Category Archives: Kentucky

Cannabis Activists Prepare For A Day In Frankfort, Kentucky tomorrow

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JOIN US IN FRANKFORT!  LOBBY DAY 2019!

FEBRUARY 6TH – ALL DAY!

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2019 KY NORML Lobby Day and Rally in the Rotunda

Public · Hosted by KY NORML and 6 others

Wednesday, February 6, 2019 at 9:30 AM – 3 PM EST

700 Capital Ave, Frankfort, KY 40601-3448, United States

LINK TO EVENT ON FACEBOOK


No photo description available.

KY4MM Tunnel Talk

Public · Hosted by Kentuckians for Medicinal Marijuana

  • Wednesday, February 6, 2019 at 10 AM – 2 PM EST

    Capitol Annex  702 Capitol Ave, Frankfort, Kentucky 40601

  • LINK TO EVENT ON FACEBOOK

    No photo description available.

    Rally in the Rotunda

    Public · Hosted by SB80 Support Page

  • Wednesday, February 6, 2019 at 1:30 PM – 2:30 PM EST

    700 Capital Ave, Frankfort, KY 40601-3448, United States

  • Hosted by SB80 Support Page

  • LINK TO SB80 SUPPORT PAGE ON FACEBOOK

    LINK TO EVENT ON FACEBOOK


    The following BILLS are to be focused on this year:

    SB 80 –  Dan Seum –  An Act relating to the regulation of cannabis and making an appropriation therefor.

    (Adult Responsible Use Act)

    Establish and create new sections of KRS Chapter 245 to define terms, allow possession, growth, use, processing, purchasing, transfer, and consumption of Cannabis; establish limits for transfer; allow for purchasing and manufacturing cannabis accessories; authorize activities and operation of retail stores…

    HB 136 – Several Sponsors – An Act relating to medicinal marijuana and making an appropriation therefor

    (Medical Cannabis Act)

    …require the Department for Alcoholic Beverage and Cannabis Control to implement and regulate the medicinal marijuana program in Kentucky…

    SB 82 – Jimmy Higdon – An Act relating to marijuana possession.

    (Decriminalization)

    …make the penalty for possession of a personal use quantity of marijuana a prepayable non-criminal fine…

    SB 83 / Perry B. Clark “Shauna’s Law”  Relating to a drug free workplace / Seeks to mandate an appeals process for those employer’s who enforce drug-testing upon their employee’s which will address those persons who have been found in violation of the drug-free workplace policy by testing positive on random drug screens for legal Hemp products such as CBD. It would set aside that violation if proven that a legal product had been used.

    RELATED:

    KENTUCKY MARIJUANA BILLS 2019

    Kentucky Will March To The Capital, Once Again…

    ky call 2019

    Kentucky Will March To The Capital, Once Again…

    gatewood rainbow farm

    Rainbow Farm was located in Vandalia, Michigan & was a cannabis friendly community. They had great concerts & speakers. The government came in later & killed the owners & stole the farm from the legal birth right of the son, Robert, 1 week before 9-11 (September 3rd & 4th,2001). Tom Crosslin & Rollie Rolhm were the owners & each one of them were systematically gunned down & tortured after being out numbered 300 to 1. In order to stop a memorial day concert, that was to start a signature campaign to legalize cannabis in the state of Michigan.

                                              ——————————–

    1/13/2019

    ShereeKrider

    The Country as a whole has come a long way since the incident above in 2001, but it still has a very long way to go.  We have 11 “legalized States” and 33 “medicinal States” to date according to NORML.  More than the majority of Americans believe it should be made “lawful”.  Many sick people including children are suffering needlessly and we have the ability to help rectify the situation.

    We should not still have to be going to the Capital in Frankfort to beg for something that we should have had in Kentucky more than seven years ago.  In fact, it never should have been “unlawful” to possess in the first place.

    Gatewood Galbraith, “The greatest Governor that Kentucky never had”, spoke to this issue many times and had he been elected we would not still be in this same fight today.  He said, “You have got to get political.  Because if you don’t get political then I’m gonna die in the streets!” 

