Home Culture Kentucky Governor and Attorney General Seek Dismissal of Medical Marijuana Lawsuit

Kentucky Governor and Attorney General Seek Dismissal of Medical Marijuana Lawsuit

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Earlier this week, Kentucky Governor Matt Bevin (R) and Attorney General Andy Beshear (D) filed motions in Franklin Circuit Court looking to dismiss a lawsuit brought on behalf of medical marijuana patients. The lawsuit alleges that Kentucky’s ban on medical cannabis violates patient rights. The governor’s motion claims the lawsuit should be dismissed because of federal law and because medical marijuana is a “political issue” that should be decided by the state legislature.

“Since at least 2014, the legislature has debated bills advocating for the lawful use of medicinal marijuana in every legislative session,” attorney Barry Dunn wrote for the governor’s office. “The General Assembly will consider legalizing medicinal marijuana again in the 2018 session. It is solely within the General Assembly’s constitutional powers to determine whether to make medicinal marijuana lawful.”

All of that is true, but it is also true that the legislature has made little progress on medical marijuana – and that will likely continue to be the case in 2018.

“Even if the court chooses to issue an injunction that rules Kentucky’s marijuana statutes violate its constitution, federal law bars the relief that the plaintiffs seek,” Dunn wrote. “Because federal law will continue to prohibit marijuana use regardless of this case, and because federal law preempts state law on this point, any opinion the court issues will be advisory only.”

Using that logic, no state should have medical marijuana laws because it is illegal on a federal level.

As a candidate for governor in 2015, Bevin publicly supported medical marijuana, but he has done little since taking office to make it a reality for patients in the state. Despite his lack of action, Bevin continues to at least speak of his support for the idea.

“I personally am a proponent of medical cannabis, if passed by the legislature, if regulated and prescribed in the same manner as other prescription drugs,” he said last month in response to a question during a Facebook Live broadcast.

If medical marijuana is to be a “political issue,” then politicians in Kentucky need to get to work. While patients in dozens of other states have at least some legal access to cannabis for medicinal purposes, patients in Kentucky continue to either suffer or get their medicine from the black market.

With most polls showing national support for medical marijuana at over 80%, one has to wonder what the politicians are waiting for.

2 COMMENTS

  1. You know that is about par for the cores for this backward
    state. first we are going to be losing a lot of tax money going to other state
    out of Kentucky to other states that have legalized marijuana. By people going
    to those that have legalized marijuana from Kentucky to smoke up on legalized
    marijuana. People in other states will not be coming here to Kentucky because
    we do not have legalized marijuana for them to smoke. I go to Colorado about 4
    to 5 time a year to smoke legal marijuana. Colorado breaks tourism record with
    77.7 million visitors spending $19.1 billion in 2016. Just think about all that
    all that tax money Colorado took in about $200 million in taxes last year we are going to miss out on because of this backward
    thinking people in Kentucky. we are going to miss out even more tax after these other states that legalized it back in last November and the law goes on record next year.
    money because of backward people in Kentucky. Who would want to come here to we don’t have anything to do for most people that would coming here on vacation. Colorado Put over 18,000 people to work after the legalization of marijuana They have the lowest unemployment rate of all 50 states. In states that have legalized marijuana for medical and recreational use the opioid use and abuse is down by 23%. If you have a loved one to die from opioid use you should start looking at voting out these people that are in office that will not do anything to legalize both medical and recreational marijuana use. If marijuana was legalized then your loved one might not have died from an overdose. blame Matt Bevin and Senators John Schickel and Tom Buford for it not being legalized here in Kentucky.

  2. Hurray that Ky is leading the way for Hemp cultivation by ASDA approval, unfortunately Ky will likely be the last or one of the last states to allow medial or recreational MJ.

    Much of this problem is cultural. Ky has a large population of drug , tobacco, and alcohol addiction. Rx opiate addiction is astronomical. Incarceration is astronomical. Fortunately debt is moderate in comparison to other states. Any common sense measure in Cannabis reform will insure less harm and less debt with bigger budgets for more progressive measures like education and community enrichment. Newspaper police reports detail criminal activity & convictions and many of these involve MJ alone or in combo with other hard drugs or crimes. So, these abusers give a chronic bad perception of MJ. Very sad.

    With a consuming chronic disabling condition myself, I have benefited in big measure from Hemp Oil/CBD. Maybe a moment of serendipity; last night I dreamed I took to action, got in my car and drove to Carbondale Illinois to see a Dr and got an Rx Cannabis filled and with lots of personal dramas included.

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