New Kentucky Cannabis Regulations Unveiled

By: Dalton Valette
January 8, 2024

New Cannabis Regulations Outline License Types, Advertising, Packaging, & More

Kentucky is off to the races! Some states take a bit of time to get going when it comes to new year cannabis program activity. Kentucky isn’t your average state. On January 4, Governor Andy Beshear and the Cabinet for Health and Family Services (“CHFS”) unveiled ten new proposed regulations regarding their medical marijuana program.

These regulations are centered around the following cannabis topics. Click each link to learn more about the specific regulations surrounding each business type or component.

Gov. Beshear Urges Kentucky to Add New Qualifying Conditions

In Beshear’s announcement, he also expressed hope that additional qualifying conditions would be added to expand the pool of eligible medical cannabis card holders in Kentucky.

Current Qualifying Conditions for Kentucky Cannabis

Currently, the qualifying conditions for Kentucky residents 18-years or older to receive a medical card include:

Cancer
Post-traumatic stress disorder
Multiple sclerosis; chronic pain
Epilepsy
Chronic nausea
Muscle spasms

Proposed Qualifying Conditions for Kentucky Cannabis

Beshear is asking the Kentucky General Assembly to expand the list of qualifying conditions to include:

ALS or Lou Gehrig’s disease
Parkinson’s disease
Chron’s disease
Sickle cell anemia
Cachexia or wasting syndrome
Neuropathies
Severe arthritis
Hepatitis C
Fibromyalgia
Muscular dystrophy
Huntington’s disease
HIV and AIDS
Glaucoma
Terminal illness

These additional conditions were approved by both the Kentucky Board of Physicians and Advisors and the Team Kentucky Medical Cannabis Workgroup. 437,000 additional Kentuckians would be eligible for medical cannabis with these expanded conditions.

Kentucky Cannabis License Applications, Timeline, and Requirements Coming Soon

Beshear also stated that details for regulations on applying for a Kentucky cannabis license will be coming “in the next couple of weeks or months” with the eye of opening businesses at the start of next year. Beshear said the program is “on track” and a timeline as well for applications will be unveiled soon.

Our Cannabis Experts’ Key Takeaways

1) Standard Operating Procedures are Required Prior to Opening

What we know from diving into these regulations (which are subject to change) is that certain standard operating procedures will be required for licensed cannabis business. These include, but are not limited to: security; transportation of medicinal cannabis; recordkeeping; waste disposal; sanitation of facility; and, recall.

2) Cannabis Producer Licenses Are Unique in Kentucky

A unique item to note, however, relates to the license types themselves. Individuals or businesses will be able to apply for a cultivator, processor, producer, safety compliance facility, or a retail dispensary license. The producer license is what caught our eyes, but this is going to be a “vertically integrated” license that allows for both cultivation and processing. This is different than some other states license types which may also have a dispensary component, Kentucky is not allowing that for this producer license type. We’re using the term “vertically integrated” as it comes from Governor Beshear in his Jan. 4 press conference.

Start Your Kentucky Cannabis Business Now with Trusted Cannabis Consultants

More regulations are on the way and with Kentucky showing no signs of having a slow medical cannabis program rollout, now is the ideal time to start work preparing yourself and your business for licensure. Because of this speedy rollout, partnering with a trusted cannabis consultant will ensure you stay ahead of all the moving parts this industry is known for.

Reach out to our experts to get started on financial modeling, business planning, or just getting your top questions answered. Work with us to make sure you’re ready to go in a state that is aiming to move quickly to get its medical cannabis operations up and running.