Beginning January 1, 2025, the sale and use of medical cannabis will be officially legalized in Kentucky, heralding a significant shift in the state’s approach to therapeutic treatments. In recent months, communities across Northern Kentucky have engaged in deliberations to determine how this new law will be implemented within their localities.
Each municipality bears the responsibility of drafting specific zoning regulations, either permitting or completely prohibiting cannabis-related businesses from operating in their areas. These decisions will shape the future landscape of medical cannabis in the region.
During the application period from July 1 to August 31, 2024, the state received a staggering total of 2,650 applications for medical cannabis facility licenses. This overwhelming response indicates a robust demand for medical cannabis services, significantly surpassing the number of licenses available.
Out of the total applications, 248 applicants sought cultivation licenses, 117 applied for processor licenses, 2,282 aimed for dispensary licenses, and three were for safety compliance facilities. The sheer volume of submissions illustrates a strong interest in establishing a role in the burgeoning medical cannabis sector.
Cultivators are tasked with the complete lifecycle of the cannabis plant, including planting, harvesting, trimming, and curing. Processors convert the raw plant material into various regulated product formats for consumption, while safety compliance facilities are essential for testing products for purity and contamination. Dispensaries will be the storefronts through which medical cannabis is made available to registered cardholders.
The first license lottery results, announced in late October, revealed that no licenses were granted for medical cannabis businesses in Boone, Kenton, or Campbell counties. This outcome has led to increased scrutiny of how local governments are navigating the new regulatory landscape.
In this initial lottery, the state issued 16 licenses for cultivators and 10 for processors. However, all applications for dispensaries, where consumers can purchase medical cannabis products, were left unapproved during this round. Further licensing opportunities will be available in the future.
Initially, at least four dispensary licenses will be allocated to each region; however, only one dispensary may operate in each county, with the notable exceptions of Jefferson and Fayette counties, which may have more due to their larger populations.
To be eligible for a medical cannabis card, applicants must be residents of Kentucky, possess no disqualifying felony records, and have been diagnosed with at least one qualifying medical condition. These conditions include various forms of cancer, chronic pain, epilepsy, multiple sclerosis, chronic nausea, and post-traumatic stress disorder (PTSD).
Applications for medical cannabis cards will open on January 1, 2025. Prospective applicants must first obtain a “written certification for medical cannabis from an authorized medical practitioner,” as outlined by the Office of Medical Cannabis, ensuring a professional endorsement of their need for treatment.
Local governments have a deadline of January 1 to finalize their decisions regarding the facilitation of cannabis businesses within their jurisdictions. This has prompted a variety of responses, with some localities outright banning cannabis facilities, while others have opted to welcome them or place the matter on a ballot for public voting.
The odor issue has become a topic of contention in Fort Wright, where the distinctive smell associated with cannabis cultivation has raised concerns among council members. Since Planning and Development Services of Kenton County presented information on medical cannabis, city council members expressed apprehensions regarding potential odor emissions from these operations impacting neighboring residents.
During discussions, Councilmember Justin “Jay” Weber emphasized the importance of preventing odor disturbances to nearby communities, while city administrator Jill Cain Bailey pointed out that many businesses, such as fast-food chains, produce similar odors. The council is exploring whether requiring dispensaries to be standalone buildings represents an “undue restriction” under zoning laws.
Keshar Ghimire, an expert on marijuana law, elaborated on the challenges of enforcing such restrictions, suggesting that they may contradict the intent of state law which promotes access to medical marijuana.
In response to citizen complaints about odor, Spokane County, Washington, enacted a moratorium on outdoor marijuana farms before ultimately lifting it, but imposed additional regulations and fees on the farms. Fort Wright has since amended its zoning ordinances to facilitate medical cannabis facilities.
Interesting discussions have emerged in Walton, where city council members voted in August to prohibit cannabis businesses due to concerns about the strain they could place on local water and sewer systems. Council members cited ongoing challenges in managing water capacity amidst the city’s growth.
Despite the ban, Councilman Dan Martin indicated that most members support the use of medical cannabis and acknowledged the possibility of revisiting the decision if circumstances change.
The Newport Commission engaged in lengthy debates about cannabis during its August meeting, focusing on the cannabinoid products currently for sale in Kentucky. Notably, Commissioner Ken Rechtin voiced his intention to vote against allowing cannabis operations, expressing concern about whether this aligns with community interests.
