While Kentucky’s medical cannabis program was passed in legislation back in 2023, it has taken some time to be implemented. The state moved up the timeline on business licensing in the summer of 2024, and starting January 1, marijuana can be purchased in stores.
When Will Medical Marijuana Be Available for Purchase in Kentucky?
Beginning on January 1, eligible patients in Kentucky with a valid prescription will be able to buy medical marijuana from a licensed dispensary. However, patients are unlikely to find it in stores for at least a few months because, under Kentucky law, cultivators within the state cannot grow their marijuana until they are licensed. Most cultivators only received their licenses in November.
In addition, it takes at least four months to grow marijuana from seeds and seedlings into plants that can be harvested and sent to processors and dispensaries.
Governor Andy Beshear has said that he hopes products will be available on shelves in the first quarter of 2025. He also noted that his 2022 executive order serves as a preemptive pardon for any qualified individuals who face marijuana charges within Kentucky.
Who Is Eligible to Receive Medical Marijuana in Kentucky?
For a Kentucky patient to be approved to obtain a medical marijuana prescription, they must be diagnosed with one of the following conditions:
- Cancer (any form)
- Severe (or chronic) pain
- Epilepsy or other seizure disorders
- Multiple sclerosis or muscle spasms or spasticity
- Chronic nausea or clinical vomiting syndrome
- Post-traumatic stress disorder
Doctors were able to begin prescribing medical marijuana on December 1, 2024. That same day, the state launched its online “Authorized Practitioner Directory,” on which patients can find practitioners authorized to issue written prescriptions, which are valid for 60 days. Patients and caregivers can register to receive their medical cannabis ID card on January 1, when the online Patient and Caregiver Registry Portal launches.
Is Medical Marijuana Now Allowed in Parts of Kentucky?
As of December 2024, eligible patients can possess and use properly obtained marijuana no matter where in the state they live. However, they are prohibited from vaping on public transportation or in public places.
State law also prohibits smoking marijuana flowers through combustion anywhere. It can only be ingested through vaping or eating.
However, despite its legality, a small number of local governments in Kentucky have prohibited medical marijuana businesses, such as licensed cultivators, processors, or dispensaries, from operating. Twenty-one counties have banned these businesses, though cities in all but four have moved to allow them. Forty-four cities have also passed ordinances to restrict the businesses.
Who Is Licensed to Operate as a Medical Marijuana Company in the State?
While the state received nearly 5,000 applications from businesses seeking to be licensed, only 16 cultivators and 10 processors were selected as license winners through the first state lottery at the end of October. Kentucky also awarded four licenses for testing lab facilities, which were not chosen through the lottery system.
While most winners included a physical address with a contingent lease agreement to operate, most appear to have set their facility or retail store at a different location.
Additionally, counties cannot have more than two dispensaries. Some who win a license must set up their shops in a county in the same region. While some applicants claimed that the out-of-state companies could game the lottery process with many expensive applications, Governor Andy Beshear defended the process. He argued that any competitively scored system where in-state applicants had better chances of winning could delay the program due to the potential for lawsuits.
