Politics
Kentucky Governor Expands Medical Marijuana For 15 New Qualifying Conditions, While Saying ‘It’s Time’ For Broader Decriminalization
The governor of Kentucky has signed an executive order to expand the list of health conditions that make patients eligible for medical marijuana—adding that he thinks “it’s time” for broader cannabis decriminalization.
At a press conference on Tuesday, Gov. Andy Beshear (D) announced that he was taking executive action to “clarify” that the current law permitting medical cannabis in the treatment of maladies such as chronic pain and nausea means patients whose specific conditions involve those symptoms can also access the alternative medicine.
After the legislature declined to take him up on a suggestion to expand the qualifying condition list this session, Beshear said he’s using his authority to make it so patients with 15 additional health disorders—including Parkinson’s disease, HIV/AIDS, sickle cell anemia, fibromyalgia, arthritis and glaucoma—can also be certified for medical marijuana access.
The Office of Medical Cannabis (OCM) is being tasked with updating the list to “clarify what’s already in that law,” he said.
“Too much is at risk to just stand by and let the law’s lack of clarity leave Kentuckians without relief,” the governor said. “So today I’m taking action by signing an executive order.”
“This is what the law is meant to do. And the emergency regulation will help people that already qualify, but don’t know that they do, sign up if they’re looking for an alternative,” he said. “It’s going to help people reclaim their lives through a safe, non-addictive treatment.”
The executive order is a follow up to a medical cannabis legalization law Beshear signed in 2023, with a program that launched at the beginning of last year. Since then, the state has licensed 32 medical cannabis businesses. There are about 500 medical professionals who can now recommend medical marijuana, and nearly 24,000 Kentuckians are currently participating in the program.
The governor said his new order would allow more than 400,000 additional people in the state to potentially qualify for medical cannabis access.
“Steps like the one we’ve taken today will help directly improve the lives of Kentuckians across our Commonwealth,” Beshear said. “It’s a work we should focus on daily, rather than the political games that seem to have become routine. I want Kentuckians to know we’re listening. We’re ready to show up and deliver results to make life just a little bit better.”
Asked whether he anticipates the state attorney general will push back on the use of executive authority to expand the medical marijuana law, Beshear shrugged off the suggestion, while insisting that the action simply provides clarity around the statute that’s already in effect. A person with sickle cell anemia is likely to experience pain, for example; and if pain currently counts as a qualifying condition, the governor reasoned that the overarching disorder is intrinsically covered.
He also cited the results of a recent study from researchers at the University of Kentucky that linked the availability of regulated medical marijuana dispensaries to lower rates of opioid overdoses.
The governor was additionally asked to weigh in on the Trump administration’s recent push to reschedule medical cannabis from state-authorized sources, which may be expanded depending on the outcome of an administrative hearing process. He said he supports the effort, just as he did under the prior Biden administration. But he maintains that the law should be further reformed.
“In the very least, [rescheduling] will allow a lot more research, and that is a good thing in any form of medicine,” he said. “I also think time for decriminalization. Nobody should be going to jail just because of marijuana—though I think we’re going to see a lot less of that when folks who are just looking for pain relief that suffer from one of these conditions can now legally secure it with the medical treatment that they need.”
Meanwhile, in addition to urging the legislature to go through the process of expanding the medical marijuana qualifying conditions list, Beshear in February also announced that cannabis gummies are available for purchase in the state’s licensed dispensaries.
The governor in January also said he’s “not satisfied” with the time it’s taken to launch the state’s medical marijuana program—but that he anticipates the pace of patient access would “pick up significantly” in 2026.
The state’s first medical cannabis dispensary opened in December of last year.
The governor, who has long championed cannabis reform, previewed the market launch that month, while making the case that medical marijuana will help thousands of patients find an alternative to opioids for pain management.
He made much of crossing a 15,000 patient registration milestone in late October, but that’s evidently grown meaningfully in recent months.
Beshear previously acknowledged that “it’s taken longer than we would have liked” to stand up the industry since he signed medical marijuana legalization into law in 2023.
In recognition of that delayed implementation, he signed an executive order to waive renewal fees for patients who get their cards so that they don’t get charged again before retailers open. And another order he signed providing protections for qualified patients who obtain medical marijuana outside of Kentucky “will stay in place.”
Beshear separately announced last year that the state had launched a new online directory that lets people see where medical cannabis dispensaries will be opening near them.
He emphasized that the state has been working to deliver access to patients “at the earliest possible date,” and that involved expediting the licensing process. Last year, the governor also ceremonially awarded the commonwealth’s first medical marijuana cards.
Meanwhile, the governor sent a letter to Kentucky’s congressional delegation last year, “urging them to take decisive action to protect the constitutional rights of our law abiding medical cannabis patients” by repealing the federal ban on gun possession by people who use marijuana.
That came after bipartisan Kentucky senators filed legislation that similarly called on the state’s federal representatives to take corrective action, which Beshear said he supports but would like to see even more sweeping change on the federal level.
The federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) warned Kentucky residents in 2024 that, if they choose to participate in the state’s medical marijuana program, they will be prohibited from buying or possessing firearms under federal law.
During the November 2024 election, Kentucky also saw more than 100 cities and counties approve local ordinances to allow medical cannabis businesses in their jurisdictions. The governor said the election results demonstrate that “the jury is no longer out” on the issue that is clearly supported by voters across partisan and geographical lines.
