Conversations about marijuana frequently come up in Kentucky General Assembly sessions. And this year is no different as lawmakers have debated and voted on measures connected to the usage of the plant widely grown in the Commonwealth.
For decade upon decade, tobacco was known as the big cash crop in Kentucky. With health concerns associated with smoking, the number of farms growing burley dropped significantly. But during all this time, marijuana, although illegal, was often cited as a top cash crop.
In the state capitol annex, from mid-January to the end of March, the halls are active with lawmakers, legislative staff, lobbyists, advocacy reps, reporters, and interested citizens. Newport Democratic Representative Rachel Roberts filed legislation several weeks ago calling for the legalization of cannabis for both medicinal and recreational purposes.
“I’ve tried to put together a really thoughtful plan that does what I think we need to do, which is to regulate cannabis for the public safety and to capitalize on the tax revenue we should be generating from it,” said Roberts.
Roberts says 37 other states have legalized some form of cannabis, and 17 of those states allow full recreational use. Despite that trend, the northern Kentucky lawmaker’s measure on recreational use has not been called up in committee and Roberts doesn’t expect it to be this session.
The Kentucky House did pass narrowly drawn medical marijuana legislation by a 59 to 34 vote. Prior to the vote, Roberts expressed some concern about a medical cannabis only approach.
“It keeps us at the back of the pack, although maybe it moves us up from last place. But, I don’t think it goes anywhere near far enough. And then I worry we’ll be back year after year after year, adding one or two diagnosis, until we’ve met the need. And that we’ll be even later adopters of this and maybe even the last adopters to this,” said Roberts.
Now, that medical cannabis bill is in the Senate. Ralph Alvarado is a doctor and republican senator from Winchester. He does not support legalizing marijuana for recreational or medical use. The central Kentucky lawmaker said it shouldn’t be called a medicine, adding there’s a process to determine what is categorized as a medication.
“I have less difficulty if they said we’re just going to legalize it, like yo would alcohol or tobacco or anything else, and then people can use it for whatever they want. I have a bigger problem when they call it medicine because, first of all the General Assembly doesn’t have a good track record on labeling things appropriate medications,” said Alvarado
One of Kentucky’s best known health advocacy organizations, Foundation for a Healthy Kentucky, has not taken a position on either recreational or medicinal marijuana. Foundation President Ben Chandler understands the argument that marijuana is widely in use already across the Commonwealth.
“If you can’t stop it wouldn’t it be better to legalize it, regulate it, and tax it. And there’s a lot to be said for that position frankly,” said Chandler
Still, Chandler said there’s not sufficient data in studies to make a firm determination about cannabis legalization. He is confident in saying it’s never a good idea to smoke it because of the potential for lung damage.
Dr. David Hudson is the chief medical officer for NewVista Community Mental Health Center in Lexington. He says legalization talk is very concerning, particularly as it relates to the developing brain of adolescents. Although an age restriction of 21 and above is included in legislative proposals, if cannabis becomes legal, Hudson fears more teens will get their hands on the drug.
“Even more concerning to me than accessibility is the perception that if it’s legal, then it’s safe. That’s simply not the case,” said Hudson.
Hudson says there are key areas of the brain affected by the THC in cannabis. He says that can impact such things as planning ability, mood, emotion, and memory. Hudson says there have been cases where marijuana THC has triggered psychotic episodes, even hallucinations, in a group of users.
“About two-thirds of the time those symptoms clear and people recognize that if I don’t use marijuana those symptoms don’t come back. But, one-third of the time, teenagers that use cannabis products, especially these high potency products, even after they stop, their psychosis doesn’t go away. They develop full psychotic disorders like schizophrenia,” explained Hudson.
Hudson added there’s no effective medication treatment for cannabis use problems, but counseling is incredibly important.
Back at the state capitol, supporters of medicinal cannabis have routinely stationed themselves at a table full of marijuana literature that’s located near the cafeteria.
Jaime Montalvo, executive director of Kentuckians for Medicinal Marijuana says the approved House bill doesn’t allow for smoking marijuana. Montalvo said patients need to be approved by the state, the state needs to approve medicinal cannabis retailers, and the products would be tested for quality. He says proposals on recreational use don’t diminish the opportunity for passage of medicinal use.
“Do the other legalization bills hurt ours? I think it actually helps in my opinion, because it shows that we are pushing a very tightly regulated limited bill only for patients needing cannabis,” said Montalvo
Proponents cite medicinal marijuana as beneficial in pain management, relieving spasticity symptoms in various ailments, and as a treatment of nausea associated with cancer treatment.
Hemp products are sold by retailers across the Commonwealth. One such retailer is Botany Bay, located in Lexington’s Woodhill area. Owner Ginny Saville says her first store in Richmond opened in 1997, selling hemp products. Today, she says the store sells every pipe accessory under the sun, jewelry, and a lot of what Saville calls “new agy stuff.”
Saying she favors plants over pills, Saville supports the legalization of marijuana for medicinal and recreational uses. She says Kentuckians should have the liberty to choose it. Saville says she’s spoken with lawmakers about the issue and some express hesitation with the name medicine being associated with it.
“I don’t know, let’s just call it freedom. Call it whatever you want. Put whatever word or face on it that makes you feel good about it. But, I’ve told a whole bunch of them, frankly, I’m a grown-up. You’re not my parent. Even if you were, this isn’t your choice to make for me,” said Saville.
Saville says the first medicinal marijuana bill was filed in 2012 in honor of Gatewood Galbraith who died that year. The Lexington lawyer spoke of hemp’s benefits and medicinal cannabis for years prior to his death. Saville is not sure if her business would offer medical cannabis if its sale became law.
“I can’t decide if I’m interested in getting in on that part of like selling actual cannabis, mostly because in all honesty, I’m so bad at following rules and there’s a lot of rules involved,” added Saville
Saville went on to say if she was any good at following rules, Botany Bay would not exist.
Just days remain in the 2022 Kentucky General Assembly session.
And although the medical cannabis bill emerged from the House, its prospects in the 38 member Senate appear to be very slim. There’s still time, but as one Senate leader said, “the votes are not there.”
