FRANKFORT, Ky. (WDRB) -- The Kentucky legislature passed a bill Thursday legalizing the use of medical marijuana, becoming the 38th state in the country to allow the use of medical or recreational cannabis.
The measure — Senate Bill 47 — allows medical cannabis to be prescribed for a list of conditions, including cancer, multiple sclerosis, chronic pain, epilepsy, chronic nausea and post-traumatic stress disorder. A person would have to be approved for a card allowing its use. A patient under 18 couldn’t possess or acquire medical cannabis without assistance from a designated caregiver.
Two weeks after passing the Senate by a 26-11 vote, SB 47 passed out of committee with only two "No" votes before clearing its final hurdle with a 66-33 vote on the House floor Thursday just after 6 p.m. It now heads to Gov. Andy Beshear, who said he was “thankful this progress has been made” and said he would sign the bill Friday.
Today the General Assembly finally took action and passed a bill to legalize medical cannabis – something the majority of Kentuckians support. I am thankful this progress has been made, and I will proudly sign this bill into law tomorrow. 2/2
— Governor Andy Beshear (@GovAndyBeshear) March 30, 2023
Senate Majority Floor Leader Damon Thayer voted for the bill after years of opposing marijuana-related legislation. Thayer approved of the bill's narrow focus and said his support was for "those who suffer."
"We've been fighting for this for 10 years," said Eric Crawford, a fixture in the campaign to legalize medical cannabis who has said he uses it as an alternative to opioids to deal with pain and muscle spasms.
"You're talking about somebody that's gonna be awfully grateful to a lot of people," Crawford said. "I don't know how to repay the favors, but there's a lot of us that are gonna be a lot better off."
At the same time, those against the legislation have been arguing that it's a gateway drug that will hurt Kentuckians.
Michael Johnson, representing The Family Foundation, told the House committee on Thursday that he's “truly sympathetic” for people suffering from chronic pain and other debilitating illnesses. But he claimed there's “insufficient scientific evidence that marijuana is safe and effective as a medication.”
Johnson warned that the bill would allow people access to “raw plant material,” which he said is “extremely likely to be smoked, regardless of what the packaging says.”
While the bill was being debated Thursday, lawmakers had questions about why medical cannabis will be dispensed in it's raw form if smoking it is not allowed.
"I'm still a little confused why we're allowing raw material because you know it is going to be smoked," Rep. Kimberly Poore Moser, R-64, said.
Medical cannabis would be dispensed as a topical medicine, edible version or vaporized cannabis. Vaporized cannabis would only be allowed for those over 21.
A leading supporter of the bill responded to opponents' claims that the bill is weak on enforcement.
“You will lose your card if you get caught smoking it, and you will go to jail, as you ought to," said Republican Rep. Jason Nemes. “This is not a wink, wink, nod, nod medical program. This is a medical program.”
Proponents of the bill said they were open to revisions in next year's legislative session. That includes making it clear that school districts would be allowed to prohibit its employees, including school nurses, from administering medical marijuana products to students, they said.
“This is a truly historic day here in the commonwealth and one that many people deserve — especially the constituents who’ve approached me over the years to share their stories,” Republican Sen. Stephen West, the Kentucky bill's lead sponsor, said in a triumphant statement after the House vote.
The bill wouldn’t take effect until the start of 2025 in order to allow state health officials time to craft regulations to oversee the program.
The governor took executive action last year to relax the state's prohibition on medical cannabis, but he has said it’s no substitute for outright legalization, which required legislative approval. Beshear's action allows Kentuckians suffering from a number of severe health conditions to legally possess small amounts of medical marijuana properly purchased in another state.
Copyright 2023 WDRB Media. All Rights Reserved. The Associated Press also contributed to this report.