(KY) GOV. MATT BEVIN AND AG ANDY BESHEAR GET SUED OVER MEDICAL MARIJUANA!


BECAUSE THIS STORY IS SO IMPORTANT IN KENTUCKY I HAVE INCLUDED TWO SOURCES OF INFORMATION.

PLEASE FOLLOW THE LINK TO THE VIDEO BELOW TO HEAR THE PRESS CONFERENCE WHICH WAS AIRED ON WLKY.

THE LAWSUIT WAS FILED TODAY, JUNE 14TH, 2017, IN JEFFERSON COUNTY KENTUCKY AGAINST GOV. MATT BEVIN AND AG ANDY BESHEAR BY DANNY BELCHER OF BATH COUNTY, AMY STALKER OF JEFFERSON COUNTY, AND DAN SEUM JR OF JEFFERSON COUNTY.

ky mj lawsuit

ABOVE:  LINK TO PRESS CONFERENCE VIDEO ON WLKY

FACEBOOK – WLKY PRESS CONFERENCE WITH COMMENTS

Mark Vanderhoff Reporter

FRANKFORT, Ky. —

Three people are suing Kentucky Gov. Matt Bevin and Attorney General Andy Beshear over Kentucky’s marijuana laws, claiming their rights are being violated by not being able to use or possess medicinal marijuana.

The lawsuit, filed Wednesday morning in Jefferson Circuit Court, was filed on behalf of Danny Belcher of Bath County, Amy Stalker of Louisville and Dan Seum Jr., son of state Sen. Dan Seum, R-Fairdale.

Seum turned to marijuana after being prescribed opioid painkillers to manage back pain.

“I don’t want to go through what I went through coming off that Oxycontin and I can’t function on it,” he said. “If I consume cannabis, I can at least function and have a little quality of life.”

The plaintiffs spoke at a press conference Wednesday afternoon.

Seum does not believe the state can legally justify outlawing medical marijuana while at the same time allowing doctors to prescribe powerful and highly addictive opioids, which have created a statewide and national epidemic of abuse.

That legal justification lies at the heart of the plaintiffs’ legal challenge, which claims Kentucky is violating its own constitution.

The lawsuit claims the prohibition violates section two of the Kentucky Constitution, which denies “arbitrary power,” and claims the courts have interpreted that to mean a law can’t be unreasonable.

“It’s difficult to make a comparison between medical cannabis and opioids that are routine prescribed to people all over the commonwealth, all over the country, and say that there’s some sort of rational basis for the prohibition on cannabis as medicine when we know how well it works,” said Dan Canon, who along with attorney Candace Curtis is representing the plaintiffs.

The lawsuit also claims Kentucky’s law violates the plaintiffs’ right to privacy, also guaranteed under the state constitution.

Spokespeople for Gov. Bevin and Beshear say their offices are in the process of reviewing the lawsuit.

In a February interview on NewsRadio 840 WHAS, Bevin said the following in response to a question about whether he supports medical marijuana:

“The devil’s in the details. I am not opposed to the idea medical marijuana, if prescribed like other drugs, if administered in the same way we would other pharmaceutical drugs. I think it would be appropriate in many respects. It has absolute medicinal value. Again, it’s a function of its making its way to me. I don’t do that executively. It would have to be a bill.”  CONTINUE READING…

Lawsuit challenges Kentucky’s medical marijuana ban

By Bruce Schreiner | AP June 14 at 6:38 PM

LOUISVILLE, Ky. — Kentucky’s criminal ban against medical marijuana was challenged Wednesday in a lawsuit touting cannabis as a viable alternative to ease addiction woes from opioid painkillers.

The plaintiffs have used medical marijuana to ease health problems, the suit said. The three plaintiffs include Dan Seum Jr., the son of a longtime Republican state senator.

Another plaintiff, Amy Stalker, was prescribed medical marijuana while living in Colorado and Washington state to help treat symptoms from irritable bowel syndrome and bipolar disorder. She has struggled to maintain her health since moving back to Kentucky to be with her ailing mother.

“She comes back to her home state and she’s treated as a criminal for this same conduct,” said plaintiffs’ attorney Daniel Canon. “That’s absurd, it’s irrational and it’s unconstitutional.”