    The number of people who are dying in the streets has exponentially increased in the past 5+ years in earnest.  The crisis was started by the Government and their Pharmaceutical cronies who promoted highly addictive opioid drugs for daily use to patients who were suffering and  they bit the bait.  After everyone was sufficiently addicted to the pharmaceuticals the Government claimed an “opioid crisis” and immediately withdrew these needed medications by way of intimidating the Physicians and forced drug testing to the point that the Medical Establishment could no longer take the chance of losing their Practice’s, and so they immediately withdrew needed medicines from Patients who legitimately needed them, as well as other’s who had become addicted for other reasons – and there are many reasons…  This in turn caused people to literally die in the streets due to a dire need to medicate and the ample supply in the streets of much more potent and deadly drugs than what the Physicians had been prescribing them to begin with.

    Some of us were strong enough and smart enough to turn to Cannabis which saved our lives, even though it is illegal.  A lot of us have lost close friends and family members to this ‘war on drugs’.  Many of us grieve daily because of it.

    There have been Senators, Representatives and Citizen Activists, working hard to see Cannabis regulation and lawfulness is passed in the very State that in WWII the Government pleaded with people to grow Hemp for their War efforts.  The people responded to their requests in a time of need.  However, the Government turns their heads the other way when the Citizens request that they help them establish a safe and lawful way to use Cannabis, medically and otherwise.  Not only would this help the multitudes of patients who direly need this medication, it would also establish a lawful product that can be taxed and used for the greater good of the State we reside in, including new businesses and employment.  As a result, even those who chose not to partake in Cannabis would benefit from the legalization and taxation of the  product – much like alcohol – with much less lawlessness than alcohol promotes…

    It would establish a lawful alternative to Alcohol and Tobacco and other illicit drugs, such as street level opioids which are destroying families and responsible for unending deaths even as we speak.  Yet, to date, our Kentucky Government has refused to act upon this issue. 

    Why has Kentucky Government taken such a path in governing of the people?

    “Petrochemical-Pharmaceutical-Military-Industrial-Transnational-Corporate-Fascist-Elite-Bastards”  LINK

    For a more in-depth read on why and how our Country has fell into the hands of the NWO you can view this LINK.  “The Elkhorn Manifesto” is an archived page of the Kentucky Marijuana Party, written in 1996 by R. William Davis, and collaborated with Gatewood Galbraith. 

    Here we are, once again, in the year of Our Lord, 2019, begging for our leaders to hear our plea’s.  And once again, they will try to ignore us! 

    As far as I am concerned, the lawfulness of Cannabis should first have been rightfully returned to the people through REPEAL of Federal Treaties and Statutes which made it unlawful to begin with.  Possibly as far back as the 1914 Harrison Narcotics Tax Act.  However, the situation has been taken into the hands of the individual States and their “States Rights” because the Federal Government refused to stand up for the rights of our people.  Instead they have enlisted a “New World Order” to do their dirty work which seeks to contain society at large – world wide control of the masses, control of all plants, food, medicines,  WATER, etc., to be placed under strict guidelines to which we must abide by the rules or suffer the consequences.

    We have become damned if we do submit to the law and damned if we do not follow it as well. 

    There is  research already out there and patients are being helped and in some cases literally saved from an early death by using Cannabis.  Many people have been saved from addiction by using Cannabis. 

    We cannot wait another year to change the Cannabis Statutes in Kentucky.  We need it now.  We needed it 20 years ago.

    There are currently two Bills in Kentucky Legislature – one in Senate and one in the House.  Both bills should be passed and this is my reasoning for this:

    SB 80 / Dan Malano Seum / Establishes the “Department of Cannabis Control” which will oversee lawful consumption of Cannabis in Kentucky by adults 21 and over.  This Bill gives limited and controlled freedom back to the people in that it does allow for growing on our own property and consumption as well as sets the stage for business to be lawful throughout Kentucky.  This legislation could be enacted fairly quickly and jumpstart the economy here.  It is imperative that we implement this legislation this year if we seek to make our State livable again.

