FRANKFORT, Ky. (AP) 鈥� Gov. Andy Beshear expressed confidence Thursday that he's on solid legal ground in allowing Kentuckians with debilitating conditions to legally possess medical marijuana, calling it a viable alternative to addictive medications in a state ravaged by the opioid crisis.
The Democratic governor's comments followed a backlash from prominent Republicans criticizing the Tuesday. Beshear's action will enable Kentuckians to possess up to 8 ounces of medical marijuana at any one time for use for specified medical conditions, provided the cannabis is purchased legally in other states. They鈥檒l need to keep their receipt for proof.
A Kentuckian would need certification from a licensed health care provider to verify a diagnosis for at least one of 21 conditions that qualify. Those include cancer, epilepsy, multiple sclerosis, Parkinson鈥檚 disease and post-traumatic stress disorder. The order is set to take effect Jan. 1, 2023.
The governor said Thursday he would be 鈥渉appy鈥� to rescind his order if the state's GOP-dominated legislature passes legislation next year to legalize medical cannabis.
鈥淏ut until they act, it鈥檚 my job to stand up and be there for folks鈥� suffering from chronic or terminal illnesses and who could benefit from medical cannabis, Beshear said at his weekly news conference.
The governor touted medical cannabis as an alternative to addictive opioid medications. Until the legislature takes action, he said, his order allowing its use under strict conditions could save Kentuckians from drug overdoses or potential suicide attempts caused by chronic conditions.
鈥淭hink about what opioids have done to us 鈥� just devastated our state,鈥� Beshear said Thursday.
nearly 15% in Kentucky last year, according to a report released in June. It showed that 2,250 Kentuckians died from drug overdoses in 2021 as the increased use of fentanyl 鈥� a powerful synthetic opioid 鈥� resulted in a record death toll in the state.
Some leading Republicans, including Attorney General Daniel Cameron, claimed the governor's unilateral action had overstepped his authority. Cameron said Tuesday that lawmakers "must be allowed to have their say鈥� on the issue. He said his office was reviewing the governor's action to determine its "next steps.鈥�
Cameron is among several GOP candidates vying to challenge Beshear in next year鈥檚 gubernatorial election, when the Democratic incumbent will seek a second term.
Republican state Rep. Jason Nemes, a leading supporter of legalizing medical marijuana, said in a social media post following Beshear's action: 鈥淎s much as I support his effort to bring medical marijuana to Kentucky, this unprecedented power grab cannot stand.鈥�
Beshear has expressed frustration with the legislature鈥檚 inability to legalize medical cannabis and insists the overwhelming majority of Kentuckians want to see it made legal.
He insisted Thursday that he acted within his authority based on the constitutional pardon powers granted to Kentucky governors. Beshear, a former attorney general, said there would be 鈥渘o grounds鈥� for any lawsuit challenging his executive action.
鈥淚 think you鈥檙e seeing a lot of reactions from people who鈥檝e gotten caught up on the General Assembly vs. the executive branch, or them vs. me," Beshear said.
鈥淭his is not about us,鈥� he added. "It鈥檚 about ... a veteran suffering from PTSD that鈥檚 had suicidal thoughts. It鈥檚 about somebody suffering from chronic pain. And if they鈥檇 just step back and think about the people that we鈥檙e trying to help, I think you鈥檇 hear a different tone.鈥�
Jared Bonvell, a military veteran from northern Kentucky, said his health was deteriorating when a friend suggested he try marijuana for his medical conditions. He was using 13 medications at the time. Bonvell said he was skeptical, but 鈥渨hen I first started it, I started dropping medication after medication after medication." He said he got healthy and realized that he had a future.
鈥淏ut then I was faced with, now you鈥檙e a criminal,鈥� he said while attending Beshear's announcement on Tuesday. 鈥淚t didn鈥檛 make sense.鈥�
An advisory committee formed by the governor spent months gathering public input before Beshear took the action. He of executive action on the issue in the spring, after a medical cannabis legalization bill again died in the legislature. The measure but stalled in the Senate.
Bruce Schreiner, The Associated Press