Stalker, meeting with reporters, said: “I just want to be able to talk to my doctors the same way I’m able to talk to doctors in other states, and have my medical needs heard.” CONTINUE READING…

Legendary pot grower Johnny Boone, leader of Kentucky’s ‘Cornbread Mafia,’ back in U.S.


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John “Johnny” Boone, the leader of Kentucky’s “Cornbread Mafia,” once the nation’s largest domestic marijuana producing organization, is back in the United States after eight years on the lam.

Boone, who was once featured on “America’s Most Wanted,” was apprehended in Canada in December 2016 and was ordered detained Wednesday after appearing in U.S. District Court in Burlington, Vermont, about 90 miles south of Montreal.

He had been extradited to the U.S. and will be transported to Louisville soon, according to Kraig LaPorte, a spokesman for the U.S. attorney’s office in Burlington. Wendy McCormick, a spokeswoman for the U.S. Attorney’s office in Louisville, said it could be a week or two before he is flown to Louisville on a U.S. Marshal Service flight.

Boone, 73, a legendary figure in central Kentucky, faces charges on a 2008 indictment that accused him of growing and distributing marijuana on his farm in Springfield, where more than 2,400 marijuana plants allegedly were found by Kentucky State Police and the Drug Enforcement Administration. The government is also trying to force him to forfeit cash, vehicles, a handgun and an AR-15 rifle.

He fled after a warrant was issued for his arrest, and he faces up to life in prison if convicted.

►EARLIER COVERAGE: ‘Cornbread Mafia’ fugitive in court

Federal prosecutors in Vermont requested his detention, saying he faces a long prison term and at age 73 has a strong incentive to flee. The motion also noted that he’d lived illegally in Canada for eight years, “which alone renders him a flight risk.”

The Cornbread Mafia, a group of mostly Kentuckians, pooled their money, machinery, knowledge and labor to produce $350 million in pot seized in Illinois, Indiana, Kansas, Kentucky, Michigan, Minnesota, Missouri, Nebraska and Wisconsin, prosecutors said in 1989.

The organization operated on isolated farms in nine Midwestern states, some of which were guarded by bears and lions, and by workers described by the government as a “paramilitary force.” Boone’s exploits were the subject of a book, “Cornbread Mafia: A Homegrown Syndicate’s Code Of Silence And The Biggest Marijuana Bust In American History,” by Kentucky freelance writer James Higdon.

U.S. Attorney Joe Whittle said in 1989 that marijuana had been seized at 29 sites, including 25 farms outside Kentucky. Sixty-four Kentucky residents were charged, 49 of whom lived in Marion County.

The detention motion says Boone’s criminal history extends to 1969 and includes a 1985 conviction for marijuana possession with intention to distribute, for which he was sentenced to five years, and another conviction for unlawful manufacture of 1,000 plants or more, for which he was sentenced to 20 years and paroled in 1999.

Reporter Andrew Wolfson can be reached at (502) 582-7189 or awolfson@courier-journal.com.

CONTINUE READING…

BIG PHARMACY AT WORK HERE IN KENTUCKY, IMMEDIATE ACTION REQUIRED!


marijuana

Chad Wilson

 

BIG PHARMACY AT WORK HERE IN KENTUCKY.
IMMEDIATE ACTION REQUIRED..IF YOU CARE ABOUT THIS STATE…THIS PLANT..AND IT’S FARMERS.

Legislators’ Hot Line: 1-800-372-7181

Legislative alert:

HB 333 – Fentanyl Bill:

In this bill they have buried something that will undo a lot of the good work Jamie Comer did when he was Ag Commissioner.

This bill deals with Fentanyl, not Industrial Hemp or CBD oil.

Right now, Big Pharma, more specifically GW Pharmaceuticals is working on a synthetic CBD Oil for prescription to be allowed by the FDA.

In Section 25 (d) of this bill it tinkers with what Marijuana is and is not, and what Marijuana will not be in Kentucky if this passes is CBD Oil Prescription Approved by the FDA.

By doing this any natural CBD oil from Industrial Hemp plants that is not prescribed will then be by default Marijuana, and thus a Schedule 1 Controlled Substance.

What needs to happen is Section 25(d) needs to be stricken as not germane, or amended to included CBD oil from Industrial Hemp.

TBK Opposes, if these changes are not made.

