Recreational marijuana may finally become a reality in Kentucky
Northern Kentucky Rep. Rachel Roberts, a Democrat, aims to legalize recreational marijuana use through a new House Bill, which would make Kentucky the fifth state to do so in the past year. Voters in the November 2020 election legalized recreational use in Arizona, Montana, New Jersey and South Dakota.
Roberts, who lives in Newport, filed HB 467 on Feb. 10. In addition to legalizing the recreational use of marijuana, it would also clear criminal records for those with marijuana-related misdemeanors.
Roberts estimates in a press release that the new tax revenue generated by legalizing the recreational use of marijuana in Kentucky would be roughly $100 million annually.
“Fifteen states, including neighboring Illinois, have legalized cannabis and are reaping its considerable benefits,” Roberts says. “Kentucky has been desperate for new revenue for years to deal with rising costs in education, public employee pensions and healthcare.”
Roberts posted additional thoughts to Twitter on Feb. 12.
“Make no mistake, cannabis is being grown, sold, and consumed in Kentucky right now, it just isn’t regulated or taxed. Let’s end the prohibition on cannabis and generate much-needed revenue for the Commonwealth,” she tweeted.
Under Roberts’ plan, 25% of the new cannabis revenue will be spent to fund addiction treatment, “to reduce the Commonwealth’s opioid epidemic,” according to the press release. The new revenue also will go towards boosting educational and economic opportunities for minority groups, who Roberts says have been disproportionately affected by the war on drugs.
On Feb. 20, 2020, the state House approved medical use of marijuana in Kentucky in a 65-30 vote, as reported in Louisville’s Courier Journal. Roberts says the current Bill 467 closely “mirrors” former Rep. Cluster Howard’s bill at the time.
“He deserves a lot of credit for the hard work he did in moving this issue forward,” Roberts says in her press release.
That medical cannabis legalization effort eventually died in the Senate, but Rep. Jason Nemes reintroduced the issue to the House via HB 136 in January.
Roberts’ bill for recreational marijuana will be considered during the remainder of the General Assembly’s 2021 legislative session that will end in late March.
“It is time to take advantage of the revenue from this growing market and stop the illegal trafficking of marijuana,” says Rep. Roberts.
Roberts’ proposed legislation includes the following:
- Home growers of cannabis would pay $250 for a permit. This would mean they could have up to five mature plants and five immature plants in their possession.
- Any other licensees would have to pay fees based on their size.
- Anyone with a prior misdemeanor marijuana conviction that hasn’t been expunged, or anyone who has been convicted of a felony in the past five years, or other controlled-substance crime within the past two years would be unable to purchase a license.
- Each Kentucky county could have at least two cannabis retailers. Larger counties would be prohibited from having more than one retailer per 2,300 people. Retailers could only sell marijuana-related products.
- Cannabis sales would be limited to people over 21 years of age. Smoking marijuana in public would be prohibited.
- Kentucky’s Alcoholic Beverage Control Board would oversee four kinds of cannabis licensing — cultivator, processor, tester, and retailer, and each would require an annual renewal.
- 25% of new cannabis tax revenue would go toward addiction treatment for KY’s opioid epidemic as well as funding more educational and economic opportunities for minorities who have been “disproportionately” affected by the war on drugs.
- The remaining funds from the tax revenue would be placed in the General Fund to give flexible spending as needs change over time.
- Additionally, money would be provided to help establish the agricultural and regulatory frameworks needed to make this legislation successful.
- A permanent legislative committee would give oversight.
Read HB 467 in more detail here.
This article appears in Feb 1-28, 2021.