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Kentucky Legalizes Medical. Will Delaware Allow Adult Use?

Maria Brosnan by Maria Brosnan
2 years ago
Reading Time: 2 mins read
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Home Regulation

Kentucky became the latest state to legalize medical marijuana after Gov. Andy Beshear signed SB 47 into law Friday, March 24.

Beshear’s signature was expected given that he worked with lawmakers to legalize medical cannabis. “In November, I signed an executive order to help Kentuckians with certain medical conditions, like our veterans suffering from PTSD, find safe and effective relief through medical cannabis,” he said in a statement. “Now, I am finally able to sign this legislation into law and fully legalize medical cannabis – something the majority of Kentuckians support.”

The new law, which takes effect Jan. 1, 2025, establishes a full regulation program of cannabis businesses and issues identification cards to patients and caregivers.

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Delaware governor not saying

Meanwhile, in Delaware, the Senate passed a pair of bills on March 28 to legalize full adult-use of marijuana and establish a regulatory program. Gov. John Carney has vetoed similar legislation in the past and is vague about whether he will allow these bills to become law.

“The Governor continues to have strong concerns about the unintended consequences of legalizing marijuana for recreational use in our state, especially about the impacts on our young people and highway safety,” his director of communications, Emily Hershman, said in a March 31 email. “He knows others have honest disagreements on this issue. But we don’t have anything new to share today about how the Governor will act on HB 1 and HB 2.”

Both bills may have enough support to override a veto, if the governor chooses to do so. The Senate voted 16 to 4 to pass HB 1, which legalizes personal use and possession of one ounce or less for adults 21 and older. The Delaware Marijuana Control Act, HB 2, which regulates and taxes marijuana for adult use similar to alcohol, was approved by the Senate 15 to 5. The state House overwhelmingly passed both bills earlier in March.

Other Kentucky THC bills

Additionally, Gov. Beshear signed HB 544 on March 23 regulating the testing, sales and labeling of hemp-derived delta-8 THC products. It also prohibits possession by people under age 21. The Cabinet for Health and Family Services is to create emergency regulations by Aug. 1.

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Yet, some lawmakers hope to take marijuana legalization further. Kentucky also had a few bills introduced to legalize or decriminalize adult-use marijuana. One would have put a constitutional amendment to make cannabis possession a protected right on the ballot. But March 30 was the last day of the legislative session, so they’re dead, for now.

Rep. Lindsey Burke of Lexington, Ky., who co-sponsored all three bills, said polling indicates a majority of Kentuckians support full legalization, and she will continue to push for it.

“Having the General Assembly legalize medicinal cannabis here in Kentucky is definitely a major step forward, and it will make a critical difference for thousands of citizens once the program is up and running in 2025. I was proud to vote for it, but at the same time, I believe much more should be done,” Burke said in an email. “Although those [adult-use] bills didn’t pass, I will support them again next year – and will continue the fight until we’re successful.”

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Tags: DelawareKentucky
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Maria Brosnan

Maria Brosnan

Maria Brosnan brings to CRB Monitor more than 20 years of experience in financial journalism, marketing and communications. She began covering the cannabis industry during the early days of medical marijuana legalization as editor of The Marijuana Business Report for DealFlow Media. As editor of CRB Monitor News, she covers cannabis legislation, regulation and litigation while managing news content.

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