Medical Cannabis on Kentucky Ballots in Counties and Cities

Kentucky Voters to Decide Fate of Medical Cannabis Operations in November Referendums

Voters in dozens of cities and counties across Kentucky will head to the polls this November to decide whether medical cannabis businesses will be permitted in their areas. The upcoming ballot referendums will determine the fate of medical marijuana operations as Kentucky’s new cannabis program is set to launch on January 1, 2025.

The program, established by legislation passed in 2023 and modified by a subsequent bill this year, mandates statewide medical marijuana access for patients. However, it also grants local governments the authority to opt out of permitting cannabis businesses, either through ordinances or ballot referendums.

Over 100 localities have opted for referendums this fall, asking residents to vote on whether to allow medical marijuana growers, dispensaries, processors, or compliance facilities. This decision-making process mirrors the “wet/dry” votes historically used to regulate alcohol sales.

Although many of Kentucky’s most populous areas, including Jefferson and Fayette counties, have opted to permit medical cannabis businesses, approximately 30% of the state’s population will weigh in on the matter this November. Some counties and cities, representing 12% of Kentucky’s population, have already opted out of the program and will not have ballot referendums.

Local jurisdictions that do not take action via ordinance or referendum are automatically included in the medical cannabis program, including their cities. Conversely, if a county opts out, its cities are also excluded unless those cities independently choose to opt in.

Despite potential restrictions on medical cannabis business operations in certain areas, all patients with valid medical cannabis cards will be able to possess and use their medication statewide, regardless of local regulations.

Patchwork of Cannabis Laws Expected Across the State

The upcoming vote could lead to a patchwork of cannabis laws throughout Kentucky. Regions and individual counties may adopt varying regulations regarding medical cannabis dispensaries and facilities. For example, while Jefferson and Fayette counties are set to allow medical cannabis businesses, northern Kentucky’s densely populated counties are experiencing mixed responses.

In Kenton County, the largest city, Covington, has opted in, while surrounding cities such as Independence and Elsmere will decide through referendums. Campbell County shows a similar split, with Newport and Dayton opting in, while other cities will vote on the issue. Boone County’s Florence and Union will also face referendums, affecting a significant portion of the county’s population.

South central Kentucky, including counties like Allen and LaRue, has largely opted out, prohibiting medical cannabis operations. In contrast, many eastern Kentucky counties are either allowing businesses or putting the matter to a vote.

In Floyd County, voters in Prestonsburg will decide on two separate ballot questions—one for the city and another for the county. Additionally, other cities such as Mount Washington and Georgetown will also vote on both city and county referendums.

Medical Cannabis Application Process

Kentucky’s Office of Medical Cannabis began accepting business license applications on July 1, with the application window closing soon. Licenses will be awarded through a lottery system starting in October. Not all jurisdictions that opt in will necessarily see a cannabis business established, due to the limited number of licenses available.

Local governments, including Louisville Metro, have already set zoning ordinances for cannabis businesses. Jurisdictions that do not finalize their stance on medical cannabis by the end of 2024 may still opt out in future years, but businesses licensed before a jurisdiction opts out will be grandfathered in.

As of now, no political action committees have filed to influence the referendums, unlike the active campaigns seen in previous “wet/dry” votes. In the past decade, Kentucky has seen a significant shift from “dry” counties to the current landscape with only a few remaining.

With November’s votes looming, Kentucky is poised for a significant decision on the future of medical cannabis across the state.