“We are asking the Council to adopt a Lowest Law Enforcement Priority for cannabis possession in Jefferson County”

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RE: LOUISVILLE METRO COUNCIL AND MARIJUANA                 ENFORCEMENT.

Dan Seum

3 hrs ·

We will be addressing Metro Council this evening at 6:00.

 We are asking the Council to adopt a Lowest Law Enforcement Priority for cannabis possession in Jefferson County.

No more arrests Or citations for simple cannabis possession!

We have support in the council and we need the support of those who are skeptical….Please attend this meeting, and subsequent meetings, to show support for the Ordinance…Below is the written speech that I will use to plea for the ordinance…

Let’s Fill the room!

My name is Dan Seum, Jr.

I represent the majority of Kentucky and Jefferson County Citizens who believe cannabis should be legalized for medicinal and responsible adult use.

Polls throughout Kentucky have proven that the majority of our voting public support cannabis legalization. A most recent poll conducted by WHAS in Jefferson County reported over 85% approve of legalization to help with Kentucky’s pension crisis.

The enforcement of marijuana possession laws needlessly ensnares thousands of our otherwise law-abiding citizens into the criminal justice system and wastes millions of Kentucky taxpayers’ dollars that could be better invested in our communities. What’s more, it is carried out with staggering racial bias. Despite being a priority for police departments nationwide, the War on Marijuana has failed to reduce marijuana use and availability. In any given year Kentucky ranks #1,2, or 3 in marijuana production as well as exports.

All wars are expensive, and the War on Marijuana has been no different. Not only has our state and local governments blown millions that could have been otherwise invested, the personal cost to those arrested is often significant and can linger for years. When people are arrested for possessing even tiny amounts of marijuana, it can have dire collateral consequences that affect their eligibility for public housing and student financial aid, employment opportunities, and child custody determinations.

According to the ACLU’s original analysis, marijuana arrests now account for over half of all drug arrests in the United States. Nationwide, the arrest data revealed one consistent trend: significant racial bias. Despite roughly equal usage rates, Blacks are 4 times more likely than whites to be arrested for marijuana. Most people arrested cannot afford a $500 bond levied upon them and are forced to remain in jail until a formal hearing, which is another tremendous cost to the taxpayer.

There were 678 marijuana arrests in Jefferson County in 2016. That’s more than cocaine, meth and heroin combined. That doesn’t seem like a lot for Jefferson County but it doesn’t tell the whole picture. Even if the police just issue you a citation you still have a record and that record may follow you around for a long time. Defendants are forced into drug classes, which can be costly. There is subsequent drug testing, which is amazingly counterproductive as it incentivizes people to use spice, or opiates that are not detected as long.

Frankfort has failed to advance cannabis legislation year after year. We are asking that Our Metro Council adopt an ordinance making cannabis possession the Lowest Law Enforcement Priority of the Louisville Metro Police Department. We believe your unified voice of approval will send a message to our mayor and to Frankfort. Please lead us as we are determined to end the war on medical and responsible cannabis consumers.

SOURCE LINK

legalize-marijuana-leaf-red-white-blue-flag-300x300BELOW IS THE ORDINANCE AS WRITTEN:

LOWEST LAW ENFORCEMENT PRIORITY ORDINANCE FOR CANNABIS POSSESSION

We the people of Louisville ordain that investigations, citations, arrests, property seizures, and prosecutions for cannabis possession, cultivation or use in the Louisville metro area are the lowest law enforcement priority of the Louisville Metro Police Department. The Louisville Metro Council shall transmit notification of the enactment of this initiative to the state and federal elected officials who represent the city of Louisville, the Governor of Kentucky, The President of the United States of America and The Secretary General of the United Nations.

Findings:

(a) Current federal and state policies needlessly harm the citizens of Louisville. Numerous bills have been filed to remove criminal penalties for cannabis possession in the state legislature over the last five years and the Commonwealth has failed to act.

(b) The Institute of Medicine has found that cannabis has medicinal value and is not a gateway drug. Evidence shows cannabis is actually an exit drug from alcohol and opiate addiction.

(c) Cannabis is incorrectly scheduled and should be removed from federal scheduling.

