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(KY) GOV. MATT BEVIN AND AG ANDY BESHEAR GET SUED OVER MEDICAL MARIJUANA!


BECAUSE THIS STORY IS SO IMPORTANT IN KENTUCKY I HAVE INCLUDED TWO SOURCES OF INFORMATION.

PLEASE FOLLOW THE LINK TO THE VIDEO BELOW TO HEAR THE PRESS CONFERENCE WHICH WAS AIRED ON WLKY.

THE LAWSUIT WAS FILED TODAY, JUNE 14TH, 2017, IN JEFFERSON COUNTY KENTUCKY AGAINST GOV. MATT BEVIN AND AG ANDY BESHEAR BY DANNY BELCHER OF BATH COUNTY, AMY STALKER OF JEFFERSON COUNTY, AND DAN SEUM JR OF JEFFERSON COUNTY.

ky mj lawsuit

ABOVE:  LINK TO PRESS CONFERENCE VIDEO ON WLKY

FACEBOOK – WLKY PRESS CONFERENCE WITH COMMENTS

Mark Vanderhoff Reporter

FRANKFORT, Ky. —

Three people are suing Kentucky Gov. Matt Bevin and Attorney General Andy Beshear over Kentucky’s marijuana laws, claiming their rights are being violated by not being able to use or possess medicinal marijuana.

The lawsuit, filed Wednesday morning in Jefferson Circuit Court, was filed on behalf of Danny Belcher of Bath County, Amy Stalker of Louisville and Dan Seum Jr., son of state Sen. Dan Seum, R-Fairdale.

Seum turned to marijuana after being prescribed opioid painkillers to manage back pain.

“I don’t want to go through what I went through coming off that Oxycontin and I can’t function on it,” he said. “If I consume cannabis, I can at least function and have a little quality of life.”

The plaintiffs spoke at a press conference Wednesday afternoon.

Seum does not believe the state can legally justify outlawing medical marijuana while at the same time allowing doctors to prescribe powerful and highly addictive opioids, which have created a statewide and national epidemic of abuse.

That legal justification lies at the heart of the plaintiffs’ legal challenge, which claims Kentucky is violating its own constitution.

The lawsuit claims the prohibition violates section two of the Kentucky Constitution, which denies “arbitrary power,” and claims the courts have interpreted that to mean a law can’t be unreasonable.

“It’s difficult to make a comparison between medical cannabis and opioids that are routine prescribed to people all over the commonwealth, all over the country, and say that there’s some sort of rational basis for the prohibition on cannabis as medicine when we know how well it works,” said Dan Canon, who along with attorney Candace Curtis is representing the plaintiffs.

The lawsuit also claims Kentucky’s law violates the plaintiffs’ right to privacy, also guaranteed under the state constitution.

Spokespeople for Gov. Bevin and Beshear say their offices are in the process of reviewing the lawsuit.

In a February interview on NewsRadio 840 WHAS, Bevin said the following in response to a question about whether he supports medical marijuana:

“The devil’s in the details. I am not opposed to the idea medical marijuana, if prescribed like other drugs, if administered in the same way we would other pharmaceutical drugs. I think it would be appropriate in many respects. It has absolute medicinal value. Again, it’s a function of its making its way to me. I don’t do that executively. It would have to be a bill.”  CONTINUE READING…

Lawsuit challenges Kentucky’s medical marijuana ban

By Bruce Schreiner | AP June 14 at 6:38 PM

LOUISVILLE, Ky. — Kentucky’s criminal ban against medical marijuana was challenged Wednesday in a lawsuit touting cannabis as a viable alternative to ease addiction woes from opioid painkillers.

The plaintiffs have used medical marijuana to ease health problems, the suit said. The three plaintiffs include Dan Seum Jr., the son of a longtime Republican state senator.

Another plaintiff, Amy Stalker, was prescribed medical marijuana while living in Colorado and Washington state to help treat symptoms from irritable bowel syndrome and bipolar disorder. She has struggled to maintain her health since moving back to Kentucky to be with her ailing mother.

