Will I have to give up my gun for a KY medical marijuana card? Answering your questions
Kentucky issued thousands of medical cannabis cards at the end of January as businesses scale up their operations for the eventual start of marijuana sales this year.
State officials have been building Kentucky’s legal medical cannabis program for months, and after awarding business licenses for cultivation and retail sales late last year, began accepting cardholder applications Jan. 1.
If you’re curious about how the application process works and what rules apply to cardholders, we’ve got you covered. We’ve compiled answers to some of the most common questions posed to state officials with the Kentucky Office of Medical Cannabis during recent informational webinars.
Does using medical marijuana in Kentucky mean I cannot own guns?
The simple answer to this question is yes, you cannot own a firearm and be a cannabis cardholder in Kentucky. This is because marijuana is still classified as a Schedule I drug at the federal level.
Federal law, specifically the Gun Control Act of 1968, prohibits anyone who is an “unlawful user of or addicted to any controlled substance” from owning or purchasing firearms, as explained by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
While medical cannabis is legal in Kentucky, it does not override federal law.
For his part, Gov. Andy Beshear has called on Kentucky’s congressional delegation to support amending federal gun control laws to create an exemption for medical marijuana patients.
“Currently, law-abiding citizens who elect to participate in state legalized medical cannabis programs like Kentucky’s have their Second Amendment rights to purchase or possess a firearm impacted,” Beshear said during a Jan. 30 news conference. “No law-abiding Kentuckian, or American for that matter, should have to choose between a constitutional right... and getting the medication that they need.”
When purchasing a firearm at a licensed dealer, buyers are required to complete ATF form 4773, which asks them whether they are an “unlawful user” of marijuana, among other federally controlled substances. The form notes “the use or possession of marijuana remains unlawful under federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.”
Medical marijuana cardholders in Kentucky would be required to check “yes,” thus disqualifying them from purchasing the firearm.
Providing false information on the form is a federal offense that could lead to serious prison time upon conviction. If you want to use marijuana for medicinal purposes in Kentucky and happen to own any firearms, you should consult an attorney about your options.
The Herald-Leader reached out via email to a state spokesperson for the Office of Medical Cannabis about whether cardholder applicants are asked about their gun-ownership status during the application process but did not receive an immediate response Thursday.
How do I get a card? What are the requirements in Kentucky?
To qualify for a Kentucky-issued medical cannabis card, you have to be a resident of the state, be at least 18 years old and have no conviction of a “disqualifying felony offense.” There is also a temporary card for visitors to the state and a process for patients younger than 18.
You also need to obtain an electronic certification from an authorized medical cannabis practitioner, such as a doctor or advanced practice registered nurse who registered with the state. The state offers a directory of qualified providers online at kymedcan.ky.gov.
That certification proves you have at least one of the six qualifying medical conditions that make you eligible to use cannabis in Kentucky.
Those conditions include:
Any type or form of cancer
Chronic or severe pain
Epilepsy or other intractable seizure disorder
Multiple sclerosis, muscle spasms or spasticity
Chronic nausea or cyclical vomiting syndrome
Post-traumatic stress disorder
For a full walk-through, check out our guide to applying for a medical cannabis card in Kentucky.
How much does a card cost and how often do you have to reapply?
The application cost of a medical cannabis card in Kentucky is a $25 annual fee. It’s a low price point Kentucky’s medical cannabis program director touted during a Jan. 15 webinar for people seeking to become cardholders.
“It’s one of the lowest ever in the country. We’re very proud of this,” Sam Flynn, executive director of the Office of Medical Cannabis said.
While the application cost is low, patients will likely encounter additional expenses as they’re gathering the necessary documentation they need to apply for a card. For one, you’ll need a notarized signature page, as well as the certification from a health care provider.
The certification requires a “bonafide” practitioner-patient relationship, which Flynn said requires an initial, in-person visit to an authorized doctor or APRN. So you have to factor in the cost of a consultation, as well.
“So the doctor is going to have to talk to you about your medical history. They’re going to have to review your medical records, so make sure you get those handy. They’re going to have to review your prescription drug history and any prescription drugs you may be taking,” Flynn said.
While you’re in the process of applying, be aware of scams and fraudulent services offering you a quick and easy path to a card. There have been reports of patients paying expensive fees to procure a card, which is ultimately phony. Genuine, state-issued medical cannabis cards will have bar codes attached to your doctor’s certification.
How long does it take to get a card in Kentucky? How much marijuana can I buy?
After you successfully apply for the card, the state’s medical cannabis program has 30 days to review your application. Once approved, you’ll receive your card electronically and be prompted to download it.
State officials have recommended cardholders keep electronic and printed paper copies of their card. You’ll need it in order to purchase from dispensaries once they open in Kentucky, and you could be asked to provide it if you’re pulled over while transporting marijuana.
How much cardholders can purchase at a time will vary by patient.
In-state cardholders can purchase amounts specified by the doctor or APRN who issued the certification. The most a cardholder can buy is a 30-day supply during a 25-day period, according to the Office of Medical Cannabis.
Designated caregivers can purchase up to a 30-day supply for each registered patient they assist during a 25-day period.
Visiting cardholders from other states can buy up to a 10-day supply during an 8-day period.
It remains illegal in Kentucky to smoke marijuana. It must be vaped or consumed via edibles, oils and tinctures. Vaping marijuana on public transportation or in any public place is also illegal.
Are there employment protections in place for cardholders?
In Kentucky, the answer to that question is no.
Employers here are free to continue enforcing drug-free workplaces and zero-tolerance policies, which is explicitly laid out in the law.
Can I bring back medical marijuana from another state?
The simple answer is that’s just not a good idea.
Regardless of what Kentucky law says about marijuana, it remains a Schedule I drug at the federal level. This makes it a federal crime to transport across state borders, even between two states where medical marijuana is legal, such as Ohio and Kentucky.
According to Florence-based law firm of Hoffman, Walker and Knauf, “the safest legal course is not to transport marijuana across state lines. If you rely on medical marijuana for health reasons, it may be necessary to consider relocating to a state where it is legally permitted and where you can use it without fear of legal consequences.”
I have more questions. Can I talk to someone for more information?
Yes, you should reach out to the Kentucky Office of Medical Cannabis call center at 833-727-2828. A representative there can walk you through qualifications, the application process and any other questions you may have about medical cannabis cards in Kentucky.
Do you plan to apply for a medical marijuana card in Kentucky? Our service journalism team would like to talk with you. Give us some information with the form below or email ask@herald-leader.com.