Frequently Asked Questions

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Medical cannabis is legal to use beginning on January 1, 2025.

The Cabinet of Health and Family Services will oversee the implementation, operation, oversight, and regulation of the medical program. By July 1, 2024, comprehensive regulations surrounding medical cannabis in Kentucky will be made available.

A nine-member Board of Physicians and Advisors is created consisting of seven physicians and two advanced nurse practitioners with prescriptive authority. It will make recommendations, including regarding how much cannabis constitutes a 10-day and 30-day supply, adding or removing qualifying conditions, and performance standards for medical cannabis businesses.

The State Board of Medical Licensure and the State Board of Nursing oversees certifying practitioners.

Local governments may opt out of cannabis businesses, but citizens may petition to be opted back in by local ballot measure.

Local governments may also regulate the time, place, and manner of cannabis businesses as long as they don’t impose an undue burden on cannabis businesses.

To legally use and access medical cannabis, patients must have a qualifying condition, a written certification from a practitioner (doctor or an advanced nurse practitioner who can prescribe controlled substances), and a state identification card. They cannot have a disqualifying felony conviction.

Qualifying conditions include: any type or form of cancer; chronic severe, intractable, or debilitating pain; epilepsy or any other intractable seizure disorder; multiple sclerosis, muscle spasms, or spasticity; chronic nausea or cyclical vomiting; post-traumatic stress disorder; and any other medical condition or disease for which the Kentucky Center for Cannabis finds medical cannabis appropriate. 

Patients under 18 could not possess or purchase cannabis. Their parents or legal would need to pick up and administer their medical cannabis. This list is constantly evolving and may grow to include more qualifying conditions at any time.

Qualifying patients, medical practitioners, caregivers, and medical cannabis dispensaries and their staff are not subject to criminal or civil penalties, including discipline from professional and occupational licensing boards, for actions authorized by the bill. 

The protections do not prevent discipline if cannabis use interferes with one’s professional duties.

A patient may have a 30-day supply in their residence and a 10-day supply on their person. Default amounts will be determined by the Kentucky Center for Cannabis. However, practitioners may authorize a larger quantity if the "practitioner reasonably believes that the standard 30-day supply would be insufficient” for the patient.

A patient cannot be denied organ transplants and other medical procedures based on medical cannabis use.

SB-47 provides protections for child custody and child welfare determinations for the state-legal medical use of cannabis, as long as it does not endanger the child.

SB-47 also provides protections for students using medical cannabis.

Medical cannabis is treated as any other prescription drug regarding drug testing that is required by state or local law.

Visiting patients may possess and purchase up to a 10-day supply if they are allowed to use medical cannabis in their home jurisdiction and have a qualifying condition.

Patients may designate caregivers to pick up their cannabis for them. Caregivers must be at least 21 years old, unless they are the patient's parent or guardian. They may not assist more than three patients.

The only limitation on the methods of administration is that smoking is not allowed and cannabis for vaporization can only be sold to patients who are 21 or under. Raw cannabis is allowed.

Medical cannabis that is not at one’s home must be kept in the original container it was purchased in from a dispensary.

There is a 35% THC cap for raw cannabis, edibles cannot exceed 10 mg of THC per serving, and concentrates are capped at 70% THC.

Cannabis cannot be within a driver’s reach unless it requires at least a two-step process to open.

Employers may still retain drug-free workplaces.

Home cultivation is not allowed.

Patients need a new certification every 60 days. The initial visit must be in person. After the first visit, telemedicine is permitted.

Licensing and patient registration fees are to be determined.

Medical cannabis is subject to sales and excise taxes.