ACTION: Call Rep. Moser and your Representative and see if we can get section 25 (d) changed. – Reported favorably out of committee, posted for passage, floor amendment filed that does not address our concerns.

SOURCE LINK

http://www.lrc.ky.gov/record/17RS/HB333.htm

Lawmaker says top issue for constituents is marijuana; oncologist advocates for safe access


02/12/2017 12:39 PM

Far and away the largest number of phone calls from constituents of Rep. Jason Nemes, R-Louisville, are in support of marijuana legalization, and he says he’s heard plenty of other lawmakers also getting the calls.

Nemes recently published online what voters are calling him about, and in a phone interview with Pure Politics he said the calls on marijuana come in three forms: advocating for medical marijuana in pill form, medical marijuana that can be smoked and full-scale state legalization of the federally illegal drug.

“I’m getting contacted on all three of those areas, I don’t know where I am on it, but the Kentucky Medical Association tells me there’s no studies that show that it’s effective,” Nemes said in a phone interview on Wednesday.

Dr. Don Stacy, a board certified radiation oncologist who works in the Kentucky and Indiana areas, said there’s a reason there’s no studies proving effectiveness — studies have not been allowed to take place.

“It’s one of those things where we can’t provide randomized phase three studies in cannabis without making it legal — that is the gold standard for any sort of medicine,” Stacy said. “We have a variety of studies of that nature from other countries of course, but American physicians are very particular about American data. The database we have now is plenty enough to say we shouldn’t be arresting patients for trying to help themselves.”

Stacy said he became interested in marijuana after he noticed some of his patients were doing better with treatment than similar patients. In reviewing their records and through private discussions with the patients, he learned “a significant portion” of those doing better were the patients using marijuana.

“I was surprised by that,” he said. “I’ve always been a skeptic of alternative medicines, but then I began to research the data. I was impressed with the data.”

Dr. Stacy said he’s had some particular patients who showed minor or moderate improvements or side effects, but patients who had to stop treatment because the toxicity of the treatment was so severe. The patients who had to stop treatment tried marijuana, and then they were able to complete their treatments showing “dramatic differences,” Stacy said.

Because of the improvements in patients, Stacy is advocating for safe and legal access to the drug.

Twenty-eight states and the District of Columbia allow access to medical marijuana in different forms. Through those states allowing access, Stacy said several show improvements outside of overall medical care.

In states that have legalized medical marijuana the suicide rate has dropped by 10 percent among males 18 to 40, he said.

“It says when people have serious medical or behavioral issues — if you cannot find the treatment that helps you then some people decide to end their lives, and cannabis apparently prevents a certain portion of people from doing that.”

Stacy said that there is also a 10 percent decrease in physicians prescribing narcotics in medical marijuana states. The effect of that, Stacy said is a 25 percent decrease in overdose deaths linked to narcotics in states with medical cannabis laws. With the level of heroin and opiate abuse in Kentucky, he said there would be positive effects seen here too.

“I think that one-quarter of the people who will overdose and die of narcotics in this state in this year would be alive if we had a medical cannabis law.”

CONTINUE READING…

Ignorance abounds in Kentucky concerning cannabis law


 

In October, farmworkers transported harvested marijuana plants at Los Suenos Farms, America’s largest legal open-air marijuana farm, in southern Colorado.

 

The following story was printed on Kentucky.com and my response is included.

By Thomas Vance

The world is watching Colorado and is finding out that everything we have been told by our government about marijuana has not been factual, to put it nicely.

Colorado legalized medical marijuana in 2012 and recreational in 2014. They have paid more than $150 million in taxes on $1.3 billion in sales for 2016 and have created more than 20,000 full-time jobs in the process and none of the predicted harms of legalization have materialized.

California has had an easy access medical marijuana program for 20 years and none of the terrible things we have been told will happen should cannabis be legal have happened.

All we have to do is copy Colorado’s regulations and standards and get on with it. What are we waiting for? The people in our eastern counties are praying for something to replace the coal industry. God has one ready to go for us and we are ignoring his help.

It’s like the old joke about the guy trapped on his roof in a flood. He prays for God to save him. A helicopter comes by and offers to pick the man up. “No, no, thanks anyway but God said he would save me.”

After a while a boat comes and offers to pick up the man. Again he says no because, “God will save me.”

