Kentucky Assembly approves plan to legalize medical cannabis

The Kentucky House of Representatives yesterday approved a bill to legalize medical marijuana in the state by 65 votes to 30, and now heads to the Senate.

The bill of law intends to give access to cannabis to patients suffering from specific pathologies and with a doctor's recommendation. A central regulatory body will be responsible for drawing up the rules of the program, in particular determining which pathologies can give rise to a recommendation for cannabis, at a minimum chronic pain, epilepsy, multiple sclerosis and nausea or vomiting, according to one of the amendments to the bill.

The latter cannot be smoked. Regulatory authorities will also have to decide whether or not to authorize edibles, edible forms of cannabis. At least 25 dispensaries should be authorized.

Republican Congressman Jason Nemes, the legislation's sponsor, said in his opening remarks that he was proud to have drafted the «toughest medical cannabis bill in the country». However, he expressed disappointment at the smoking ban, as «I think sometimes it's appropriate because smoking is the quickest way» and can be beneficial for certain conditions.

The bill would also impose a 12% tax on cannabis sales from a grower or processor to a dispensary. Revenues would be split between a general state medical cannabis trust fund (80%) and a local fund to be distributed to jurisdictions where cannabis businesses are licensed to operate.

Several proposed amendments aimed at further restricting the program were rejected, including one that would have prohibited doctors from recommending cannabis to people taking certain prescription drugs, and another that would have increased penalties for those who illegally sell cannabis purchased in a dispensary.

«Patients across Kentucky are breathing a collective sigh of relief after this vote in the House, but they know that HB 136 will face significant challenges in the Senate,» a declared Matt Simon of Marijuana Policy Project. «Now that 33 states have passed medical cannabis laws, it seems insane that Kentuckians would incur criminal penalties if they used cannabis to treat a serious illness.»