of everyday society that have to be established. SB 47 lays out the standards for setting up a dispensary, applying for a business license, and obtaining the product for distribution. As all medication in Kentucky, medicinal marijuana will not be taxed, but there will be fees levied on producers and dispensaries. Kentucky farmers will also benefit, as all medical marijuana sold in the commonwealth, must be grown in the commonwealth. This bill touches on nearly every aspect of incorporating medicinal marijuana into Kentucky’s health care system.
“SB 47 is the product of a lot of research, many discussions and carefully considering all sides of the issue,” Senate President Robert Stivers said. “The legislative process is at work. While I have expressed my concerns with the bill, I recognize the will of many Kentuckians to have this as a medicinal treatment option and the legislative process will play out as it was intended.”
With the Senate Licensing and Occupations Committee’s approval, SB 47 can now be considered by the full Senate. If enacted, the measure would take effect January 1, 2025, which provides time for the Kentucky Center for Cannabis to complete studies. The Center was established by 2022’s House Bill 604. The center’s purpose is to advance the study of the use of cannabis and cannabis derivatives for the treatment of certain medical conditions and diseases as indicated and recommended by the center's advisory board.
Click here to find the bill in full and to track its status. Visit legislature.ky.gov to access more legislation being considered during the 2023 Legislative Session.
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Senator Steve West, R-Paris, represents the 27th Senate District, including Bourbon, Fleming, Harrison, Mason, Nicholas, Robertson, and Rowan Counties and part of northern Fayette County. He serves as Senate Education Committee chair and Administrative Regulation Review Subcommittee chair. West is also a member of the Senate standing committees on Agriculture and a Budget Review Subcommittee on Education member.
Please visit https://legislature.ky.gov/Legislators%20Full%20Res%20Images/senate127.jpg for a high-resolution .jpeg of West.