(d) Louisville should determine its cannabis policies locally and Metro Council would prefer to move away from incarceration. We believe a regulated market that allows adult possession and medical use for minors under a doctor’s care should replace the current failed policies.

(e) Louisville Metro Council believes that current state laws punish medical patients unfairly and fail to reflect the reality of responsible adult use.

(f) Louisville Metro Council believes sufficient evidence exists to conclude cannabis prohibition, especially through drug testing, creates a bias toward alcohol and more dangerous drugs. This bias has exacerbated prescription drug abuse and is casual to the creation/use of synthetic marijuana.

(g) Law enforcement resources would be better spent fighting serious and violent crimes.

(h) Decades of arresting millions of cannabis users have failed to control cannabis use or reduce its availability. Metro Council believes that a regulated market would be more effective than the current black market at limiting youth access.

(i) Cannabis prohibition disproportionately affects low income and minority communities.

Definitions:

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

a) “Adult” means an individual who is 18 years of age or older.

(b) “Louisville Metro law enforcement officer” means a member of the Louisville Metro Police Department or any other city agency or department that engages in law enforcement activity.

(c) “Lowest law enforcement priority” means a priority such that all law enforcement activities related to all offenses other than adult, personal-use cannabis offenses shall be a higher priority than all law enforcement activities related to cannabis offenses, where the cannabis was intended for adult personal use, other than the exceptions designated in this chapter.

(d) “Cannabis” means all parts of the cannabis plant, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin.

Directives:

(a) Louisville Metro law enforcement officers shall make law enforcement activity relating to cannabis offenses, where the cannabis was intended for adult personal use, their lowest law enforcement priority. Law enforcement activities relating to cannabis offenses include, but are not limited to, investigation, citation, arrest, seizure of property, or providing assistance to the prosecution of adult cannabis offenses.

(b) This lowest law enforcement priority policy shall not apply to use of cannabis on public property or driving under the influence.

(c) This lowest law enforcement priority policy shall apply to cooperating with state or federal agents to arrest, cite, investigate, prosecute, or seize property from adults for cannabis offenses included in the lowest law enforcement priority policy.

(d) Louisville Metro law enforcement officers shall not accept or renew formal deputation or commissioning by a federal law enforcement agency if such deputation or commissioning will include investigating, citing, arresting, or seizing property from adults for cannabis offenses included in the lowest law enforcement priority policy.

(e) Louisville shall not accept any federal funding that would be used to investigate, cite, arrest, prosecute, or seize property from adults for cannabis offenses included in the lowest law enforcement priority policy. This shall not prevent Louisville from receiving any federal funding not used for purposes contrary to this chapter.

Oversight:

(a) The Louisville Metro Council shall ensure the timely implementation of this chapter by:

(1) Designing, with consultation with the Louisville Metro Police Department, a supplemental report form for Louisville Metro law enforcement officers to use to report all adult cannabis arrests, citations, and property seizures and all instances of officers assisting in state or federal arrests, citations, and property seizures for any adult cannabis offenses. The supplemental report form shall be designed with the goal of allowing the Metro Council to ascertain whether the lowest law enforcement priority policy was followed;

(2) Receiving grievances from individuals who believe they were subjected to law enforcement activity contrary to the lowest law enforcement priority policy;

(3) Requesting additional information from any Louisville Metro law enforcement officer who engaged in law enforcement activity relating to one or more cannabis offenses under circumstances which appear to violate the lowest law enforcement priority policy. An officer’s decision not to provide additional information shall not be grounds for discipline; and

(4) Reporting semi-annually on the implementation of this chapter, with the first report being issued nine months after the enactment of this chapter. These reports shall include but not necessarily be limited to: the number of all arrests, citations, property seizures, and prosecutions for cannabis offenses in Louisville; the breakdown of all cannabis arrests and citations by race, age, specific charge, and classification as infraction, misdemeanor, or felony; any instances of law enforcement activity that the Metro Council believes violated the lowest law enforcement priority policy; and the estimated time and money spent by the city on law enforcement and punishment for adult cannabis offenses. These reports shall be made with the cooperation of the County District Attorney’s Office, the Louisville Metro Police Department, and any other Louisville law enforcement agencies in providing needed data.

