There is limited medical cannabis availability in Kentucky. The program limits patients to cannabidiol preparations with 0.3 percent or less THC, in compliance with USDA hemp standards. The state has yet to authorize CBD product production or distribution. Patients surveyed in Kentucky report continued frustrations over lack of access and prohibitively high prices where products can be found. 2019 was the first year Kentucky’s General Assembly put forward a bill to legalize medical cannabis. HB 136 was passed by Kentucky’s House chamber in February but has stalled in the Senate since the outbreak of COVID. Details on how these laws apply to patients and medical professionals can be found below.

Navigating Kentucky State Laws:

Patients and Caregivers: Enrolling and Accessing Medical Cannabis

Medical Professionals: Procedures for recommending Medical Cannabis

Policymakers and Advocates: Actions Needed to Improve Laws for Patients

Get involved locally!

Take Action!

Here is a breakdown of how Kentucky fared in ASA’s Annual State of the States Report, which evaluates the effectiveness of each state cannabis program from a patient perspective and assigns a grade using a rubric that reflects the key issues affecting patient access. Medical cannabis laws are constantly changing, ASA’s policy recommendations for Kentucky can be found below. For policy updates sign up here.

Patient Rights and Civil Protections	25/100
Arrest Protection 0/25 Affirmative Defense 20/20 Parental Rights Protections 0/20 Employment Protections 0/20 DUI Protections 0/10 Explicit Privacy Standards 5/5
Access to Medicine	0/100
Authorizes Retail Access 0/10 Alternative Accessibility Methods 0/20 - Authorizes Delivery 0/10 - Authorizes Curbside Pickup 0/10 Personal Cultivation 0/15 Collective Gardening 0/5 Sufficient Number of Licensed Retailers 0/30 Reciprocity 0/20
Program Functionality	33/100
Legal Protections Within Reasonable Time Frame 20/20 Reasonable Possession Limits 10/10 Reasonable Purchase Limits 0/10 Telemedicine for Physician Certifications 0/15 Patient and Physician Representation in Program Decision Making 0/20 Reasonable Caregiver Standards 0/5 - Background Checks 0/2 - Number of Caregivers 0/3 Reasonable Physician Standards 2/5 Access to Administration Methods 1/10 - Allows Dried Flower 0/5 - Allows Edibles, Concentrates, and Other Forms 1/5 Provides Access to Minors on School Grounds 0/5
Affordability	20/100
Sales Tax Break for Patients and Caregivers 0/20 Covered by State Insurance or Health Aid 0/20 Reasonable Registration Fees 20/20 Financial Hardship Waivers or Discounts 0/20 Donation Program 0/10 Allows Multi-Year Registrations 0/10
Health and Social Equity	36/100
State Program Protections 25/25 Housing Protections 0/25 Access for Minors 10/10 Access in Underserved Areas 0/10 List of Qualifying Conditions is Exhaustive or All Inclusive 1/10 Allows Patients to Medicate Where they Choose 0/10 Organ Transplants 0/5 Ownership or Employment Restrictions 0/5
Consumer Protection and Product Safety	0/200
Cultivation Operations 0/50 Quality Management Systems 0/10 Staff Training 0/10 Standard Operating Procedures 0/8 - Facility and Equipment Sanitation 0/1 - Workplace Safety 0/1 - Storage 0/1 - Batch and Lot Tracking 0/1 - Security 0/1 - Waste Disposal 0/1 - Water Management 0/1 - Records Management 0/1 Pesticide Usage Limitations 0/2 Environmental Impact Regulations 0/2 Required Testing 0/8 - Cannabinoids 0/1 - Terpenes 0/1 - Microbials 0/1 - Aflatoxins 0/1 - Pesticides 0/1 - Heavy Metals 0/1 - Foreign Matter 0/1 - Moisture Content/ Water Activity 0/1 Packaging and Labeling 0/3 - Cannabinoids 0/1 - Terpenes 0/1 - Pesticides 0/1 Complaints, Adverse Event Reporting, and Recall Protocol 0/7 Manufacturing Operations 0/50 Quality Management Systems 0/10 Staff Training 0/10 Standard Operating Procedures 0/7 - Facility and Equipment Sanitation 0/1 - Workplace Safety 0/1 - Storage 0/1 - Batch and Lot Tracking 0/1 - Security 0/1 - Waste Disposal 0/1 - Records Management 0/1 Environmental Impact Regulations 0/3 Required Testing 0/10 - Cannabinoids 0/1 - Terpenes 0/1 - Microbials 0/1 - Aflatoxins 0/1 - Pesticides 0/1 - Heavy Metals 0/1 - Residual Solvents 0/1 - Homogeneity 0/1 - Foreign Matter 0/1 - Water Activity 0/1 Packaging and Labeling 0/5 - Cannabinoids 0/1 - Terpenes 0/1 - Ingredients 0/1 - Allergens 0/1 - Nutritional Content 0/1 Complaints, Adverse Event Reporting and Recall Protocol 0/5 Dispensary Operations 0/50 Staff Training 0/20 Standard Operating Procedures 0/7 - Facility Sanitation 0/1 - Workplace Safety 0/1 - Storage 0/1 - Batch and Lot Tracking 0/1 - Security 0/1 - Waste Disposal 0/1 - Records Management 0/1 Product Testing 0/10 - Product Meets Requirements Before Sale 0/5 - COA Disclosure 0/5 Complaints, Adverse Event Reporting and Recall Protocol 0/13 Laboratory Operations 0/50 Independent or Third-Party 0/5 Laboratory Sampling 0/5 Method Validation 0/4 Quality Management Systems 0/5 Staff Training 0/20 Standard Operating Procedures 0/7 - Facility and Equipment Sanitation 0/1 - Equipment and Instrument Calibration 0/1 - Workplace Safety 0/1 - Sample Tracking 0/1 - Security 0/1 - Waste Disposal 0/1 - Records Management 0/1 Result Reporting 0/4
Score Penalties	45/100
Gives Regulatory Preference to Adult Use 0/20 Classifies Cannabis as a Medicine of Last Resort 15/15 Administrative or Supply Problems 15/15 Requires Vertical Integration 0/10 Creates New Criminal Penalties for Patients 0/10 Limits Patients to a Single Retailer 0/10 No System for Adding Qualifying Conditions 10/10 Imposes Bans or Limits on THC 5/5 Imposes Bans or Limits on CBD 0/5
Excerpted from ASA's 2022 State of the States Report.