EMBRACING CHANGE
Medical Cannabis Has Arrived in the Commonwealth
At the time of this publication , medicinal cannabis has been available in the Commonwealth of Kentucky for several months . No doubt you have heard from patients , family and friends inquiring on the process to gain “ medical certification ” to legally purchase cannabis products for medicinal use here in Kentucky . Our state process is by no means easy , but typical of the process adopted in many states that have approved cannabis with significant restrictions . State approval circumvents the federal restrictions , but interstate transport and sales constitute a “ gray ” legal area for those patients traveling to neighboring states to obtain their cannabis preparations . Remember , cannabis is still a schedule 1 drug defined by the federal government ( DEA ), so it is still a felony to have or consume cannabis in some states in our country .
The relationship between cannabis and government legalization has been strained for eight decades . Criminalization of the plant began in 1937 after the passage of the “ Marihuana Tax Act ,” which didn ’ t ban cannabis outright but made things very difficult and restrictive for anybody who wanted to grow or work with the plant in any way . The act was passed despite the objections of the American Medical Association , who argued that the plant was valuable as a medicine . 1 Indeed , in the century prior , cannabis was used as an alternative to opium by doctors . Cannabis preparations were also used to treat ailments as wide-ranging as childbirth psychosis to stomach pain to chronic cough . 2 Regardless of its history of medical use , the plant and its extracts are still considered illegal drugs under federal legislation . Hemp , however , was recently legalized on
14 LOUISVILLE MEDICINE by JOHN J . WERNERT , MD the federal level , which also includes hemp-based CBD products . Medical cannabis , which contains more than 0.3 percent THC , remains restricted .
As a result of the growing body of positive literature on the plant , 35 U . S . states and Washington , D . C ., have legalized the medicinal use of the plant . Ten of those states and Washington , D . C ., also legalized the possession , cultivation and sometimes sale of cannabis for adult-use . In addition , the U . S . Virgin Islands , Puerto Rico , Guam and the Northern Mariana Islands have approved the use of medical cannabis . 3 Without federal oversight , the laws governing medical and recreational cannabis differ significantly from state to state . In terms of medical cannabis , every individual state has approved its own lists of qualifying conditions . Further , some states only allow the production and possession of hemp CBD products , meaning that patients have disproportionate access to the plant depending on where they live . The lack of federal oversight and regulation also affect dosage standards in regards to medical cannabis . The potency and serving size of some cannabis products may be restricted by state law as well . It is recommended that care providers search the state website or contact their local government for a more detailed discussion of the laws and regulations in their state or region . A summary of Kentucky ’ s 2025 regulations can be found at https :// kymedcan . ky . gov /. 4
In order for an individual to be eligible for a qualified patient registry ID card in Kentucky , they cannot have prior disqualifying felony conviction offenses , and they must be diagnosed with one ( 1 ) of the following qualifying medical conditions :
• Any type or form of cancer ;
• Chronic or severe pain ;