(b) Louisville law enforcement officers shall submit to the Metro Council a supplemental report within seven calendar days after each adult cannabis arrest, citation, or property seizure or instance of assisting in a state or federal arrest, citation, or property seizure for any adult cannabis offense in Metro Louisville.

Notifications:

Beginning three months after the enactment of this chapter, the city clerk shall execute a mandatory and ministerial duty of sending letters on an annual basis to the Louisville’s U.S. Representative, both of Louisville’s U.S. Senators, Louisville’s Senators and Representative members in the Kentucky State Legislature, the Governor of Kentucky, the President of the United States and the UN Secretary-General. This letter shall state, “The citizens of Louisville, Kentucky have passed an initiative to de-prioritize adult cannabis offenses, where the cannabis is intended for personal adult use or medical use by minors under a doctor’s care, and we request that State, Federal and International governments take immediate steps to enact similar laws.” This duty shall be carried out until state, federal and international laws are changed accordingly.

Enforceability; Severability:

All sections of this chapter are mandatory. A violation of this chapter is not a criminal offense.

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provisions to other persons or circumstances shall not be affected thereby.

Received from Tom Rector Jr.

ADDITIONALLY:

Tom Rector Jr.

Yesterday at 3:18 PM ·

I applaud the the city for taking this step in diverting low-level drug offenses to treatment instead of jail. Our “no arrests for cannabis” ordinance we introduced fits perfectly with this harm reduction strategy. Louisville citizens who possess cannabis don’t need treatment unless other drugs are involved.

I’m feeling really good about getting our cannabis ordinance passed, so come and support us tomorrow night Thursday at 6 p.m. 601 West Jefferson at the Louisville Metro Council meeting. We have three great speakers:

Dan Seum
Matthew Bratcher
Sean Vandevander

Join me and support these folks. Let’s get Kentucky’s two largest cities, Louisville and Lexington, to stop arresting people for cannabis BEFORE the 2019 KGA session!

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Access Louisville: LEAD pilot program @LMPD @voamid @louisvillemayor @JeffCoAttyKY

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Legal cannabis must be option for pain sufferers, panelists say

He didn’t like the black market, so he cultivated at his home. He was arrested and received five years of probation.

HENDERSON – Advocates for medicinal marijuana said Tuesday the time is now to push for statewide legalization.

They said research is clear that cannabis helps those suffering from a variety of painful conditions, yet, the word marijuana is still taboo for many in society.

Jaime Montalvo deals daily with multiple sclerosis. After being diagnosed, the Louisville man discovered that cannabis improved his quality of life far more than anything else he’d tried.

He didn’t like the black market, so he cultivated at his home. He was arrested and received five years of probation.

“I lost custody of my son for six months, not for cultivation, but for testing positive,” Montalvo said. “So that’s what’s motivated me for the last six years or so, to change the laws and give people safe access to cannabis.”

Montalvo is a cannabis educator and director of KY4MM (Kentuckians for Medicinal Marijuana). He and others who took part in a panel discussion at Henderson Community College were preaching to the choir; most of the 50 or so in attendance seemed sympathetic to legalization.

The challenge, speakers said, is convincing state legislators.

Lawmakers in Kentucky and Indiana have legalized hemp oil, also known as CBD oil. But speakers said the positive impact of that is very small compared to what legal medicinal marijuana could do.

“You’re just really scratching the surface” with CBD oil, said Ashly Taylor, a Lexington native who is now a cannabis industry entrepreneur living in Colorado. “We’re looking to get legalization so we can help more people.”

Taylor, who used to work in the pharmaceutical industry, explained at Tuesday’s forum what a legalized marijuana industry would look like.

She said in a regulated market, all cannabis grown comes from state-licensed, taxpaying cultivation facilities, monitored from seed to sale.

All plants are tagged and entered into a state regulated tracking system.

They are processed at a state-licensed product manufacturing facility, with OSHA guidelines enforced and a staffed human resources department.

The product would pass testing from a state-licensed facility before being distributed for legal consumption.

“All of the things you see with other big industry, you’re going to see here,” Taylor said.