Later on that night, the waters rose and the man drowned. When he gets up to Heaven He asks God, “Why, why God, didn’t you save me?” and God replies, “I sent you a boat and a helicopter, why didn’t you get in?”

Let’s take this winning lottery ticket the good Lord has given us: an industry safer and healthier than coal. Alleviate the suffering of our eastern counties, create thousands of jobs, garner millions in revenue, enable billions in economic activity and put that money to work for the citizens of our great state.

It would seem that if we get to the end of this legislative session and nothing is done, one could reasonably conclude the Republican-controlled legislature is being derelict in its duty to improve the lives and the well being of our citizens and our state.

Thomas Vance of Alexandria is senior adviser for Veterans for Medical Cannabis Access.

Sample of comments:

H.B. Elkins ·

Media Consultant at Kentucky Valley Media Consulting

Industrial hemp, medical marijuana and recreational marijuana are three distinctly different and separate issues. Far too many times, advocates have appeared to champion the first two and then they show their true colors and advocate for the third. This puts a cloud of suspicion over the motives for supporting industrial hemp and medical marijuana.
You do your cause no favors by mentioning Colorado’s approval of recreational use if you are really advocating medical use. I suspect you are really for full legalization and are just using medical use as an incremental step.
Be honest about your motives. It won’t make me support recreational legalization — I don’t — but it will allow me to respect your efforts.

 

MY RESPONSE:

It is people like HB and JOHN below who are complicit in keeping the repeal of cannabis hemp laws out of KY. Unfortunately most of the politicians in KY have the same mindset.

It all boils down to who has the money now and who they don’t want to have any in the future.

Personally, I am not a legalizer, I am a repealer, meaning that I believe all Cannabis statutes from the Federal Government and UN should be abolished as they are illegal to begin with in my opinion. (Do your own research because I am tired) Legalization renders to regulation which renders to incarceration because, well, what can be more profitable than the prison industrial complex?

This plant has been useful for all of humanity’s existence and will continue to be,  regardless of whether it is legalized or not. (Again, do the research).. The sad part is all the people that could be helped (and one day it may be YOU) that will suffer and die needlessly because of evil people whose only concern in life is how much money they can scarf up from everyone else.

In the meantime, many peoples lives are being saved or at least made better by an illegal plant that God put here, by people who are risking there very lives to get this to those that need it – real patients.

Yes, there are those of us who enjoy smoking a good cannabis ‘cig’ – It helps relieve the mind of stress and pain. Sure is a lot better than the alcohol which most people consume on a daily basis and end up dying from in the long run…

So, I guess until everyone gets their heads on straight about Cannabis, everyone will continue to suffer from statutes, regulation, and imprisonment because people are either too stupid to educate themselves, or are too evil to care.

Which one are YOU???

sk

SOURCE AND LINK TO ORIGINAL ARTICLE ON KENTUCKY.COM

Kentucky Marijuana Legalization Not In Pre-Filed Bills For 2017


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Across America, Election Day showed strong support for marijuana legalization, but can Kentucky expect the same in 2017?

While Kentucky had some promise in 2016 that legalizing marijuana was in the works, they did not join the eight states that voted for either recreational or medical marijuana on November 8.

According to Marijuana Policy Project, marijuana was legalized for recreational use in California, Maine, Massachusetts, and Nevada. In addition, Arkansas, Florida, North Dakota, and Montana all voted for medical marijuana.

Currently, 28 states in America have legalized medical marijuana, but will Kentucky catch up anytime soon?

The excitement with Kentucky marijuana laws started in December, 2015, when state senator Perry Clark introduced the idea after many previous attempts.

Dated March 6, the bill Perry Clark introduced was called the Cannabis Freedom Act in Kentucky.

 

Following this, updates about Kentucky marijuana laws hit a milestone on July 5. As previously reported by the Inquisitr, meetings were being held “behind closed doors” about a proposed medical marijuana law.

At the time, Kentucky senator John Schickel, said they needed to hold the meetings about marijuana legalization to “vet” the issue, according to WFPL.

On July 11, WKMS reported that Kentucky’s medical marijuana laws got a boost of support by the prestigious health organization in the state, the Kentucky Nurses Association. About legalizing marijuana in Kentucky, a representative for the nurse’s association stated, “providing legal access to medical cannabis is imperative.”