“She comes back to her home state and she’s treated as a criminal for this same conduct,” said plaintiffs’ attorney Daniel Canon. “That’s absurd, it’s irrational and it’s unconstitutional.”

Stalker, meeting with reporters, said: “I just want to be able to talk to my doctors the same way I’m able to talk to doctors in other states, and have my medical needs heard.” CONTINUE READING…

Kentucky "Cannabis Freedom Act" Summary


legalize-marijuana-leaf-red-white-blue-flag-300x300

Kentucky Cannabis Freedom Coalition·Saturday, December 12, 2015

Cannabis Freedom Act Summary

Section 1

(New Section of KRS Chapter 245)

Definitions

Section 2

(New Section of KRS Chapter 245)

Personal possession, use, and cultivation limits

Persons 21 years and older may:

Possess up to 1 ounce of cannabis on their person;

Cultivate up to 5 cannabis plants;

Store excess cannabis lawfully grown for personal use at the location where it was cultivated; or

Transfer up to 1 ounce of cannabis to another person age 21 or older without remuneration

Possession exemption for persons under 21 if recommended by a licensed physician

Section 3

(New Section of KRS Chapter 245)

Prohibition on smoking cannabis in public

Maximum penalty: $100 fine

Section 4

(New Section of KRS Chapter 245)

Prohibitions on access to retail cannabis facilities,

Persons under 21 years of age shall not:

o Enter retail cannabis facilities to purchase cannabis or cannabis products;

o Possess, purchase, or attempt to possess or purchase cannabis or cannabis products;

o Misrepresent their age or use false identification to induce an illegal sale of cannabis or cannabis products; or

o Remain on any premises that sells cannabis or cannabis products

Licensees, their agents, or employees are prohibited from permitting persons under 21 years of age from remaining on any premises where cannabis and cannabis products are sold.

o Maximum penalty: Class B misdemeanor

Section 5

(New Section of KRS Chapter 245)

Prohibition on unlawful possession of cannabis

Maximum penalty: $250 fine

Section 6

(New Section KRS Chapter 245)

Personal cultivation requirements

Person who chooses to cultivate for personal consumption must take reasonable precautions to ensure that any cannabis or cannabis plants are secure from unauthorized access and access by persons under twenty-one years of age.

Persons shall only cultivate cannabis for personal consumption on property that they own or with the consent of the person in lawful possession of the property.

o Maximum penalty: $500 fine

Section 7

(New Section KRS Chapter 245)

Prohibition on unlawful cultivation of cannabis (ULCC) with the intent to sell or transfer it for valuable consideration ULCC of 11 or more cannabis plants

o Maximum penalty: Class D felony

ULCC of 6-10 cannabis plants

o Maximum penalty: Class A misdemeanor

ULCC of 5 or fewer cannabis plants

o Maximum penalty: Class B misdemeanor

ULCC of six or more cannabis plants creates a presumption that unlawful cultivation was for sale or transfer

Section 8

(New Section of KRS Chapter 245)

Department of Alcoholic Beverage and Cannabis Control (ABCC) to promulgate administrative regulations to implement various aspects of Act within 180 days of the Act becoming law.

Section 9

(New Section of KRS Chapter 245)

ABCC to create licenses to operate the following cannabis-related entities:

Cannabis cultivation facility;

Cannabis processing facility;

Cannabis testing facility; or

Retail cannabis facility.

Licenses created pursuant to this section shall cost $5,000 and be valid for 12 months from the date of issuance

Section 10

(New Section of KRS Chapter 245)

Licensure requirements

Applicant must pay nonrefundable $100 application fee which will be applied to their licensing fee if a license is issued to the applicant

ABCC shall:

Create uniform license application form;

Issue a license to an applicant unless:

o The applicant has been convicted of crime which would qualify them as a violent offender;

o The applicant falsifies information on the application for a license; or

o The applicant has had a previous license issued by ABCC revoked within the 12 months prior to the reapplication.

