FLOYD COUNTY, Ky. (WSAZ) – In a significant development for the state’s healthcare landscape, voters in numerous cities and counties across Kentucky will have the opportunity to decide in November on the operational locations for medical cannabis businesses within their communities.
This pivotal moment follows Governor Andy Beshear’s enactment of a bill in 2023 that legalizes the use of medical cannabis for individuals suffering from specific qualifying medical conditions.
According to the Office of Kentucky Medical Cannabis, the statewide program is set to officially commence on January 1, 2025, marking the start of what could be a transformative phase for medical treatment options in the state.
Cities and counties possess the authority to prohibit cannabis businesses from establishing themselves in their regions, a decision that can be made either through local ordinances or municipal ballot referendums.
Notably, counties that do not take action—whether through ordinance or ballot initiative—will automatically permit the establishment of medical marijuana businesses, a stipulation that also applies to cities located within these counties, as specified by the Kentucky Office of Medical Cannabis.
For many residents statewide, the local question concerning medical cannabis may not appear on every ballot, creating a patchwork of regulations across different jurisdictions.
“They’re voting on whether cannabis businesses can be licensed and located within the city and or within the county,” explained Sam Flynn, the executive director of the Kentucky Office of Medical Cannabis, underscoring the significance of this decision for local governance.
One jurisdiction expected to encounter the local question multiple times is Floyd County, where residents will cast their votes on licensing a medical cannabis business at the county level, while those in the city of Prestonsburg will deliberate on whether to allow similar operations within city limits.
In a proactive move, city leaders in Wayland adopted an ordinance back in August that opts the community out of the medical cannabis program entirely, setting a clear boundary for local operations.
Importantly, patients who meet the qualifications for medical cannabis and hold registered cards will still have the ability to purchase medical cannabis products, even if their local jurisdiction opts out of the program.
However, Flynn noted that such patients may need to travel to nearby counties or cities that allow dispensaries, as local restrictions will prevent them from accessing dispensaries in their own communities.
“If you’re in a jurisdiction that decides to opt out of medical cannabis business operations, you won’t be able to go to a dispensary necessarily in your community to buy your medical cannabis to treat the condition that you have,” Flynn explained, emphasizing the need for access to medical treatment despite local prohibitions.
Cities and counties across Kentucky are anticipated to implement varying legal frameworks regarding the operation of medical cannabis facilities.
Floyd County attorney Keith Bartley clarified that a mere vote in favor of medical cannabis does not equate to unrestricted access for all individuals to sell marijuana.
“It only means a dually licensed business of that type could open in the territory,” Bartley stated. “It would have to be medical marijuana or medicinal cannabis [and] it would have to be a licensed business that follows all the regulations by the state of Kentucky,” reinforcing the necessity for compliance with state regulations.
Due to the lottery process governing the provision of medical cannabis licenses and the limited number of available permits, not every county or city that votes in favor of allowing medical cannabis businesses is guaranteed to receive one.
