LEXINGTON, Ky. — A bill that would legalize many forms of medical marijuana in Kentucky is creeping its way through the General Assembly, with ostensibly stronger support from the GOP majorities that dominate both legislative chambers.
Rep. Jason Nemes’ House Bill 136 passed the House 59-34, with just over half of the House GOP majority supporting the measure. Thirty-five of the 68 GOP members voted for the bill while only one Democrat voted no.
Nemes has continually stressed that the bill is “narrow” in its implementation, with restrictions at all levels.
Key regulations that make the bill more “narrow” than some other states that have legalized medical marijuana include provisions banning the smoking of marijuana and growing it yourself; a clause that bars “cross-pollination” between farmers, processors, dispensers and safety testers; as well as checks that ensure a physician-patient relationship is “bonafide,” per Nemes.
The list of conditions for which people can use medical marijuana grew slightly on the floor with an amendment proposed by Rep. Rachel Roberts, D-Newport. Roberts said that in her work with veterans and emergency medical services workers, some of whom have post-traumatic stress disorder (PTSD), she learned that the condition was worthy of consideration for allowing marijuana use.
Now that list of approved medical conditions includes cancer, chronic pain, epilepsy, Multiple Sclerosis and related symptoms, nausea, and PTSD.
Rep. Matt Lockett, R-Nicholasville, said supporters selectively pulled people who were helped by marijuana and that it is still against federal law, though he understands that the federal government is not enforcing that law.
“I believe it can be a great tool in our tool belt in the medical community,” Lockett said. “However, I believe it deserves more time.”
Rep. Chris Fugate, R-Chavies, cited his experience as a Kentucky State Police trooper as a reason for opposing the bill. He said that the the bill would be a slippery slope both for the state as a whole in moving toward recreational marijuana as well as individuals who move on from marijuana to harder drugs.
“If 37 other people jumped off a cliff, that don’t mean I’m 38 and going to jump after them,” Fugate said.
Fugate lamented that this legislation is more proof that America is becoming a “lawless society.”
This is not the first time such a bill has come up against those arguments. After passing the House 65-30 in 2020, a very similar bill did not get a vote in the Senate, which at the time was much more GOP-dominated than the House.
Nemes has acknowledged a new, and important, supporter who will play a key role in the legislative process: Sen. Whitney Westerfield, R-Crofton.
Chairman of the senate judiciary committee, Westerfield tweeted out a statement of support for House Bill 136 yesterday, indicating that it’s likely to get heard in his committee this year.
As for what’s changed to make him more confident it will get a Senate vote, Nemes said that lawmakers are taking note of constituent support. A few months ago, a Gallup poll recorded U.S. support for marijuana legalization at 68%. A 2020 USA Today poll also reported that 59% of Kentuckians supported the measure.
Relatedly, Rep. Kim Moser, R-Taylor Mill, unanimously passed a bill appropriating $2 million to create a cannabis research center in Kentucky. Moser voted “no” on Nemes’ effort, stating that more research is needed on the matter.
Rep. Killian Timoney said he had previously been against such efforts to legalize medical marijuana, but changed his mind after reading more about it. He began reading from a study that concluded that marijuana helped relieve tremors in mice with no side effects.
He also said he trusts doctors to make the right decision and prescribe marijuana to folks who would benefit from using it.
“If our doctors decide that there are options, we need to explore them,” Timoney said.
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