Section 11

(New Section of KRS Chapter 245)

Excise tax imposed on licensees operating cannabis cultivation facilities selling or transferring cannabis to either a cannabis processing facility or a retail cannabis facility.

Effective January 1, 2017:

$30 per ounce on all cannabis flowers

$10 per ounce on all parts of the cannabis plant other than the flowers

$10 per immature cannabis plant

Reporting requirements

Department of Revenue may prescribe forms and promulgate administrative regulations to collect taxes created under this section

Section 12

(New Section of KRS Chapter 245)

Creates a revolving trust and agency account from licensure, renewal, and administrative fees Account to be used for the enforcement of the Act by ABCC

Section 13

(New Section of KRS Chapter 245)

The Kentucky Responsible Cannabis Use Program (KRCUP) fund is created as a restricted fund

The KRCUP fund is comprised off all the excise tax revenue collected under Section 11 of the Act and all the sales and use tax revenue collected on cannabis and cannabis products.

The proceeds contained in the fund are to be distributed according to the following formula:

30% of funds to go the public school fund to support education excellence in Kentucky (SEEK);

20% of funds to go to the Kentucky Department of Education for scholarships based on socioeconomic need for students to attend public institutions of postsecondary education in Kentucky;

20% of funds to go to the Office of Drug Control Policy to dispense grants to substance abuse treatment programs that employ evidence-based behavioral health treatments or medically assisted treatment;

15% of funds to go to the Kentucky Law Enforcement Council to dispense grants to county and local law enforcement agencies to buy protective equipment, communications equipment, and training; and

15% shall be deposited into the general fund.

Section 14

(New Section of KRS Chapter 245)

$500 Civil penalty for each violation of KRS Chapter 245

$1000 Civil penalty for failing to maintain written tax records and reports required by the Department of Revenue

Section 15

(New Section of KRS Chapter 245)

Corporate and individual liability for violations of KRS Chapter 245

Section 16

(New Section of KRS Chapter 245)

Cannabis or cannabis products which are held, owned, or possessed by any person other than those authorized by KRS Chapter 245 is declared contraband.

The ABCC can dispose of contraband cannabis and cannabis products using the same procedures and protocols that they currently use for contraband alcoholic beverages.

Section 17

(New Section of KRS Chapter 100)

Prevents local political subdivisions with zoning power from:

Using their zoning power to institute a moratorium on cannabis-related entities;

Using their zoning power to discriminate against cannabis-related entities by treating them differently from other similar entities;

Using their zoning power to impose more stringent security requirements than those required by ABCC; or Imposing additional fees in excess of what other applicants seeking to operate a business are charged.

Section 18

(New Section of KRS Chapter 65)

Prevents county and local governments from instituting de facto or de jure moratoriums on cannabis related entities.

Section 19

(New Section of KRS Chapter 311)

Allows any licensed physicians acting in good faith to recommend cannabis or cannabis products to their patients.

Physicians who recommend cannabis or cannabis products to patients under the age of 18 must obtain parental consent and a second recommendation from another licensed physician.

Provides civil, criminal, and licensing immunity to physicians who, in good faith, recommend cannabis or cannabis products.

Section 20

(Amends KRS 12.020)

Renames the Department of Alcoholic Beverage and Cannabis Control

Establishes the Division of Cannabis

Section 21

(Amends KRS 241.010)

Amends definition of “board” and “department” to reflect the addition of cannabis

Section 22

(Amends KRS 241.015)

Renames the Department of Alcoholic Beverage and Cannabis Control

Section 23

(Amends KRS 241.020)

Empowers the Department of Alcoholic Beverages and Cannabis Control to regulate traffic in cannabis and cannabis products.

Creates the Division of Cannabis to administer the laws in relation cultivation, processing, testing, and sale of cannabis and cannabis products.

Section 24

(Amends KRS 241.030)

Adds one appointed position to the Alcoholic Beverage and Cannabis Control Board to act as director of the Division of Cannabis.

Section 25

(Amends KRS 2.015)

Amends the age of majority statute in regards to cannabis.

Section 26

(Amends KRS 218A.010)

Removes the definition of marijuana from Kentucky’s Controlled Substances Act.

