Q: When is Executive Order 2022-798 effective
Q: Is Executive Order 2022-798 retroactive?
A: No. The order applies January 1, 2023 and after.
Q: Does Executive Order 2022-798 require a person to have a state-issued medical cannabis card?
A: No. The order requires a person to have a written certification from a physician that shows the person has been diagnosed with one of the 21 medical conditions listed in the order.
Q: What must be in a physician’s written certification?
A: The written certification must contain all of the following:
- The patient’s name, date of birth, home address and telephone number;
- The physician’s name, address, telephone number, and professional license number;
- A statement that the physician has a bona fide physician-patient relationship with the patient;
- A statement by the physician that in his or her professional opinion the patient suffers from a medical condition listed in the order.
Q: Is the written certification a prescription?
Q: Does the physician have to recommend medical cannabis in this written certification?
Q: Does Executive Order 2022-798 apply to a Kentucky resident who buys medical cannabis in a state that does not allow non-residents of that state to buy medical cannabis here?
A: No. The order applies only to individuals who lawfully buy medical cannabis in another state.
Q: Other than the written certification, what other documents does Executive Order 2022-798 require?
A receipt or other document showing the place of purchase, the location of the place of purchase, and the date of purchase.
Q: Does Executive Order 2022-798 apply to federal law?
A: No. The order applies only to the Kentucky crime of possession of marijuana and does not apply to any federal law or the laws of any state other than Kentucky.
Q: Does Executive Order 2022-798 apply to a person who possesses medical cannabis on an airplane?
A: No. The order does not apply to federal law that would apply to air travel.
Q: Does Executive Order 2022-798 apply to people in Kentucky who grow or sell cannabis?
A: No. The order applies only to possession of 8 ounces or less of medical cannabis. It does not apply to any person who grows, produces, sells, or distributes medical cannabis.
Q: Are Nurse Practitioners allowed to provide the written certification?
A: No. The written certification must be provided by a physician.
Q: Does Executive Order 2022-798 apply to a caregiver who possesses medical cannabis?
A: Yes. The order applies to a caregiver age 21 years or older who has significant responsibility for managing the well-being of the individual the caregiver lawfully bought the medical cannabis for. If in possession of the medical cannabis, the caregiver must have a written document showing that he or she is a caregiver for the person. This written document is not required for a parent or legal guardian of the individual.
Q: What does Executive Order 2022-798 do?
A: The order pardons an individual who on or after January 1, 2023, is accused of the crime of possession of marijuana under KRS 218A.1422.