MURRAY – Now that Gov. Andy Beshear’s executive order allowing certain individuals to possess small amounts of medical marijuana without fear of criminal retribution is in effect, the onus of responsibility for ensuring the essence of the order is carried out falls in the hands of Kentucky’s law enforcement officers.
Beshear first announced his intention to use his executive authority to help Kentuckians access medical marijuana, also known as medical cannabis, last April. After months of research and data collection to quantify public support for the measure, he signed an executive order in November preemptively granting a conditional pardon to those with specific health conditions from criminal charges for possessing less than eight ounces of marijuana, legally purchased in another state, provided all criteria laid out in the order are met. The order went into effect Jan. 1.
Between information from the governor’s office, the Department of Criminal Justice Training and Assistant Calloway County Attorney Casey Naber, Calloway County Sheriff’s Office Public Information Officer Marian Cosgrove feels that deputies are prepared.
“This is an executive order, so the law itself has not changed,” Cosgrove said. “We will use officer discretion when dealing with this. The problem then lies where if we can’t determine the validity of the documents needed roadside, someone could be charged; but later it would be dismissed.
“It’s no different than if someone had, let’s say, a controlled substance pill in their pocket without proper container – are they lawfully in possession of that? We would maybe charge at that particular moment, but later, it would be dismissed because they really did have a prescription. So, it’s very similar to that. … Now, those people cannot be manifestly under the influence to the point where it impairs their driving, obviously. Even with a (prescription medication), that’s not allowed. For any controlled substance, you’re not supposed to be operating a motor vehicle while manifestly under the influence.”
Murray Police Chief Jeff Liles said that his department is using officer discretion as well.
“Right now, we’re just treating everything like we always do with marijuana,” Liles said. “If they so happen to run across it and they want to charge someone, and if the individual has (the required documentation), they can settle that in the court system. We’re just carrying on with business as normal for us.”
To qualify, patients or their caregivers must show proof of purchase – a receipt – that identifies the place of purchase, its physical address and the date of purchase as well as a “written certification” from a medical doctor or doctor of osteopathy who is licensed to practice in Kentucky or the patient’s state of residence.
The order clearly states that the healthcare provider certification is not a prescription for medical marijuana. It is a document, which must be signed and dated by the provider, that includes the following information:
· The patient’s name, date of birth, home address and phone number,
· The provider’s name, address, phone number and professional license number,
· A statement that the provider has a “bona fide provider-patient relationship” with the patient and
· A statement that it is the provider’s professional opinion that the patient has one of the 21 medical conditions identified in the order.
The 21 conditions are cancer, amyotrophic lateral sclerosis (ALS) or Lou Gehrig’s disease, epilepsy, intractable seizures, Parkinson’s disease, Crohn’s disease, multiple sclerosis, sickle cell anemia, severe and chronic pain, post-traumatic stress disorder (PTSD), cachexia or wasting syndrome, neuropathies, severe arthritis, hepatitis C, fibromyalgia, intractable pain, muscular dystrophy, Huntington’s disease, HIV or AIDS, glaucoma or terminal illness.
The Kentucky Justice and Public Safety Cabinet distributed “palm cards” that lay out the criteria established by the executive order in simple language to help officers determine the best course of action when encountering these situations in the field.
“The palm cards really clarify it, in my opinion,” Cosgrove said. “The wording is really good.”Â
The Ledger reached out to the Kentucky State Police Public Affairs Branch for comment but did not receive a response prior to press time. Â
Be the first to comment