Tag Archives: legalizes

Kentucky Legalizes Medical Cannabis

By Cannabis Industry Journal Staff
No Comments

Following years of attempts by legislators and activists to get legal medical cannabis moving in Kentucky, the state just legalized medical cannabis last week, making it the 38th state in the country to legalize medical cannabis. In front of a crowd of stakeholders, advocates, patients and legislators, Governor Andy Beshear signed SB 47 into law along with a sports betting bill as the crowd erupted in applause.

Crowds cheer as Gov. Beshear signs the bill into law

“I have been pushing for medical cannabis and sports betting for years,” Gov Beshear wrote in a tweet. “Today, I signed these two bills into law. Team Kentucky delivers and we get results. Congrats, Kentucky.” The Cabinet for Health and Family Services is tasked with developing the regulations for medical cannabis, which are due by July 1, 2024. The law doesn’t go into effect until 2025 though. That agency will be in charge of implementing the medical cannabis program, operation, oversight and regulation for growing, retail and production.

Each state legalizes cannabis in its own weird way and Kentucky is no different. The bill does not allow cannabis smoking, but does allow for raw cannabis flower to be sold and vaporization. Qualifying conditions include PTSD, epilepsy, cancer, nausea, MS and pain management, but the bill allows for more conditions to be approved for medical cannabis prescriptions later on. This sort of foot-in-the-door approach has been used by plenty of other states and often carves a path for a broader, more sensible medical cannabis framework following legalization.

Rep. Jason Nemes, R-Louisville is a major proponent of medical legalization in Kentucky and has sponsored bills in the past. While he stressed the importance of the weird no-smoking provision, he also praised the legislature for finally getting this done. “There are thousands and thousands of Kentuckians who just want to be and want to feel better, and this will help them with that,” says Rep. Nemes.

New York Legalizes Adult Use Cannabis

1 Comment

On March 31, 2021, New York Governor Andrew Cuomo signed The Marijuana Revenue and Taxation Act (MRTA) into law, legalizing adult use, home cultivation and possession of cannabis for adults over 21 immediately. Upon signing the bill this morning, previous cannabis-related convictions are automatically expunged, according to the Governor.

The bill establishes the Office of Cannabis Management, which will launch and manage the regulatory system for the commercial cannabis market in New York.

According to Steve Schain, senior attorney at Hoban Law Group, the Office of Cannabis Management will have a five-member board that will oversee not just the adult use cannabis market, but also medical cannabis as well as the state’s hemp market. For the medical market, the new legislation provides for more patient caregivers, home cultivation and an expanded list of qualifying conditions.

New York Governor Andrew Cuomo
Image: Chris Rank, Flickr

Troy Smit, deputy director of the New York NORML chapter, says the bill might not be perfect, but it’s a massive win for the cannabis community. “It’s taken a great amount of work and perseverance by activists, patients, and consumers, to go from being the cannabis arrest capital of the world, to lead the world with a legalized market dedicated to equity, diversity, and inclusion,” says Smith. “This might not be the perfect piece of legislation, but today, cannabis consumers can hold their heads high and smell the flowers.”

The MRTA sets up a two-tier licensing structure that separates growing and processing licenses from dispensary licenses. The bill includes a social equity aspect that requires 50% of the licenses to be awarded to, “minority or women-owned business enterprise, service-disabled veterans or distressed farmers,” says Schain.

New York City
Image: Rodrigo Paredes, Flickr

Melissa Moore, New York State director of the Drug Policy Alliance, says she’s proud of the social equity plan the bill puts in place. “Let’s be clear — the Marijuana Regulation and Taxation Act is an outright victory for the communities hit hardest by the failed war on drugs,” says Moore. “By placing community reinvestment, social equity, and justice front and center, this law is the new gold standard for reform efforts nationwide. Today we celebrate, tomorrow we work hard to make sure this law is implemented fairly and justly for all New Yorkers.”

Schain says the new tax structure in the bill shifts to the retail level, with a 9% excise tax and 4%-of-the-retail-price local excise tax (split 25%/75% between the respective counties and municipalities). Revenue from cannabis taxes will enter a fund where 40% will go to education, 40% to community grants reinvestment fund and 20% to drug treatment and public education fund.

It appears that businesses already established in New York’s medical market get a head start on the new adult use market, while other businesses enter the license application process, according to Schain. “Although the existing Medical Marijuana licensees should be able to immediately to sell Adult-Use Cannabis, it will take up to two years for the New York’s Adult Use Program to launch and open sales to the public,” says Schain.