The medical cannabis bill, HB 136, moved forward in the House Judiciary Committee. With a final vote of 15-1 in favor, the medical cannabis bill moves to the full House for discussion. 

Under HB 136, only a limited number of qualifying conditions would receive approval for medical cannabis. Qualifying conditions haven’t been finalized yet, but at the bare minimum they will include: cancer, epilepsy and seizure disorders, MS, nausea and vomiting, and chronic, severe, intractable, or debilitating pain. Cannabis regulators could add more conditions later on as they see fit. Home growth and smoking cannabis would be prohibited under HB 136. However patients can consume whole plant products through vaporizing.

This is the third time HB 136’s sponsor, Representative Jason Nemes, R, has introduced a medical cannabis bill into the Kentucky House. First was in 2020, where medical cannabis passed the House. Unfortunately it stalled in the Senate as the pandemic was beginning to spread across the country. Again, in 2021, Representative Nemes introduced a medical cannabis bill, but it did not advance out of its House committee. Now, it appears medical cannabis has a chance of moving forward this year as HB 136.

Support for HB 136

Since the bill’s introduction to the House at the beginning of January, Representative Nemes has been discussing the bill with other lawmakers who have previously opposed reform. One such lawmaker is the Senate Judiciary Chairman Whitney Westerfield, R. He still has personal reservations surrounding medical cannabis reform, however he says he will support HB 136 should it make it to the Senate. 

“I Will Support Representative Nemes’ HB 136,” the Senator expressed on social media. “I continue to have concerns about the risk of increased access to marijuana…However, I’ve heard too many stories, in my district and out, from those long suffering and their loved ones left behind, that marijuana brought comfort and relief when nothing else worked. I imagine what sons have done to obtain marijuana for their dying mothers, or what parents have done for a child struggling with a severe seizure disorder. I believe HB 136 creates a place for the market to function, as it has now in 37 other states, while making access safely regulated for those in need.”

Next Steps

With the continued support for HB 136, medical cannabis continues to become more of a reality for Kentucky citizens. There are still several concerns lawmakers have, such as additional qualifying medical conditions, applied tax, and licenses. Even with these concerns the Kentucky medical cannabis bill continues to move forward. 

The next step for HB 136 is a full House vote. Should it pass there, it will move to the Senate, where it will go through a committee vote, then a full chamber vote. If HB 136 makes it through the Senate, then it moves to the governor’s desk. Governor Andy Beshear, D, has expressed support for medical cannabis previously and has said he would be happy to sign a bill into law to help Kentuckians. No official vote date is set for the House at this time. As more information becomes available, we will update you with the latest.

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