Holy smokes, Joe Biden pardoned all those convicted of federal marijuana violations and started the process of rescheduling cannabis? Maybe now I can get medical cannabis—or even adult-use cannabis—in my home state!
Kentucky is one of just 13 states that still criminalizes all marijuana use and possession. Simple possession is a misdemeanor with a potential 45-day sentence. Usually, offenders get a citation similar to a traffic ticket, with first-time charges often dropped after a donation to a drug-related charity.
Kentucky’s Legislative Roadblocks
In 2019, Democrat Steve Beshear was elected governor, promising to provide Kentuckians with access to medical cannabis. In 2022, the Kentucky House passed HB 136 with bipartisan support, but the Senate blocked it. Senate leaders Robert Stivers and Damon Thayer remain firmly opposed to medical cannabis.
In response, Governor Beshear formed the Team Kentucky Medical Cannabis Advisory Committee to gather public input. The committee’s report showed 90% of Kentuckians support medical cannabis. Despite this, the report stopped short of offering concrete steps for legalization.
Presidential Pardons and Federal Momentum
Just days after the committee’s report, President Biden issued pardons for federal marijuana convictions. He also directed the Attorney General and Health Secretary to explore rescheduling cannabis from its current “Schedule I” status.
The Road Ahead for Kentucky
Despite public support, Kentucky’s state constitution limits the governor’s power to change cannabis laws through executive orders. Senate President Stivers argued that legalizing medical marijuana through executive action would violate the separation of powers.
For now, the future of medical cannabis in Kentucky hinges on state legislative change. Without voter ballot initiatives, the only path forward is through Kentucky’s General Assembly, which remains blocked by Republican leadership.
Governor Beshear’s actions and Biden’s federal reforms offer hope, but until the Kentucky Senate changes its stance, cannabis advocates in the state must continue their fight.
