UNOFFICIAL COPY 23 RS BR 1037
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AN ACT proposing to create a new section of the Constitution of Kentucky relating 1
to medical cannabis. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
SECTION 1. IT IS PROPOSED THAT A NEW SECTION BE ADDED TO 4
THE CONSTITUTION OF KENTUCKY TO READ AS FOLLOWS: 5
(1) The right of an individual to obtain, possess, or use cannabis when 6
obtained, possessed, or used pursuant to a valid prescription issued by a medical 7
professional shall be guaranteed in this state and shall not be subject to any criminal 8
sanction. 9
(2) The right of a medical professional to prescribe, dispense, or distribute 10
cannabis for medical purposes shall be guaranteed in this state and shall not be subject 11
to any criminal sanction. 12
(3) The right of a pharmacist to dispense or distribute cannabis for medical 13
purposes shall be guaranteed in this state and shall not be subject to any criminal 14
sanction. 15
(4) The General Assembly may by general law regulate and control the 16
individuals who may obtain, possess, prescribe, dispense, or distribute cannabis for 17
medical purposes. 18
Section 2. This amendment shall be submitted to the voters of the 19
Commonwealth for their ratification or rejection at the time and in the manner provided 20
for under Sections 256 and 257 of the Constitution, KRS 118.415, and Sections 3 and 4 21
of this Act. The following shall be printed on the ballot: 22
"Are you in favor of amending the present Constitution of Kentucky to add a new 23
section of the Constitution of Kentucky to allow individuals to obtain, possess, or use 24
cannabis for medical purposes, to allow medical professionals to prescribe, dispense, or 25
distribute cannabis for medical purposes, and to allow pharmacists to dispense or 26
distribute cannabis for medical purposes, as regulated and controlled by the General 27 UNOFFICIAL COPY 23 RS BR 1037
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Assembly? 1
Proposed New Section 2
(1) The right of an individual to obtain, possess, or use cannabis when 3
obtained, possessed, or used pursuant to a valid prescription issued by a medical 4
professional shall be guaranteed in this state and shall not be subject to any criminal 5
sanction. 6
(2) The right of a medical professional to prescribe, dispense, or distribute 7
cannabis for medical purposes shall be guaranteed in this state and shall not be subject 8
to any criminal sanction. 9
(3) The right of a pharmacist to dispense or distribute cannabis for medical 10
purposes shall be guaranteed in this state and shall not be subject to any criminal 11
sanction. 12
(4) The General Assembly may by general law regulate and control the 13
individuals who may obtain, possess, prescribe, dispense, or distribute cannabis for 14
medical purposes.". 15
Section 3. Notwithstanding any provision of KRS 118.415 to the contrary, the 16
Secretary of State shall cause the question relating to the proposed amendment to the 17
Constitution of Kentucky and the entirety of the proposed amendment to the Constitution 18
of Kentucky contained in Section 2 of this Act to be published at least one time in a 19
newspaper of general circulation published in the state, and shall also cause to be 20
published at the same time and in the same manner the fact that the amendment will be 21
submitted to the voters for their acceptance or rejection at the next regular election at 22
which members of the General Assembly are to be voted for. The publication required by 23
this section and KRS 118.415 shall be made no later than the first Tuesday in August 24
preceding the election at which the amendment is to be voted for. 25
Section 4. Notwithstanding any provision of KRS 118.415 to the contrary, the 26
Secretary of State, not later than the second Monday after the second Tuesday in August 27 UNOFFICIAL COPY 23 RS BR 1037
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preceding the next regular election at which members of the General Assembly are to be 1
chosen in a year in which there is not an election for President and Vice President of the 2
United States, or not later than the Thursday after the first Tuesday in September 3
preceding a regular election in a year in which there is an election for President and Vice 4
President of the United States, shall certify the entirety of the proposed amendment to the 5
Constitution of Kentucky contained in Section 1 of this Act and the question relating to 6
the proposed amendment contained in Section 2 of this Act to the county clerk of each 7
county, and the county clerk shall have the entirety of the amendment, as so certified, 8
indicated on the ballots provided to the voters in paper or electronic form as applicable to 9
the voting machines and voting systems in use in each county or precinct. 10
Section 5. Should the voters at the election ratify this amendment, in the 2025 11
Regular Session of the General Assembly, the General Assembly shall by general law 12
propose an amendment to the Constitution of Kentucky to provide for the right of an 13
individual twenty-one years of age or older to cultivate, harvest, store, possess, use, buy, 14
or sell cannabis and the individual shall not be subject to any criminal sanction. The 15
amendment proposed in 2025 shall provide that the General Assembly may by general 16
law regulate and control the production, processing, and sale of cannabis and cannabis-17
related products. 18