FRANKFORT, Ky. (April 3, 2022) – On Friday, Kentucky Governor Andy Beshear signed a bill into law legalizing medical marijuana in the state despite federal cannabis prohibition.
Sen. Steve West (R) and a bipartisan coalition of cosponsors introduced Senate Bill 47 (SB47) on Jan. 5. The new law creates a regulatory structure for a medical marijuana program in Kentucky overseen by the Cabinet for Health and Family Services. The law allows patients with a long list of conditions to access marijuana in the state with a doctor’s recommendation. Smoking marijuana is still prohibited, but patients can access raw cannabis for vaporization. The program has strict limits on THC levels, but medical cannabis will be exempt from sales tax.
The law also includes provisions to create a licensing program for the cultivation and sale of medical marijuana.
The Senate passed the final version of SB47 by a 26-11 vote. The House approved the measure 66-33. With Gov. Beshear’s signature, final regulations will need to be in place by Jan. 1, 2024, with the program going into full effect the following year.
Kentucky is the 38th state to legalize medical marijuana.
Significant public pressure pushed SB47 across the finish line. The House passed medical marijuana bills in past sessions, but the measure ran up against opposition from Senate leadership.
EFFECT ON FEDERAL PROHIBITION
Under the federal Controlled Substances Act (CSA) passed in 1970, the federal government maintains complete prohibition of marijuana. Of course, the federal government lacks any constitutional authority to ban or regulate cannabis within the borders of a state, despite the opinion of the politically connected lawyers on the Supreme Court. If you doubt this, ask yourself why it took a constitutional amendment to institute federal alcohol prohibition.
The legalization of medical marijuana in Kentucky removes a layer of laws prohibiting the possession and use of marijuana in the state even though federal prohibition remains in effect. This is significant because FBI statistics show that law enforcement makes approximately 99 of 100 marijuana arrests under state, not federal law. When states stop enforcing marijuana laws, they sweep away most of the basis for 99 percent of marijuana arrests.
Furthermore, figures indicate it would take 40 percent of the DEA’s yearly budget just to investigate and raid all of the dispensaries in Los Angeles – a single city in a single state. That doesn’t include the cost of prosecution. The lesson? The feds lack the resources to enforce marijuana prohibition without state assistance.
A GROWING MOVEMENT
Colorado, Washington state, Oregon and Alaska were the first states to legalize recreational cannabis, and California, Nevada, Maine and Massachusetts joined them after ballot initiatives in favor of legalization passed in November 2016. Michigan followed suit when voters legalized cannabis for general use in 2018. Vermont became the first state to legalize marijuana through a legislative act in 2018. Illinois followed suit in 2019. New Jersey, Montana and Arizona all legalized recreational marijuana through ballot measures in the 2020 election. In 2021, New York, New Mexico, Virginia and Connecticut legalized marijuana through legislative action, and Rhode Island legalized cannabis for adult use in 2022. With Missouri and Maryland legalizing marijuana in November, there are now 38 states allowing cannabis for medical use, and 21 legalizing it for adult recreational use.
The lesson here is pretty straightforward. As Tenth Amendment Center Executive Director Michael Boldin noted, “When enough people say, ‘No!’ to the federal government, and enough states pass laws backing those people up, there’s not much the feds can do to shove their so-called laws, regulations, or mandates down our throats.”
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