Kentucky’s Medical Cannabis Law Sets a Strict Framework for Patient Access

Gov. Andy Beshear signed Senate Bill 47 into law on March 31, 2023, establishing Kentucky’s medical cannabis program. The law took effect on January 1, 2025, creating a regulated system for eligible patients, medical practitioners and cannabis businesses.

Patients may qualify if they have cancer, chronic or debilitating pain, epilepsy or another intractable seizure disorder, multiple sclerosis, muscle spasms or spasticity, treatment-resistant chronic nausea or cyclical vomiting syndrome, or post-traumatic stress disorder. The law also allows additional conditions to be recognized when the Kentucky Center for Cannabis determines that sufficient scientific evidence supports a medical, therapeutic or palliative benefit.

Access is subject to significant restrictions. Kentucky law does not permit patients to smoke medical cannabis, although raw plant material may be available for other authorized forms of consumption, including vaporization. Home cultivation is prohibited.

The statute limits raw plant material to 35% delta-9 THC. Edibles, oils and tinctures may contain no more than 10 milligrams of THC per serving, while other products are capped at 70% THC. Products must be tested and sold through licensed businesses operating under state regulations.

The Cabinet for Health and Family Services is responsible for administering the program through its Office of Medical Cannabis. The regulatory framework covers cultivators, processors, producers, dispensaries and safety compliance facilities, as well as the certification and registration process for patients, caregivers and practitioners. The state’s medical cannabis regulations set out current requirements for qualifying conditions, written certifications, identification cards and supply limits.

Cultivation businesses are divided into four indoor-growing tiers, with maximum areas ranging from 2,500 square feet to 50,000 square feet. The law does not establish a statewide numerical cap for each type of cannabis business, but the cabinet retains authority to reject license applications under the statutory and regulatory framework.

Local governments may prohibit cannabis businesses within their jurisdictions by ordinance. Residents can also petition for a local referendum on whether those businesses should be allowed to operate.

Registered patients may possess an amount of cannabis equivalent to an uninterrupted 30-day supply at home and a 10-day supply outside the residence. The cabinet determines how those supplies are calculated. Patients must keep cannabis in its original container when carrying it outside the home and must have the required identification card.

SB 47 followed years of unsuccessful reform efforts in Frankfort. The House had approved earlier medical cannabis proposals, including a bipartisan measure in 2022, but those efforts did not advance through the Senate. Beshear subsequently created a Medical Cannabis Advisory Committee and, in November 2022, issued an executive order allowing people with certain qualifying conditions to possess cannabis legally purchased in another state, provided they had proof of purchase.

The governor’s signing of SB 47 converted that limited protection into a statewide regulatory program. In announcing the law, Beshear said it was intended to provide relief for people with severe medical conditions, reduce reliance on opioids and create opportunities for Kentucky farmers and businesses.

The law represents a major change in Kentucky policy, but it is not a broad legalization measure. Patient access depends on a qualifying condition, practitioner certification, state registration and compliance with limits on products, possession and consumption. Cannabis also remains illegal under federal law, creating restrictions that patients and businesses must continue to consider.