Beech Tree News Network

Only one chance to get it right: preparing to launch medical marijuana in Kentucky

Last session, Kentucky joined the majority of other states across the nation in legalizing the use of cannabis for medicinal purposes. Lawmakers approved SB 47, which established the framework for the state’s medical marijuana program. As the guidelines are being implemented, the state has an opportunity to identify areas that need to be addressed or improved. This session, we passed HB 829, a measure that adds additional provision aimed at ensuring we get the program’s launch right.

Allowing local governments to opt-out: The measure allows local governments to opt-out of the state program, as long as they do so before the state grants a license to a cannabis business seeking to operate within the boundaries of that local government.

Providing schools the authority to opt-out: Both public and private school districts will have the opportunity to decide if they will participate in the state medical cannabis program. If a district chooses to participate, they must have a policy in place for administration, whether by a school nurse, or other appropriate staff member.

Protecting children: Because the use of cannabis in the commonwealth will be legal only for medicinal purposes, it is imperative that we treat it as such. HB 829 adds a provision to prohibit the administration of medical marijuana to a student in front of other students. Any and all use by a child at school will be administered by a school nurse or administrator out of the view of other students.

Ensuring a relationship with providers: HB 829 redefines what it means to have a “bona fide practitioner-patient relationship.” This includes mandates for doctors to complete a review of the patient’s last 12 months of medical records, as well as other pertinent medical information, in addition to performing due diligence in informing the patient of any risks or side effects that medical cannabis may induce.

Protecting patients from harmful drug interaction: Like traditional medications, medical marijuana can have side effects, including harmful drug interactions. HB 829 includes a measure that would prohibit a medical provider from issuing a written certification for the use of medicinal cannabis to a patient who is taking a prescription drug that contraindicates the use of marijuana.

Maintaining timely care: To ensure the care and medication is provided to the patient in a timely manner, HB 829 also mandates that medical marijuana card holders be issued written certification (if approved) with 60 days of application.

 Ensuring data collection and reporting: HB 829 requires a medicinal cannabis practitioner to notify the Cabinet for Health and Family Services if he or she has knowledge that a patient has died, ceased to suffer from a qualifying medical condition, or is no longer likely to receive safe and effective therapeutic or palliative benefits from the use of medicinal cannabis. In addition to this provision, the bill also requires the Cabinet for Health and Family Services to establish a medicinal cannabis adverse drug effects reporting system and to produce a pamphlet about the information gathered to be given to patients as well as lawmakers and stakeholders.

Prioritizing Kentucky producers: The update ensures that Kentucky hemp businesses that already hold a license with the Department of Agriculture receive priority in licensing.

As always, I can be reached anytime through the toll-free message line in Frankfort at 1-800-372-7181. You can also contact me via e-mail at [email protected] and for more information on HB 829 or SB 47 (23 RS) please visit the Kentucky legislature’s website at legislature.ky.gov.