| Should Kentucky be added to the list of states where medical cannabis is legal in the U.S.? That was a topic of debate last week among us editors at Cannabis Business Times following Gov. Andy Beshear signing an executive order to allow Kentuckians to possess up to 8 ounces of cannabis for medical use. The caveat? Qualifying patients must legally purchase their cannabis out of state with proof of a receipt. As of right now, Kentucky is one of 11 states on our U.S. cannabis legalization map without an adult-use or medical designation. Of course, the map is somewhat subjective. At CBT, we’ve designated medical status to Georgia, where registered patients have been able to legally possess cannabis oil containing a maximum of 5% THC since 2015, despite a retail program still in the works of launching. We’ve also given medical status to Iowa, which limits its patients to 4.5 grams of THC per 90 days—that’s 50 milligrams of THC daily. We weren’t so generous with regard to Texas, where medical cannabis has a 1% THC cap, which tracks closely with hemp’s 0.3% THC cap outlined in the 2018 Farm Bill. But Kentucky’s case is a bit unprecedented with regard to a governor exercising his authority in the absence of a legislative process for legalization. In a nutshell, Beshear’s executive order toes the line of a preemptive pardon granted to individuals before a formal legal process has begun. In Kentucky, possessing up to 8 ounces is currently a misdemeanor punishable by 45 days of incarceration and a maximum $250 fine. Beginning Jan. 1, 2023, barring any unforeseen legal challenges, Beshear will use his constitutional pardon powers to allow Kentuckians to possess misdemeanor amounts as long as they buy it outside of Kentucky but inside the U.S., provide proof of where they purchased it, and receive written certification from a health care provider for one of 21 qualifying conditions. But there are no intentions of allowing home grows or a commercial program within the state. In addition, while federal authorities have turned a blind eye to state-legal cannabis operations, interstate commerce (drug trafficking) remains in their jurisdiction. Should we consider that sufficient to be deemed medical cannabis legalization in Kentucky? Let us know! -Tony Lange, Associate Editor | 