Medical marijuana: KY Senate bill moves out of limbo, gets committee assignment

A Republican-sponsored medical marijuana bill took a small but significant step in the Kentucky Senate on Wednesday, a sign there could be hope for legalization this short legislative session.

Senate Bill 47, the cannabis bill sponsored by Sen. Steve West, R-Paris, was assigned to the Licensing & Occupations Committee. West filed his bill the third day of the session, but it didn’t get any movement until Day 18, leaving observers to wonder if this was another year where Kentucky would remain in the minority of states without medical marijuana.

The committee meets next on Tuesday, March 7 at 10 a.m. The agenda for the meeting is not yet public.

In two of the past three legislative sessions – 2022 and 2020 – a bill legalizing medical marijuana has easily passed the House of Representatives with bipartisan support only for the measure to die in the Senate without so much as a vote.

That’s why this year, Rep. Jason Nemes, R-Louisville, has said the ball is in the Senate’s court.

“My support of medical marijuana has come from a long process of listening to constituents, doing a lot of research, learning from professionals and then thinking through this complex issue. I’ve concluded that medical marijuana is inherently safe and effective in treating many disorders,” West said in a statement.

“In the end, I look at this issue through the lens of liberty. I believe in giving Kentuckians as many safe options for their personal health care choices as possible. I appreciate this bill’s committee assignment and look forward to working with my colleagues in moving SB 47 through the next step in the legislative process.”

As of Wednesday, 11 senators have signed on as co-sponsors of West’s bill, including five Democrats. With two Senate seats currently unoccupied, that makes the list of sponsors one-third of the chamber’s members.

Senate President Robert Stivers, R-Manchester, who has previously not backed medical marijuana, was not available for questions after the Senate adjourned and instead offered a written statement.

“I have no idea as to whether or not the measure will pass but the process is working,” it read in its entirety.

Senate Bill 47’s committee assignment comes the day after Commissioner of Agriculture and Republican gubernatorial candidate Ryan Quarles called a press conference to pledge his support for medical marijuana legalization.

Going into this session, advocates saw glimmers of hope this could be the year Kentucky finally legalizes medical marijuana.

Senate Majority Floor Leader Damon Thayer, R-Georgetown, has previously said he “won’t stand in the way” of or “make an overt attempt to kill the bill” for medical marijuana if the caucus has the votes despite his personal opposition. And Senate Judiciary Chair, Whitney Westerfield, R-Crofton, made waves when he publicly backed Nemes’ bill in 2022.

Speaking after Senate adjournment Wednesday, Thayer said the bill’s committee assignment is a “sign of potential progress.”

“There are individuals working on a narrowly tailored version, so there will be a committee substitute,” he said. “It might look more like the bill Rep. Nemes has had in the House in recent years.”

As Thayer understands this substitute, it will be limited to noncombustible products prescribed by a doctor for a limited number of conditions.

Thayer said he, personally, has become more open-minded about medical marijuana after hearing from constituents who were “kind and respectful in their advocacy as opposed to angry and threatening.”

“Just goes to show you maybe an old dog can be taught new tricks,” he said.

Last November, Democratic Gov. Andy Beshear issued an executive order effective Jan. 1, allowing qualifying Kentuckians to possess medical marijuana if it’s purchased legally elsewhere. In doing so, he said it was action taken following the legislature’s “failure to act.”

Republicans have called Beshear’s move political posturing done with his re-election in mind; Beshear, in turn, has called on the legislature to pass medical marijuana so his order can be rescinded.