LOUISVILLE, Ky. (WDRB) -- Kentucky Gov. Andy Beshear signed an executive order Tuesday afternoon to legalize medical marijuana beginning Jan. 1, 2023, but there are already threats to challenge the order.

There will be three pieces of criteria that must be met to qualify for medicinal use, Beshear said:

  • Cannabis must be bought in the United States of America in a state where the purchase is legal and regulated. Kentuckians will need to keep their receipt.
  • The amount a person can purchase and possess at any one time must not exceed eight ounces, which is the difference between a misdemeanor and a felony in Kentucky.
  • Each Kentuckian must also have a certification from a licensed health care provider that shows that the individual has been diagnosed with at least one of 21 medical conditions. A copy of the certification must be retained.

"You can purchase cannabis to treat a medical condition in Illinois, and you can use that cannabis in West Virginia, but while you're traveling through Kentucky, you're a criminal," Beshear said during a news conference in Frankfort.

KY MEDICAL MARIJUANA EXECUTIVE ORDER

Gov. Andy Beshear speaks at a press conference on Nov. 15, 2022.

For Hardin County mother and co-founder of Kentucky Moms for Medical Cannabis, Julie Cantwell, it's a step in the right direction.

Cantwell's son has epilepsy. Cantwell said at one point, he experienced up to 200 seizures a day.

She has spent years searching for ways to manage and limit his seizures.

"We tried a neurologist in four states and we tried to pills, all different sorts of pills for many years, and nothing helped him," Cantwell said. 

In 2015, Cantwell said she saw a special about a women in Colorado who managed her seizures with CBD. Cantwell said immediately her husband and herself drove to Colorado for CBD.

"Within six weeks of him trying it, he stopped having seizures," she said.

By 2019, Cantwell said CBD was not as effective, and they began to use medical cannabis.

"Almost immediately, very soon after, he stopped having seizures," Cantwell said. "As of last month, he's been three years seizure-free using medical cannabis."

Cantwell described having to drive out of state to access legal, medical cannabis.

"We have to risk you know, being criminals to do just that," said Cantwell. "I appreciate what Governor Beshear is trying to do, but at the same time, I feel like that we still have work to do, we still have to get a law passed, we still have to make it legal for patients here at home because a lot of people can't just leave the state and come back."

While Cantwell hopes to expand its use, it is under question by Attorney General Daniel Cameron.

"Time and time again, the governor has attempted to bypass the policy-making authority of the General Assembly. Today’s executive orders regarding medical marijuana and Delta 8 are another example of his attitude toward governing," Cameron said on Twitter Tuesday. "As always, he seems to relish ruling by decree instead of by the law. Kentucky’s General Assembly is the sole and final policy-making body of this state and they must be allowed to have their say. We are reviewing these executive orders to determine next steps."

"Governor Beshear waited long enough that his team must have worked on the legal arguments for why they think he single handily has the authority to take that action," said Stephen Voss, associate professor of political science at University of Kentucky.

Voss said based on history of executive branches setting policies, the order could likely end up in court to decide if Beshear has the authority.

"If the legislative branch chooses to challenge Governor Beshear, legally, they will have an advantage, based on how these sorts of things usually play out around the country," Voss said. "We know that legislation related to what he did was in the in the assembly, and they chose not to move it forward, so there was sort of a an affirmative statement from the legislative branch that they were not ready to go where he went."

"We don't really find out whether it's okay, until a judge makes a ruling," Voss said.

Kentucky State Rep. Jason Nemes has sponsored a bill to legalize medical marijuana in the past. Nemes is critical of the executive order, calling it an “unprecedented power grab” that “cannot stand.”

Nemes says he invites the governor to work with lawmakers to develop a legal medical marijuana program. 

Beshear said he'd rescind the executive order if meaningful legislation is passed in the House and Senate. In the meantime, though, he said medical marijuana is an alternative to combat drug overdose, something that has plagued the state for decades with deadly consequences. 

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