Legal medicinal marijuana “is not that new of a thing,” Taylor noted. It’s been legalized or decriminalized in a long list of countries, from Canada to Australia and many European countries.

It is legal in 30 states, and Taylor cited a shift in public opinion on the subject: 64 percent favorability according to one Gallup poll. She said those who support legalization show varied political bent.

Sympathy for legalization has reached local elected officials in Henderson. The City Commission recently passed a resolution stating support for medicinal marijuana.

Henderson City Commissioner Brad Staton said he and his colleagues were moved by testimony from many city residents, including a veteran with post-traumatic stress disorder who spoke about suicidal thoughts and depression.

“I didn’t think there was any way we would even take a vote much less pass it,” Staton said. “But we said we have people in the state of Kentucky who are suffering, and we can do something about it.” The vote was 5-0.

Forum speakers said cannabis helps with appetite and sleep, in addition to pain relief. They said the addiction potency is comparable to sugar.

A pharmacist in the audience asked the panelists about studies showing negative effects of long-time marijuana usage, and concerns about children’s usage.

Panelists said marijuana already is pervasive in the culture. Montalvo cited a study showing that in Kentucky, about 40 percent of teens have used marijuana.

“We need to decrease that,” he said. “In my opinion the way to decrease it is regulate the product and keep it out of the hands of children. Right now everybody is prohibited, but it’s still everywhere.”

Taylor said Kentucky authorities in 2016 seized and destroyed more than 560,000 plants, placing the state in the nation’s top five.

Kentucky that year spent $56.8 million for marijuana eradication.

“If we can take the money we save and do something better with it, it seems like a win-win to me,” Taylor said.

Grace Henderson would agree. The Henderson resident, an organizer of Tuesday’s forum, suffers from a list of chronic conditions, such as Ehlers-Danlos Syndrome and Chron’s disease.

She’s on a list of medications which she said interact and cause other health problems.

Medical cannabis, she said, needs to be a option for people like her who, at times, struggle to simply get out of bed.

“We need a safe, viable alternative that does not kill people,” Henderson said. “And this is it.”

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More: City of Henderson backs medical cannabis resolution

More: Henderson woman tells how cannabis brings relief

“We will be introducing an ordinance for the Louisville Metro Council’s consideration that makes cannabis possession the lowest law enforcement priority of the Louisville (KY) Metro Police Department.”

Tom Rector Jr.

4 hrs ·

It’s official!

We will be introducing an ordinance for the Louisville Metro Council’s consideration that makes cannabis possession the lowest law enforcement priority of the Louisville Metro Police Department.

The Louisville Metro Council meeting is Thursday August 9th at 6 p.m. at 600 West Jefferson in downtown Louisville. This is the next step we need to take at cities across Kentucky. Local councils have oversight authority of their local police departments. The lowest law enforcement priority ordinance (LLEPO) does three things.

1) It directs the Local police to not arrest anyone for cannabis possession or cultivation

2) It creates a process for anyone who does get arrested to have their charges dropped

3) It requires the Metro Council to send a letter annually to Frankfort, Washington and the UN asking them to enact similar legislation.

Cities all over the United States have enacted no fine or decriminalization measures. If anyone wants a copy of the ordinance DM me with your email address and I’ll send you the document. You can modify it for your city. If we can get this passed in Louisville, Lexington, Henderson and other cities it will provide great momentum going into the 2019 legislative session.

The picture was taken the night we got the medical resolution passed in Louisville. Come out and support us on August 9th and let’s get another picture!

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THU, AUG 9 AT 6 PM

LLEPO – Louisville Metro Council Meeting

600 W Jefferson St

Proposal for legal medical marijuana held hostage by Kentucky House GOP leadership

Morgan Watkins, Louisville Courier Journal Published 3:20 p.m. ET March 20, 2018

Kentucky Secretary of State Alison Lundergan Grimes says legislation that would legalize medical marijuana is being held hostage by the state House of Representatives’ Republican leadership.

House Bill 166, which is sponsored by a bipartisan group of lawmakers, would let qualifying patients diagnosed with certain health conditions use medical marijuana, although limits would apply to patients and to the people and businesses growing and selling the drug.

