Where is weed legal? How Kentucky compares to 37 states that allow medical marijuana

Aaron Mudd

After a bill that would legalize and regulate medical marijuana in Kentucky stalled in Senate, Gov. Andy Beshear announced Tuesday he’s taking executive actions on the issue.

The first executive order Beshear signed during a live-streamed news conference allows Kentuckians to possess small amounts of medical marijuana provided they meet certain requirements. The second, will regulate Delta 8, a milder and legal counterpart to the chemical in marijuana that gets people high.

At least 37 states and the District of Columbia have laws that allow marijuana for medicinal purposes, according to the National Organization for the Reform of Marijuana Laws.

In Kentucky – where polling touted by Beshear suggests 90% of adults support legalizing medical cannabis – it’s illegal for recreational use, though non-psychoactive CBD is legal in the state. Up until Tuesday’s executive order, all possession for medicinal uses was also illegal in the state.

As of Nov. 9 – the day after Election Day – more states are approving measures that allow cannabis outside of medical purposes.

Here’s how Kentucky compares to other states on marijuana issues.

Gov. Beshear issues order to allow medical marijuana possession in qualified cases

Which U.S. states allow medical marijuana?

According to the National Organization for the Reform of Marijuana Laws, an advocacy group, “Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications.”

These include pain relief, nausea, spasticity, glaucoma and movement disorders.

Here are the states and U.S. territories with laws on medical marijuana:

  • Alaska

  • Alabama

  • Arizona

  • Arkansas

  • California

  • Northern Mariana Islands (CNMI)

  • Colorado

  • Connecticut

  • Delaware

  • District of Columbia

  • Florida

  • Guam

  • Hawaii

  • Illinois

  • Louisiana

  • Maine

  • Maryland

  • Massachusetts

  • Michigan

  • Minnesota

  • Mississippi

  • Missouri

  • Montana

  • Nevada

  • New Hampshire

  • New Jersey

  • New Mexico

  • New York

  • North Dakota

  • Ohio

  • Oklahoma

  • Oregon

  • Pennsylvania

  • Puerto Rico

  • Rhode Island

  • South Dakota

  • Utah

  • Vermont

  • Virginia

  • Virgin Islands

  • Washington

  • West Virginia

Where does Kentucky stand on medical marijuana?

After the latest statewide bill stalled, Gov. Andy Beshear convened and advisory group to study the issue. The group has been holding town halls and surveying Kentuckians to gather their feedback.

Kentucky is one of a dozen states that permit only limited access to products with low THC, the chemical in marijuana that gets you high. The other states and territories are:

  • Georgia

  • Indiana

  • Iowa

  • Kansas

  • Kentucky

  • Mississippi

  • North Carolina

  • South Carolina

  • Tennessee

  • Texas

  • Wisconsin

  • Wyoming

Which U.S. states allow non-medical use of marijuana?

According to the National Conference of State Legislatures, the list of states allowing non-medical, adult use of marijuana has grown to 21.

According to the NCSL:

  • Voters in Arizona, Montana, New Jersey and South Dakota approved measures to regulate cannabis for non-medical adult use.

  • On Feb. 8, 2021, South Dakota Circuit Judge Christina Klinger ruled the measure was unconstitutional. The South Dakota Supreme Court upheld this decision Nov. 24, 2021, by a vote of 4-1.

  • New Jersey’s governor signed legislation March 1, 2021.

  • New York’s legislature and governor enacted AB 1248/SB 854 March 31, 2021.

  • The Virginia General Assembly passed legislation Feb. 27, 2021, and approved the governor’s amendments April 7, 2021.

  • The New Mexico legislature passed legislation March 31, 2021, and the governor signed it April 12, 2021.

  • The Connecticut General Assembly passed SB 1201 June 17, 2021, and the governor signed it June 22, 2021.

  • The Rhode Island General Assembly passed the Rhode Island Cannabis Act, measures 2022-S 2430Aaa and 2022-H 7593Aaa, and the governor signed them May 25, 2022.

  • Voters in Maryland and Missouri passed ballot initiatives to allow non-medical adult use in November 2022.

What is Delta 8, the drug a Lexington man says made him hit a city bus? We explain

Do you have a question about marijuana in Kentucky for our service journalism team? We’d like to hear from you. Fill out our Know Your Kentucky form or email ask@herald-leader.com.

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