Although it was talked about in meetings at the Kentucky Senate, according to their notes posted in July, August, and October, the marijuana legalization issue appeared to be stalled.

In late September, WFPL concluded their article about the marijuana legalization attempts in Kentucky with “the bill was assigned to a committee but never received a hearing.”

They also quoted Kentucky state senator Jimmy Higdon, stating that the lawmakers were confused about how the bill would be implemented. Senator Higdon said he would mainly be interested in allowing medical marijuana “to be prescribed in end-of-life situations.”

Does the lack of new updates mean that the bill has completely dried up, and Kentucky will not be seeing more medical marijuana laws to vote on in the next election?

Sadly, the pre-filed 2017 Kentucky House Bills that are available online do not reflect any updates about marijuana as of November 25.

Despite this, there could be updates in the near future because the Cannabis Freedom Act that was discussed in 2016 was actually filed in early December, 2015. This means Kentucky still has some time to see if marijuana legalization might be a big part of elections in the state in 2017.

 

On the other hand, Kentucky could get a lot of new laws about controlled substances in 2017, but they are not marijuana-related. For example, pre-filed bill BR 201 states it will “create the offense of aggravated fentanyl trafficking” in the state of Kentucky law books.

Adding to this, pre-filed bill BR 210 that sits before the Kentucky state senate in 2017 states its purpose is “to make trafficking in any amount of fentanyl or carfentanil subject to elevated penalties.”

New proposed bills in the state of Kentucky are also targeting the medical community. For example, pre-filed bill BR 202 states the following.

“[A] practitioner shall not issue a prescription for a narcotic drug for more than seven days unless specific circumstances exist.”

Of course, Kentucky might not have time to vote on marijuana legalization because Donald Trump may not be building his cabinet with marijuana supporters.

For example, CNN reported on November 25 that Donald Trump is appointing a marijuana legalization opponent, Senator Jeff Sessions, as his Attorney General.

About marijuana, Jeff Sessions was quoted as stating the following at a senate hearing in April, 2016.

“Good people don’t smoke marijuana. We need grown ups in Washington to say marijuana is not the kind of thing that ought to be legalized, it ought not to be minimized, that it is in fact a very real danger.”

CONTINUE READING…

Will Kentucky Finally Have Legal Marijuana? Meetings Planned


 

Kentucky marijuana legalization could happen soon

 

Marijuana investors can get their checkbooks ready because Kentucky has planned meetings with the intentions of legalizing marijuana.

While the rumor that Kentucky will be legalizing marijuana has been circulating for a while, the bill is being considered again, and an attempt to get a hearings scheduled appears to be serious.

In early 2016, Kentuckians were excited that Senator Perry Clark was filing a bill for medical marijuana to be legalized called the Cannabis Freedom Act, as previously reported by The Inquisitr. Despite the efforts, the bill had no hearing and did not get passed or denied.

Kentucky marijuana legalization might be just around the corner. [Photo by Jose Luis Magana/AP Images]Around December 2015, Perry Clark was quoted by the Courier-Journal stating the following analysis on why Kentucky needs to be ready to legalize marijuana.

“The time of laughing and snickering about marijuana and marijuana cigarettes is over. We’ve got serious businessmen who have approached me on this now and say they are taking it to the governor.”

Those organizations that helped get medical marijuana proposed to be legalized in Kentucky in 2014 and 2015 are now getting up their strength to have the bill revisited in 2017.

On July 5, WFPL reported that meetings were being held behind closed doors about passing a marijuana bill in Kentucky, and Senator John Schickel said the reason for the meeting is that they felt a need to “vet” the issue.

 

Although many Kentuckians approve of medical marijuana, Jaime Montalvo, founder of Kentuckians for Medicinal Marijuana, said lawmakers “don’t want to openly champion the cause” and stated the following.

“They do not want to be the one that pushes for it. They don’t want to support it publicly, they would rather it pass without them having to do anything about it.”

WKMS reported on July 11 that Kentucky will get a chance to start passing a medical marijuana bill again after the first of the year. It was also reported that Kentucky marijuana legalization is making some progress because the Kentucky Nurses Association endorsed the medical marijuana bill.

Other grassroots meetings are also being planned in the later half of 2016 to help Kentucky get medical marijuana legalized. For example, on July 28, Maysville Online announced a meeting planned for the community on July 30 to learn more about medical cannabis from patients that need the medication.