The House Judiciary Committee heard testimony on HB 166 earlier this month but decided to pass over the proposal – a move that allows it to reconsider and rule on the matter later on in the 2018 session, which ends in mid-April. But the number of days during which the legislature can pass laws is dwindling.

“House Bill 166 continues to gain bipartisan support. One in four members of the House are now sponsors,” Grimes, a Democrat, wrote Tuesday afternoon in a post on her official Facebook page. “These legislators realize medical cannabis can help save lives and provide new funding to Kentucky so we don’t have to balance budgets on the backs of our teachers and public employees. Yet, GOP House Leadership is holding the bill hostage in the Judiciary Committee.”

Grimes wrote that the bill’s sponsors shouldn’t have to rely on a discharge petition – which can be filed in advance of an attempt to take a bill from a committee – in order to a force a vote on “something an overwhelming majority of Kentuckians support.”

“If the GOP House Leadership refuses to call a vote, constituents are only left to wonder what motivates them to ignore the will of the people,” she wrote.

State Rep. Joe Fischer, chairman of the House Judiciary Committee, told Courier Journal the committee’s members already voted on HB 166 when they decided to pass over it.

Fischer said he would talk to committee members but noted that he hasn’t seen any amendments to the original bill, which did not have enough support to get a ‘yes’ vote from the group. As of 5 p.m. Tuesday, HB 166 wasn’t on the agenda for the committee’s Wednesday meeting, according to Fischer.

“I’ve been accused of holding it hostage, but there was a vote on it,” said Fischer, R-Fort Thomas. “Right now … it was to pass over the bill.”

Rep. Jason Nemes, R-Louisville, made the motion to pass over HB 166 on March 7. At the time, he said he wanted to help improve the measure and bring it back for consideration before the session ends. Since then, he has become a sponsor of the bill.

Grimes issued a separate statement last week that said the medical marijuana legislation had been revised. Jaime Montalvo, of the nonprofit organization Kentuckians for Medicinal Marijuana, said he has been working with sponsors of HB 166 and a substitute version of the bill is ready.

Rep. John Sims Jr., D-Flemingsburg, said he did file a discharge petition Tuesday, which was signed by 27 representatives.

“It’s an important bill that has lots of momentum throughout the whole state,” Sims said.

Discharge petitions can prompt the full chamber to vote on whether a committee has held a particular bill “for an unreasonable time,” according to the House’s procedural rules. (HB 166 was sent to the House Judiciary Committee for review in mid-January.)

If a majority of the House agrees a bill has been held too long, the legislation then can be released from that committee. That doesn’t guarantee it will be debated and voted upon by the full House, though.

House Speaker Pro Tem David Osborne, R-Prospect, said Grimes’ assertion that House leaders are holding medical marijuana legislation hostage is “absolutely not true” and suggested Grimes study up on the legislative process.

When asked if House leadership would be interested in bringing the medical marijuana bill to the floor of the chamber for a vote, Osborne said he’s sure they would take appropriate action if it were discharged from the committee.

On Wednesday afternoon, however, Sims — a key sponsor of the bill — said it’s highly likely HB 166 will die when the 2018 session officially ends next month.

“There’s not enough time left to get it through both chambers,” Sims said.

If the bill stalls out as Sims expects, he said legislation to legalize medical marijuana will be reintroduced when the legislature reconvenes next January for the 2019 session.

“We’re not giving up, and the fight will continue,” he said, noting the need to maintain the momentum that has built behind the push for medical marijuana in Kentucky.

Morgan Watkins: 502-582-4502; mwatkins@courierjournal.com; Twitter: @MorganWatkins. Support strong local journalism by subscribing today: www.courier-journal.com/morganw

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RELATED INFORMATION:

Kentuckians for Medicinal Marijuana

https://www.facebook.com/KY4MM/videos/1619057418129468/

https://www.facebook.com/KY4MM/videos/1617957748239435/

More information as it becomes available…

(HB 166) Medical Cannabis Revenue Now Directed Towards Pensions

Medical Cannabis Revenue Now Directed Towards Pensions

Medical Cannabis As New Source of Revenue for KY & Pensions?

