Kentucky Executive Order

Kentucky Governor Andy Beshear’s Executive Order 2022-798

Governor Andy Beshear issued the Executive Order on November 15, 2022. The Executive Order grants a “full, complete, and conditional pardon to any and all persons who after [January 1, 2023] are accused of possession of marijuana under KRS 218A.1422 . . .”
 

The Executive Order became effective January 1, 2023. It does not apply to—meaning it provides no legal protection from—activities involving possession of marijuana that occurred prior to that date. 

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Required Conditions

The Executive Order is “conditional.” The Executive Order only grants a gubernatorial pardon “if and only if all of the following conditions are satisfied”:

• The medical cannabis was lawfully purchased in a US jurisdiction outside of Kentucky.

• The individual produces a written proof of purchase showing the date, place, and physical location of the place of purchase.

• The amount of medical cannabis was legal in the jurisdiction of purchase and does not exceed 8 ounces.

• The individual produces a written certification by a licensed healthcare provider that they have been diagnosed with a specified medical condition. That's where we come in!

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Important Notes

It's important to note that all conditions of the order as stated above must be met for the written certification provided by our doctor to have any validity.

Also, keep in mind that the pardon granted is limited. It only applies to the criminal offense of possession of marijuana; it doesn't grant immunity or provide a legal defense to any other criminal offense.

Governor Beshear can rescind the order in the future, and he likely will when the new marijuana law takes effect. When the medical marijuana laws take effect in 2025, you will need to come back and see a doctor to get your medical marijuana card. The written certifications we are currently issuing are separate and unrelated to the medical marijuana cards we will issue in 2025.

Note that even if you are eligible for the pardon, a local or state prosecutor or law enforcement officer isn't prohibited from instituting criminal prosecution or taking enforcement action. All the pardon means is that you can not be indicted by a grand jury or criminally convicted.

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Where We Come In!

Thank you for reading all of that important information! We appreciate you taking the time to understand the Executive Order in its entirety. If you'd like to qualify for a pardon, we can help you out! Patients with one or more of the below qualifying conditions can receive a written certification from our licensed healthcare provider, stating that they have been diagnosed with that medical condition.

 

Book your appointment now to meet with our doctor via telemedicine from the comfort of your home. You'll discuss your condition and receive your written certification if you qualify.

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Qualifying Conditions for the Pardon

To qualify for a pardon under the Executive Order, you must have one of the following qualifying conditions along with the other requirements listed above:

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• Cancer

• Amyotrophic lateral sclerosis (ALS) or Lou Gehrig’s disease

• Epilepsy

• Intractable seizures

• Parkinson’s disease

• Crohn’s disease

• Multiple sclerosis

• Sickle cell anemia

• Severe and chronic pain

• Post-traumatic stress disorder (PTSD)

• Cachexia or wasting syndrome

• Neuropathies

• Severe arthritis

• Hepatitis C

• Fibromyalgia

• Intractable pain

• Muscular dystrophy

• Huntington’s disease

• Human immunodeficiency virus (HIV) or acquired immune deficiency syndrome (AIDS)

• Glaucoma

• A terminal illness