Besides medical marijuana to treat patients for end-of-life ailments such as cancer, another reason Kentuckians want medical marijuana legalized relates to the prevalent narcotics epidemic in the state. For example, a quote that was added to the report from Maysville Online is from the Journal of the American Medical Association.

An October 2014 study found states that allowed medical marijuana also had fewer deaths due to narcotic overdoses by almost 24 percent when compared to other states.

This study counters a statement quoted by WLKY on July 8 by Mickey Hatmaker of the Kentucky Narcotics Officer Association. In a meeting about legalizing marijuana in Kentucky, Hatmaker said that cannabis is a gateway drug, and he also said “marijuana use by 12- to 17-year-olds is the highest” in states with legal medical marijuana.

The big question that remains concerns whether Kentucky will actually choose to pass the bill in 2017 when it is presented, or if they will have the chance to do so in the first place. For example, Lexington Herald-Leader recently reported that the federal government might legalize marijuana nationwide in the near future.

They also pointed out that, despite the fact that the federal government “missed their own deadline” of June 30 to make a decision about rescheduling marijuana as a Schedule 1 drug, making this change is still on President Obama’s plate.

While the federal government might take care of the problem of legalizing marijuana for Kentucky, the state has other specific needs that might push the bill forward without approval from the feds.

For example, Kentucky’s governor, Matt Bevin, has serious concerns about the state’s budget, and Colorado has proven that marijuana legalization can have extreme success. In 2015, Colorado reported a whopping $1 billion in sales and the state collected $135 million in taxes, according to Cannabist.

Kentucky could potentially expect similar revenue results if they fully legalize marijuana for medical and recreational use because the population of the Bluegrass State is 4.4 million and Colorado’s is 5.3 million.

CONTINUE READING…

"Cannabis is medicine," Clark said.


mmjky16

 

Even though the next session of the Kentucky legislature is months away, debate on whether to legalize medical marijuana is already underway.

Legislators heard Friday from the law enforcement community and physicians.

State Sen. Perry Clark, whose proposal last year never got out of committee, has promised to keep introducing medical marijuana legislation until his fellow lawmakers see the light.

But he has plenty of hurdles to jump before that happens.

“Cannabis is medicine,” Clark said.

Medical marijuana is legal in 25 states, and Clark wants Kentucky to be next. He argues that no one has ever died from cannabis. Clark contends that misconceptions and false information are being disseminated by opponents.

“In general say their biggest concern increase cannabis use among teens. There is mountains of evidence that this is not going on,” Clark said.

Mickey Hatmakers, who heads the Kentucky Narcotics Officers Association, calls it a getaway drug.

“It is very clear in the states where cannabis has been legalized for medical purposes, marijuana use by 12 to 17-year-olds is the highest,” Hatmaker said.

Because medical marijuana is expected be a hot topic over the next year, the legislative hearing was aimed at getting a head start on the controversy.

UofL researcher Gregory Barnes said the compound CBD in marijuana provides protection from seizures in epilepsy patients.

Jaimie Montalvo, of Kentuckians for Medical Marijuana, said prescribed drugs also have a downside. He has multiple sclerosis.

“As you can imagine, these prescriptions have dozens of side effects liver problems, kidney problems. They cause a lot of issues in our body,” Montalvo said.

A packed house listened to pros and cons.

As of Friday, no bills regarding medical marijuana had been pre-filed for the 2017 Legislature.

CONTINUE READING…

COMPARING THE "CANNABIS ACTS" IN THE KENTUCKY LEGISLATURE…WHAT TO PROMOTE AND WHEN TO SAY NO!


 

KY CANNABIS

 

HB 584(BR-1994)

Tuesday, March 1, 2016 – introduced in House

Create new sections of KRS Chapter 211 to define terms; require the Department for Public Health (DPH) to operate a medical marijuana program; establish a process to license and permit cultivators, distributors, manufacturers, and processors of medical marijuana;

This Bill was just Introduced in House yesterday, March 1.  It is a true-blue highly regulated “medical marijuana” Bill with absolutely NO growing rights for Patients or otherwise!  It is a Bill that is attempting to pacify the group of Kentuckians who do not wish to see any growing rights or recreational rights at all and just want to access Marijuana for purely medical reasons, most are worried about their Children and simply want it for their Children’s sake.  I am all for access to whatever kind of medical CBD or THC that those Children or other patients may need. THIS IS NOT the way to get it!  With over regulation and burdensome legislation the real question is even IF it was enacted, how long would you have to wait to have access to it?  The short answer is, a LONG time.  I will NOT promote this Bill!