Section 27

(Amends KRS 218A.050)

Removes marijuana, tetrahydrocannabinols, and hashish from the list of Schedule I controlled substances.

Section 28

(Amends KRS 218A.510)

Removes references to marijuana and hashish from the definition of drug paraphernalia.

Section 29

(Amends KRS 260.850)

Removes industrial hemp from the definition of cannabis.

Section 30

(Amends KRS 600.020)

Includes cannabis offenses in the definition of status offense action under Kentucky’s Juvenile Code.

Section 31

(Amends KRS 610.010)

Grants jurisdiction of juvenile cases involving cannabis to either the juvenile session of District Court or the family division of the Circuit Court.

Section 32

(Amends 630.020)

Adds cannabis offenses to list of status offenses which have to be adjudicated in juvenile court.

Section 33

(Amends KRS 218A.276)

Removes obsolete reference to marijuana statutes that would be repealed if this Act becomes law.

Section 34

(Amends KRS 630.120)

Prevents juveniles who are adjudicated guilty of cannabis offenses from being committed to the Department of Juvenile Justice for detention (mirrors alcohol and tobacco offenses).

Section 35

(Amends KRS 131.650)

Removes obsolete reference to a taxing statute which would be repealed if this Act becomes law.

Section 36

(Repeals KRS 138.870, 138.872, 138.874, 138.876, 138.878, 138.880, 138.882,138.884, 138.885, 138.886, 138.888, 138.889, 218A.1421, 218A.1422, 218A.1423)

Section 37

(Short Title: Cannabis Freedom Act)

INFORMATION SOURCE LINK

UPDATED LINK TO THE KENTUCKY LEGISLATURE WILL BE POSTED WHEN AVAILABLE!

Ky. senator files ‘Cannabis Freedom Act’


4:42 p.m. EST December 11, 2015

MEXICO-MARIJUANA-GREENHOUSE

FRANKFORT, Ky. (WHAS11)Kentucky Senator Perry B. Clark (D-Louisville) pre-filed an act that would legalize and regulate cannabis in a similar way the Bluegrass State handles alcohol.

The bill would repeal Kentucky’s prohibition on marijuana cultivation, possession and sale. Instituted in its place would be a "regulatory framework designed to promote public safety and responsible cannabis consumption by persons over 21 years of age."

RELATED: Ohio could be first to legalize medicinal and recreational pot

Clark states that cannabis should be treated in a similar light as alcohol.

“It is abundantly clear to me that cannabis, while being much less harmful, should be treated the same as alcohol,” said Clark. “The Cannabis Freedom Act is an outline on how to tax and regulate the sale of marijuana to adults 21 and older in Kentucky. It is time for this discussion in our Commonwealth.”

RELATED: Founder of ‘Church of Cannabis" won’t use pot at service

Highlighted in the announcement is that tax dollars generated from the new commerce would go to supplement Kentucky’s public schools, post-secondary institutions and scholarships.

Portions of the revenue generated would also go toward "evidence-based substance abuse treatment programs."

“This is a common sense proposal that moves Kentucky positively forward,” Clark said.

The proposed bill will be considered during the 2016 Legislative Session, which convenes Tuesday, Jan. 5th, 2016.

CONTINUE READING…

COMFYTREE PRESENTS A SYMPOSIUM IN LOUISVILLE AND LEXINGTON KENTUCKY ON JANUARY 11TH AND 12TH


 

THE U.S. MARIJUANA PARTY OF KENTUCKY HAS BEEN INVITED TO PARTICIPATE IN THIS IMPORTANT EVENT IN OUR STATE…

CTC Cannabis Academy KY Palm,

SPEAKERS INCLUDE BUT NOT LIMITED TO REV. MARY THOMAS-SPEARS SPEAKING ON BEHALF OF REPEAL OF PROHIBITION OF THIS PLANT AND HOW REPEAL WILL END THE WAR ON CANNABIS FOR EVERYONE.

PLEASE PLAN TO ATTEND ….