Kentucky voters have their first shot at adult-use cannabis legalization this Election Day via Amendment 3, a proposal that has drawn myriad support and opposition from throughout the state leading up to the Nov. 8 election.
Polls close 7 p.m. CT in Kentucky, which is one of five states where adult-use reform is on the table.
Stay tuned to this page, where we will provide updates on election returns throughout the night as well as reactions from stakeholders on the ground in Kentucky, including the amendment’s backers: Legal Kentucky 2022.
In 2018, Kentucky voters approved a medical cannabis initiative with a 65.6% majority. Now, recent polling for Amendment 3 suggests the state is on the brink of expanding upon that reform to full legalization.
An Emerson College Polling/The Hill survey of likely voters conducted Oct. 26-28 showed 47% in support and 39% opposed to the measure. And a SurveyUSA poll conducted Oct. 27-Nov. 1 showed 61% of likely voters “certain to vote yes” and 28% of voters opposed.
If passed, the 39-page proposal would enact the following provisions:
Kentuckyans 21 and older could possess and purchase up to 3 ounces of cannabis flower or an equivalent amount in other forms.
Individuals convicted of nonviolent cannabis-related offenses could petition to be released from incarceration and/or have their records automatically expunged.
Adults 21 and older will be allowed to home cultivate up to six mature cannabis plants after obtaining a noncommercial registration card (with no more than 12 mature cannabis plants per residence).
A lottery to randomly select new businesses for adult-use licenses would be established.
The state’s Department of Health and Senior Services (DHSS) would regulate and oversee the adult-use cannabis market, including the licensing of cultivators, manufacturers, dispensaries and microbusiness facilities. Department officials would also promulgate regulations for testing, packaging and labeling.
The state would impose a 6% tax on adult-use cannabis sales at retail, which is projected to generate more than $40 million in annual revenue, while local governments could assess local sales taxes of up to 3% on adult-use sales.
Municipalities would have the option of limiting or banning adult-use cannabis sales within their jurisdictions if approved by voters in a local referendum.
Upon the effective date of the adult-use portion of the amendment (Dec. 8, 2022), an existing medical facility licensee may request its license be converted to a “comprehensive facility” license to participate in the expanded market. Conversion requests not processed within 60 days will be deemed approved.
Over time, Kentucky’s adult-use market will add a minimum of 144 licensed facilities equally distributed among eight congressional districts. At least six of those new businesses in each district must operate as dispensaries, while the remainder will be designated as wholesale facilities, allowing operators to both cultivate and manufacture cannabis products.
Changes Kentucky’s existing medical cannabis law by:Allowing nurse practitioners to issue medical cannabis recommendations to patients; Extending the amount of time that medical cannabis patient and caregiver ID cards are valid, from one year to three years, while keeping that cost at $25; Reducing the current $100 fee in half for Kentuckyans who choose to grow medical cannabis at home, with the expiration period also extended to three years; Protecting patients from loss of parental rights, employment discrimination and “unduly burdensome” administrative penalties; andExtending reciprocity to out-of-state residents with valid medical cannabis cards. ]]>