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Kentucky May Legalize a Medical Marijuana Program

by Faith Fidura March 28, 2019

House Bill 136, a bill to legalize a medical marijuana program in Kentucky, was recently introduced in the State Legislature. If passed, the bill would allow doctors to recommend marijuana to Kentuckians who have “debilitating illnesses and excruciating pain” – unlike most states, it wouldn’t create a list a of conditions that would make patients eligible. Doctors would be able to make a recommendations based on their professional judgement. The Department of Alcoholic Beverage and Cannabis Control (Department) would regulate the program. 

Under the new law, a registered qualifying patient would be able to possess:

  • An amount of medicinal marijuana determined by the Department to constitute an uninterrupted thirty (30) day supply at his/her residence;
  • An amount of medicinal marijuana determined by the Department to constitute an uninterrupted ten (10) day supply on his/her person, except that an amount greater than a ten (10) day supply, including up to a thirty (30) day supply, may be transported by a qualified patient from a dispensary to his/her residence if the medicinal marijuana is contained in a sealed package that requires at least a two (2) step process for initial opening; and
  • Six (6) mature marijuana plants and six (6) seedlings, if the qualified patient is authorized by the Department to possess and cultivate mature marijuana plants and seedlings for personal use

The bill will need to face several committees and gain approval from both legislative chambers before going before the Governor’s desk for final approval. 

Kentucky Medical Marijuana Business Opportunities

If passed, the bill will establish a state-regulated dispensing system of licensed medical marijuana businesses. A Division of Medical Marijuana within the Department of Alcoholic Beverage and Cannabis Control would be tasked with licensing the following marijuana businesses through an application process: 

Dispensary - a licensed entity that acquires, possesses, manufactures, delivers, transfers, transports, sells, supplies, or dispenses medicinal marijuana or usable marijuana to cardholders 

Cultivator - a licensed entity that grows, processes, and delivers medicinal marijuana to another cultivator, dispensary, processor, or safety compliance facility

Processor - a licensed entity that acquires marijuana from a cultivator in order to prepare, trim, manipulate, blend, or otherwise modify raw marijuana material, and package medicinal marijuana products for sale to a licensed dispensary 

Safety compliance facility - a licensed entity that provides at least one (1) of the following services:

  • Testing medicinal marijuana and products that contain medicinal marijuana produced in Kentucky, including testing for potency and contaminants; or
  • Training cardholders and cannabis business agents

No later than two (2) years after the effective date of the law, if a sufficient number of medical marijuana business license applications has been submitted to the Department, the Department shall issue a business license to at least one (1) medical marijuana business in each  business category within each geographical area.

Begin Preparing for Kentucky Medical Marijuana Business License Applications

cdn.shopify.comsfiles112322700productsstarterpackagebranded_1024x1024If you want to open a medical marijuana business in Kentucky, it’s best to start preparing now to get ahead of the game. Begin educating yourself on all that will be involved in an application process to obtain a marijuana business license with our Kentucky Marijuana Business Starter Package. The package includes:

  • An Informational Overview of Kentucky’s marijuana laws
  • An Application Guide & Checklist for a detailed summary and checklist of over 100 action items you'll need to complete before submitting your application
  • Business Plan Template to help you draft an executive summary for your business
  • Financial Plan Template to give you and your investors a comprehensive 3-year projection of what to expect when operating a medical marijuana business

 Get the Starter Package