Beshear 'weighing executive action' on medical marijuana, while a Kentucky lawmaker says he can't legalize it

LOUISVILLE, Ky. (WDRB) -- Kentucky Gov. Andy Beshear created a medical marijuana advisory committee and said he's weighing executive action on legalizing medical marijuana.

The idea to create an advisory committee was first announced in April, and Monday, Beshear announced the list of members.

Legislation legalizing medical marijuana has passed the Kentucky House twice but stalled each time in the Senate. Rep. Jason Nemes, R-Louisville, who's been a driving force for legalizing medical marijuana, said Beshear doesn't have the power to sign an executive order legalizing it.

"The issue in Kentucky is medical marijuana is defined under Kentucky criminal law as being marijuana, which is illegal," Nemes said. "The governor cannot do anything about that."

While he is complimentary of the committee as a whole, Nemes said it's untrue for Beshear to tout he can make changes without the legislators.

In a new conference in April, Beshear addressed this claim and said his legal team is looking at all options.

"Certainly, there is the criminal piece of it," he said. "But there are a number of potential options there, from looking at the state of our opioid epidemic to other significant issues that we face. Also, looking at some of our laws on the medical side itself. We're not there yet, but my goal is to look at the full menu of options that can be out there."

Nemes is hopeful the committee will help sway some senators into voting yes for medical marijuana.

"What this committee needs to do is they need to focus on getting evidence, getting stories, getting proof together and data together, and submitting that to the Senate to try to get the Senate to change its mind and to pass the bill as the House has done a couple of times," Nemes said.

"Polling suggests 90% of Kentucky adults support legalizing medical cannabis, while at the same time, far too many in our state who could benefit from it are suffering," Beshear said. "It is simply time that something more is done. I want to make sure every voice is heard as I am weighing executive action that could provide access to medical cannabis in the commonwealth."

The committee has 17 members with people from the medical field, judicial system and other stakeholders. The two co-chairs are Kerry Harvey, secretary of the Justice and Public Safety Cabinet, and Ray Perry, secretary of the Public Protection Cabinet

"When you have an issue that has that sort of support across the country and across the political spectrum, the only responsible thing to do is to explore every alternative and learn as much as you can," Harvey said.

Other members are:

Dr. Amber Cann of La Grange, pharmacy coach and adjunct professor at Spalding University;
Julie Cantwell of Rineyville, advocate with Kentuckians for Medical Marijuana;
Jennifer Cave of Louisville, member, Stites and Harbison;
Eric Crawford of Maysville, advocate;
Cookie Crews of Frankfort, commissioner of the Department of Corrections;
Dr. John Farmer of Louisville, OB/GYN, medical director of Solid Ground Counseling and Recovery, addiction treatment provider in Louisville, Morehead and Hazard;
Dr. Jonathan Hatton of Whitesburg, family medicine, Mountain Comprehensive Health;
Brian Jointer of Jeffersonville, Indiana, certified public health worker in Louisville;
Dr. Nick Kouns of Lexington, internal medicine, Clark Regional Medical Center;
Alex Kreit of Cincinnati, Ohio, director of the Chase Center on Addiction Law and Policy at Northern Kentucky University;
Dr. Linda McClain of Louisville, OB/GYN, Commonwealth Counseling Center;
Andrew Sparks of Lexington, former assistant U.S. Attorney;
Dee Dee Taylor of Louisville, chief executive officer, 502 Hemp Wellness Center;
Julie Wallace of Morganfield, Union County Attorney; and
Kristin Wilcox of Beaver Dam, co-founder of Kentucky Moms for Medical Cannabis.

Those who oppose legalizing medical marijuana, like State Sen. Ralph Alvarado, R-Winchester, typically say there's not enough research showing it helps. Others against it say it could be opening the door to eventually legalizing recreational marijuana.

Regardless of what side you take, Beshear's advisory committee wants to hear from you and is hosting town halls across the state. The schedule hasn't been announced yet, but the first one is expected this summer. More details will be announced on the committee's website.