Gov. Beshear confident medical marijuana orders would stand up to legal challenge

Governor Andy Beshear says he’s confident his executive order legalizing the possession and use of small amounts of medical marijuana can stand up to any potential court challenge.

As previously reported, Governor Beshear signed an executive order allowing Kentuckians to possess and use less than eight ounces of marijuana for medical purposes starting Jan. 1.  Kentuckians with at least one of 21 medical conditions, which include cancer, Multiple Sclerosis and PTSD, will be able to buy marijuana in a state where the purchase is legal and regulated with a certification from a licensed health care provider.

Attorney General Daniel Cameron and Senator Whitney Westerfield of Crofton, the chairman of the Senate Judiciary Committee, claim the Governor does not have the power to make marijuana possession legal in Kentucky.

During his Team Kentucky update Thursday, the governor compared his use of the pardon powers to legalize medical cannabis to the restoration of voting rights to some felons and says he’s willing to rescind his orders if lawmakers come to Frankfort and formally legalize the substance.

Governor Beshear says he’s not concerned with any effect the issue could have on the governor’s election next year.

Bills to legalize medical marijuana have been proposed the last several sessions of the General Assembly, but failed to gain enough support to pass.