Governor Andy Beshear’s executive orders Tuesday that will legalize the possession and use of medical marijuana by certain eligible people as long as it was purchased legally outside of the state was met with criticism from two area legislators.
In one executive order, Beshear outlined conditions that Kentuckians with at least one of 21 medical conditions must meet in order to access medical marijuana. They include cancer, multiple sclerosis, post-traumatic stress disorder, muscular dystrophy, or a terminal illness. Its legal possession will begin on January 1.
While studies show a majority of the state’s residents may support the legalization of medical marijuana, some legislators and the attorney general don’t agree with how the governor went about making it happen.
Beshear’s executive order allows him to use his pardon power in Section 77 of the state constitution, which states that he is issuing a preemptive pardon for any qualified individual who is accused of possessing less than eight ounces of marijuana, which is a Class B misdemeanor.
Senator Whitney Westerfield, who is the chairman of the Senate Judiciary Committee, questioned the governor’s motives.
click to download audioDuring this year’s legislative session, House Bill 136 was introduced with the intention of allowing medical marijuana use for certain treatments. While it passed the House, it failed to make it through the Senate.
Westerfield said that bills sometimes take a while to get right and eventually pass, citing a recent dating domestic violence bill that took nine years from its first introduction.
click to download audioHouse Bill 136 was introduced by Rep. Jason Nemes of Louisville, who said on social media Tuesday that while he supports the legalization of marijuana, he doesn’t agree with making it law by executive order.
Beshear admitted Tuesday that he had not consulted Nemes before drawing up the executive orders.
click to download audioWesterfield, who pointed out the governor did not consult with legislators on his COVID-19 executive orders two years ago, wasn’t surprised he failed to meet with elected lawmakers once again.
click to download audioWesterfield said legalizing marijuana in the state was gaining traction in Frankfort among lawmakers but feels the governor may have set that back with Tuesday’s announcement.
click to download audioMeanwhile, 8th District State Representative Walker Thomas is concerned the governor’s executive orders are legalizing a medical treatment not approved by the FDA.
click to download audioThomas also feels this creates an issue for employers who mandate drug testing for their employees, especially those who operate heavy machinery or large equipment in factories.
click to download audioKentucky Attorney General Daniel Cameron said Tuesday that Beshear did not have the legal authority to change the law, saying the governor “seems to relish ruling by decree instead of by the law. Kentucky’s General Assembly is the sole and final policy-making body of this state and they must be allowed to have their say.”
Cameron indicated his office was reviewing the two executive orders to determine what comes next.
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