It includes but is not limited to the following requirements:

*require the Department for Public Health (DPH) to operate a medical marijuana program

*require prospective patients to possess a diagnosis from a physician and possess a registry identification card issued by the department

*require the department to license no more than 10 grows

*allow for licensure of 2 cultivators, 2 manufacturers, 2 processors, and other subcategories within each economically depressed county participating in the program

*establish a process by which cultivators sell only to manufacturers, processors, or distributors

*allow only distributors to sell medical marijuana to a dispensary

*require the department to publish an annual list of varieties of marijuana that contain a low level of tetrahydrocannabinol (THC);

*require prioritization of low-THC-containing varieties of marijuana by the department;

*grant priority access to children and individuals with medication-resistant seizures to low-THC marijuana;

*require patients under 18 to receive marijuana with a low-THC content;

*clarify that cannabadiol is included in low-THC marijuana products;

*allow a dispensary to dispense cannabadiol regardless of whether it is classified as industrial hemp or medical marijuana;

*establish guidelines for registry identification cards;

Now, if you look at the Bill and think about it a while, what do you think is happening here? 

Kentucky politicians are mostly of the rich, by the rich and for the rich.  They can set up their own tight little growing and dispensing operation which allows NO ONE the option to grow their own for ANY reason, and then they will set up their own little processing and dispensing facilities which is akin to a Monopoly, encumbered with regulation to the hilt so as to prevent any common Citizen from being involved.  I would bet that becoming a “medical marijuana patient” in the State of Kentucky would be about like jumping over fire with flames 10 feet high (no pun intended).  Now, if you succeed at jumping over that flame and in fact end up in the “medical marijuana” program, what type of “medicine” will you be able to receive?  How much will it cost you, because it damn sure is NOT FREE and insurance will not pay for it!   Therefore, that pretty much puts the entire program into the more wealthy “patients” hands, leaving out those who might only be able to access it IF they can grow their own! 

On top of that situation you can imagine that the more wealthy people of Kentucky who have stock in pharmaceutical companies are trying to pave the way for the pharma industry to move right on into Kentucky with their Pharma grade marijuana pills, oils, foods, etc., as soon as it can be accomplished through relaxed Federal Legislation.  Hmmm, this must be why HR 173 is being worked on as we speak.  A “Resolution” to the FDA to “study medical marijuana”!  As if we really need more studies before we use Cannabis….Well, here are a few that the FDA can start copying!  SEE THIS LINK!

Last but not least, this new Bill, if enacted, in fact will promote stiffer penalties for those who are found to be in possession of “non-medically certified marijuana” or without a Patient Registration identification!

If I had a child in need of immediate treatment with Cannabis, and the “Cannabis Freedom Act” does not pass this year, I would pack up and leave — taking my Child to a “legal” State to be treated.  I would not stay here and risk my Child’s health and risk having a Child taken from me for using Marijuana for their illness, when they in fact, NEED it!  There is no reason for them to stay here and take that chance when there are other places to go.  There are also agencies that will help them with relocation if need be! Keep this in mind!

The LINKS below are to the KRS as they exist TODAY.

Any offender failing to affix the appropriate tax stamps, labels, or other tax indicia to any marijuana or controlled substance as required by KRS 138.874 is guilty of a Class C felony

218A.050 Schedule I controlled substances.

218A.1422 Possession of marijuana -Penalty –Maximum term of incarceration.

218A.1421 Trafficking in marijuana –Penalties.

218A.1423 Marijuana cultivation –Penalties

Basically, Possession of marijuana is a Class B misdemeanor, Marijuana cultivation of five (5) or more plants of marijuana is for a first offense a Class D felony,

Trafficking in less than eight (8) ounces of marijuana is for a first offense a Class A misdemeanor.