Rechtin pointed out that when he requires medication, he visits a doctor, whose prescribed medications are carefully dosed and dispensed by pharmacies. He highlighted the risks associated with unregulated products like the THC-infused gummies already available in local vape shops, demonstrating the urgent need for medically regulated alternatives.
Newport Mayor Tom Guidugli Jr. supported Rechtin’s concerns, emphasizing the importance of regulation to ensure safety and proper dosaging for consumers. He argued that the contrast between unregulated products sold at vape shops and those available at sanctioned medical cannabis dispensaries is stark and underscores the necessity of legalizing medical cannabis for safe access.
Here are the actions taken by local municipalities regarding medical cannabis facilities:
Allowed
- Covington
- Dayton
- Erlanger
- Fort Wright
Banned
- Boone County
- Campbell County
- Kenton County
- Taylor Mill
- Walton
Placed on the ballot
- Alexandria
- Bellevue
- Crestview Hills
- Elsmere
- Florence
- Independence
- Ludlow
- Southgate
- Union
- Wilder
As all three counties have instituted bans on medical cannabis facilities, municipalities that haven’t taken action are subject to these county-wide prohibitions. Although the deadline for placing the matter on the ballot has passed, local governments retain the option to lift the ban or to approve cannabis facilities at any future date.
**Interview with Keshar Ghimire, Marijuana Law Expert**
**Editor:** Thank you for joining us today, Keshar. With Kentucky’s new medical marijuana program set to launch in January 2025, communities are grappling with the implications of legalizing cannabis. What are some of the significant challenges local governments face as they navigate this new law?
**Keshar Ghimire:** Thank you for having me. One of the primary challenges is balancing regulatory concerns with the intent of the state law, which aims to enhance access for patients who could benefit from medical cannabis. Local governments are defining zoning regulations that could either allow or prohibit cannabis businesses, and this often leads to tension between community concerns and state guidelines.
**Editor:** The responses from local councils vary significantly. Some are outright banning cannabis facilities while others are allowing them. What impacts could these divergent responses have on the overall implementation of the medical cannabis program in Kentucky?
**Keshar Ghimire:** It will create a patchwork of regulations across the state. As we see in areas like Walton and Fort Wright, local governments are trying to address specific community concerns, such as environmental impacts or infrastructure strains. But this can hinder patient access. A unified approach is often more effective in ensuring that patients can access their medicine without unnecessary barriers.
**Editor:** Odor control seems to be a heated topic in some council meetings, like those in Fort Wright. How critical is this concern, and what legal implications could arise from enforcing strict odor restrictions?
**Keshar Ghimire:** Odor is a valid concern for residents, but enforcing strict limitations can create legal challenges. If local restrictions make it difficult for cannabis businesses to operate, they might argue that it contradicts the state law’s intent. It raises questions about reasonable regulation versus undue restrictions. Local governments must find a balance that respects community concerns while also facilitating lawful medical cannabis access.
**Editor:** In the application period for facility licenses, the number of interested businesses vastly exceeded the licenses available. What does this indicate about the demand for medical cannabis services in Kentucky?
**Keshar Ghimire:** It reflects a strong market potential and community interest in medical cannabis. With 2,650 applications submitted, it’s clear that many individuals and organizations see the benefits and opportunities in this sector. This high interest could act as a catalyst for local governments to more thoughtfully consider how they regulate cannabis businesses going forward.
**Editor:** With the medical cannabis card application process set to open in January 2025, what can prospective applicants expect, especially regarding compliance and necessary documentation?
**Keshar Ghimire:** Prospective applicants will need to secure a written certification from a medical practitioner to confirm their eligibility based on qualifying conditions. This aligns with best practices to ensure that medical cannabis is used effectively for therapeutic needs. Compliance with both state and local regulations will also play a significant role in how smoothly individuals can navigate obtaining their cards and accessing products.
**Editor:** Thank you, Keshar, for sharing your insights on this crucial topic. It’s clear that the conversation around medical marijuana in Kentucky is continually evolving as communities adapt to these new developments.
**Keshar Ghimire:** Absolutely, and I look forward to seeing how these discussions progress as we approach the implementation date. Thank you for having me.