The 2022 regular legislative session is coming to an end in Kentucky. Though the official end date is April 15, 2022, legislative days end on March 30. The days inbetween are scheduled as a veto period for Governor Any Beshear, D, and lawmakers. This leaves HB 136, the Kentucky medical cannabis program bill, up in the air.

HB 136, sponsored by Representative Jason Nemes, R, passed the House in the middle of March. The final vote sat at 59-34. Then it went to the Senate for their discussion and vote. However, HB 136 has stalled. It hasn’t received a committee hearing.

Previous Attempts at Medical Cannabis

This isn’t the first time Representative Nemes has introduced a medical cannabis bill into the Kentucky House. In 2020, another medical cannabis bill also passed the House sponsored by Representative Nemes. The bill would receive debate in the Senate Judiciary Committee shortly after moving to the Senate. 

However, the Covid-19 pandemic began. Lawmakers dropped all non-essential bills to put health and safety first. Unfortunately for medical cannabis patients, and those waiting for its legalization, lawmakers saw medical cannabis legalization as non-essential. Representative Nemes did not submit a medical cannabis bill in 2021. 

Current Senate Debate

One of the reasons HB 136 hasn’t moved to a Senate committee hearing is because there isn’t enough support for it. For HB 136 to move forward, it needs to gain support from a majority of the 30 GOP Senators. Even though there is support, there may not be enough. 

Senator Whitney Westerfield, R, is the newest sponsor for HB 136 and one who can bring the bill into a committee hearing. “It’s still possible I can get it and move it,” Senator Westerfield said, “but again, that’s assuming I even get it.” 

Another concern for HB 136 is because the Senate Judiciary Committee, which had the last medical cannabis bill, has already held its last committee meeting of the legislative session. The Chair of the committee can call for an emergency meeting specifically to discuss HB 136, but the likelihood is slim according to Kentucky Senators. 

Finally, HB 136 will likely not receive a vote this session because both the Senate President Robert Stivers, R, and the Senate Majority Floor Leader Damon Thayer, R, oppose medical cannabis legalization. 

“I’m not a medical marijuana proponent, but I’ve said for the last year or so that I wouldn’t stand in the way if we had the votes, but it’s also appearing that we’re not going to have the votes for it,” Senator Thayer said after the House passed HB 136.

Next Steps

Representative Nemes has remained positive despite the pushback from the Senate. “We’re working as hard as we can to get more and more people, but whatever that official count is what they’re gonna go by,” Representative Nemes said. “We’re gonna keep working until the very end.”

“I’d like for it to be called this week, but I’m not going to be discouraged by that. We have until April 14 to get it passed,” he added. There are two days after the scheduled veto session, April 13 and 14, where any bill discussion can be finalized if needed. It seems Representative Nemes is hopeful for HB 136 to receive a fair fight. As more information becomes available, we will update you with the latest.

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