Kentucky Forfeiture law: 

All real property, including any right, title, and interest in the whole of any lot

or tract of land and any appurtenances or improvements, which is used or

intended to be used, in any manner or part, to commit, or to facilitate the

commission of, a violation of this chapter excluding any misdemeanor

offense relating to marijuana, …

 

SB 13(BR-161)/LM/CI

Wednesday, January 6, 2016 – introduced in Senate

Establish KRS Chapter 245 to regulate the cultivation, testing, processing, taxing, and sale of marijuana to persons aged twenty-one years and older; amend various sections to conform; repeal KRS 218A.1421, KRS 218A.1422, and KRS 218A.1423.

Senator Perry B. Clark pre-filed this Bill in December of 2015.  It is an all around good Bill because it is a “Freedom” Bill.  Meaning that it opened up Medical Cannabis to patients as well as recreational Cannabis to Kentucky residents over the age of 21.  Although it is not a true REPEAL Bill that I would like to see happen, it allows a Kentucky Citizen to:

Possess up to 1 ounce of cannabis on their person;

Cultivate up to 5 cannabis plants;  (Six or more would be considered as trafficking)

Store excess cannabis lawfully grown for personal use at the location where it was cultivated; or

Transfer up to 1 ounce of cannabis to another person age 21 or older without remuneration

Possession exemption for persons under 21 if recommended by a licensed physician.

It allows for access to retail cannabis facilities, creating the ABCC (Alcoholic Beverage and Cannabis Control) to create licenses to operate the following cannabis-related entities:

Cannabis cultivation facility; Cannabis processing facility; Cannabis testing facility; or Retail cannabis facility.

It also provides for an Excise tax imposed on licensees operating cannabis cultivation facilities selling or transferring cannabis to either a cannabis processing facility or a retail cannabis facility.

So in ONE BILL the Patients, the Recreational users, personal growers, those who would like to grow for dispensaries or medical patients, those who wish to operate legal dispensaries for patients and for recreational users and an EXCISE TAX for the State of Kentucky were taken care of legitimately!  This IS THE BILL that has my full APPROVAL!  Thank You, Sen. Perry Clark!

With as many phone calls, letters, emails and personal visits from the people of Kentucky who wish to see this Bill passed has had, there should be no reason for it NOT TO BE considered, and PASSED!

But as usual, the Kentucky money hungry Politicians are planning on this ‘patient care’ ultimately to be handed over to the pharmaceutical companies, which is why they are going to try to seriously limit the growing operation and usage of “medical marijuana” thru HB 584, so as to be able to withdraw those growers rights as soon as a pharmaceutical can take it over.  Much like they tried to do (and succeeded for a while) in Canada.

*Federal judge to decide if medical marijuana patients can grow their own

*The Liberal government will have to do substantial work on the international stage before it can follow through on Prime Minister Justin Trudeau’s promise to legalize marijuana, new documents suggest

 

HR 173(BR-1583)

Thursday, February 25, 2016 – introduced in House

This is a Kentucky RESOLUTION to encourage the United States Food and Drug Administration to study the use of medical marijuana.

The Sponsors are David Osborne, Lynn Bechler, and Brad Montell.

As if we really need more studies before we use Cannabis….Well, here are a few that the FDA can start copying!  SEE THIS LINK!

 

AND FOR GOOD MEASURE YOU CAN ADD THIS TO THE LIST TOO: 

SB 136(BR-1420)/LM/CI    Define “kratom” and add kratom to schedule I.

Thursday, January 28, 2016 – introduced in Senate

Related post:  OPPOSE SB 136: BANNING THE KRATOM HERB

 

OTHER RELATED POSTS:

Jan 28, 2016 

Legislation to legalize recreational and medicinal marijuana is unlikely to be addressed during this legislative session in Kentucky

 

Jan 26, 2018

Former Congressman Mike Ward pushing for medical marijuana in Kentucky

 

Jan 5, 2016

Ex-congressman’s group wants medical marijuana in Kentucky

 

Dec 13, 2015

Kentucky “Cannabis Freedom Act” Summary

 

Feb 29, 2016

A KENTUCKY RESOLUTION to encourage the United States Food and Drug Administration to study the use of medical marijuana

 

Nov 1, 2015

Willie Nelson’s crusade to STOP BIG POT!

 

OTHER:

 

Kentucky Revised Statutes  Includes enactments through the 2015 Regular Session (search “marijuana”)

 

Image result for marijuana plant

 

Additionally, as a patient and recreational user,

I am a FIRM BELIEVER in a “misdemeanors”

worth!