Since the 2nd week of #KYGA18 HB166 has been the most viewed & monitored bill in Frankfort. The people want and need medical cannabis.

So why is HB166 not moving forward even with having been granted 3 committee hearings, and having the votes to pass out of the Judiciary committee & House?

The answer is House of Representative members do not want to vote or pass something so controversial if the Senate refuses to accept it.

Right now the KY Senate is overwhelmed with the pension & budget issue. We’re being told they will not take on any new bills, period!

That’s where the KY Teachers, Government Retirees and pensioners come in.

We have now added language to HB166 to help generate A NEW SOURCE OF REVENUE to help fund the pension deficit. (*we’ll attach a picture of the bill language below)

Revenue from wholesale excise taxes & canna-business licenses will be used to fund various pensions to 80%.

We need your help to create this new revenue source, and to bring a better quality of life to thousands of patients.

There’s only a few more days of session left.

Call your legislators today BEFORE 6PM EST

(800) 372-7181

Leave a message saying:

“We found a new source of revenue for our pensions, and respectfully ask you to bring HB166 up for a vote on Monday. VOTE YES ON HB166!”

PLEASE SHARE WITH YOUR FRIENDS

https://www.facebook.com/KY4MM/videos/1617085328326677/?notif_id=1521495882458193&notif_t=live_video_explicit

https://www.facebook.com/KY4MM/

Sally Oh was Live on Facebook: “Medical Cannabis, States’ Rights & the Civil War”

PLEASE TAKE 10 MINUTES TO LISTEN TO SALLY OH’S VIDEO!

Sally Oh

Above is the LINK to Sally Oh’s live video on Facebook explaining States Rights and the medical cannabis war.

There is also an article at this LINK from the Tenth Amendment Center which explains States Rights.

States Don’t Have to Comply: The Anti-Commandeering Doctrine

Laws passed in pursuance of the Constitution do stand as the supreme law of the land. But that doesn’t in any way imply the federal government lords over everything and everybody in America. LINK

REPEAL  CANNABIS PROHIBITION IN  KENTUCKY NOW!  SAVE OUR STATE!

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There is also a very good layout of the Kentucky Cannabis Bills for 2018 at the KENTUCKY FREE PRESS website.  Here is that LINK.


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http://tenthamendmentcenter.com/2013/12/28/states-dont-have-to-comply-the-anti-comandeering-doctrine/

https://www.facebook.com/dreambiggerxo/videos/1600760853378573/

http://www.kyfreepress.com/2018/02/medical-cannabis-ky-2018/

(KY) SB 118–Relating to Medical Cannabis

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Thank you Senator Steve West for giving KY patients the freedom to try cannabis.  SB118 will give patients the choice to try cannabis for their condition without fear of prosecution, imprisonment, loss of parental rights…LINK

SB 118(BR-1392)(click bill number to view bill details.)

Title:  AN ACT relating to medical cannabis.

Sponsor(s):

West , Stephen
Seum , Dan “Malano”
Clark , Perry B.
Thomas , Reginald
Embry Jr. , C.B.

Current Status:

introduced in Senate
In Senate

Summary:

Create new sections of KRS Chapter 218A to define terms; restrict medical cannabis to certain patients with qualifying debilitating conditions; establish requirements for cultivation, production, processing, distribution, and sale in compassion centers; establish requirements for patients, visiting patients, and caregivers; establish professional protections for practitioners; establish certain protections for cardholders; establish responsibilities for cardholders; allow restrictions on possession, possession while operating a motor vehicle, and smoking; specify that use of medical cannabis by a qualifying patient is to be treated the same as use of prescribed pharmaceutical medications; establish additional protections for medical use; specify that nothing in the bill requires government programs or private insurers to reimburse for the costs of use or prohibits an employer from disciplining an employee for workplace impairment; establish a medical purpose defense for some uses of medical cannabis; establish the Department for Medical Cannabis Administration to enforce the program’s provisions;  LINK

https://secure.kentucky.gov/billwatch/BillSummary.aspx?br_rsn=41570&ses_rsn=101

http://www.lrc.ky.gov/recorddocuments/bill/18RS/SB118/bill.pdf