    HB 136 / Establishes a very strict “Medical Cannabis” bill for bonified Patients.  Because of the nature of illnesses and the fact that many Children could be served by this Bill it is imperative that “medicinal Cannabis” be made available in Kentucky to those who are in need, medically, whether they be adult or child.  Many people who are not familiar with Cannabis and it’s use would serve to be protected as patients by this medical legislation.  The problem is that with the measures necessary to comply with the Bill as it is written it would most certainly be a slow process to set up across the State and reach all patients equally.   However, we should proceed immediately on this Act as well.

    Additionally, a drug-free workplace Bill for the use of legal Hemp CBD products, currently sold on the open market:

    SB 83 / Perry B. Clark “Shauna’s Law”  Relating to a drug free workplace / Seeks to mandate an appeals process for those employer’s who enforce drug-testing upon their employee’s which will address those persons who have been found in violation of the drug-free workplace policy by testing positive on random drug screens for legal Hemp products such as CBD.  It would set aside that violation if proven that a legal product had been used.  This Bill must be passed in order to preserve the integrity of the Hemp market as well as employee’s rights.

    IF our Legislator’s  and Governor do not seek to enact the Bill’s which we as a People have requested  for our health and well-being in general, then the political system of the Commonwealth of Kentucky needs to be immediately and completely changed and replaced.  This would also include other issues of great importance in Kentucky such as the Pension Crisis.

    The corruption in Kentucky runs far and wide and seeks to be ended this year.  The time is now for change…not later.  We cannot wait another year to be lawful!

    7976961615_e1457307a6_m

    http://antiquecannabisbook.com/Appendix/AppendixC.htm

    https://www.youtube.com/watch?v=d1ggjadAnSg

    https://en.wikipedia.org/wiki/Tom_Crosslin

    http://rainbowfarmcamp.com/

    https://www.youtube.com/watch?v=5moSy-Ooouk&t=294s

    https://www.kentucky.com/news/politics-government/article44148519.html

    https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5312634/

    http://www.lrc.ky.gov/recorddocuments/bill/19RS/HB136/bill.pdf

    http://www.lrc.ky.gov/recorddocuments/bill/19RS/SB80/bill.pdf

    http://www.lrc.ky.gov/recorddocuments/bill/19RS/sb83/orig_bill.pdf

    https://norml.org/states

    https://www.forbes.com/sites/christopherburnham/2018/06/29/kentucky-retirement-systems-a-case-study-of-politicizing-pensions/#514247ce299a

    https://en.wikipedia.org/wiki/Hemp_in_Kentucky

    https://en.wikipedia.org/wiki/Gatewood_Galbraith

    https://kentuckymarijuanaparty.com/2015/10/26/rights-and-freedoms-may-in-no-case-be-exercised-contrary-to-purposes-and-principles-of-the-united-nations-how-the-united-nations-is-stealing-our-unalienable-rights-to-grow/

    The Children Left Behind…

    20170205_203054

    I hope someone is listening!

    It has  been a month now since my daughter was killed in a one car accident on I65 outside of Nashville, TN, on her way home to her children.  She had been out of town for a few days with her fiancé attending his Sons’ Graduation from Military School.They had driven for ten hours and it was about 4 a.m. when it happened.  It is an old story, and it happens everyday to someone’s child.  I am not special and so on that fateful day I lost my baby girl.  I won’t bore you with the details.  That story is posted HERE.

    My Daughter had serious depression and anxiety problems and was never able to get the right doctor to treat her illness…moreover, she was tired of trying to.  She had been self medicating for years with street drugs.  The problem was that the drugs that she ended up using only exasperated the problem.  It was not feasible that her drug use would help the problem…it only made it worse.What started as a “pain pill” problem after being prescribed opiates by a doctor for chronic pain, which she indeed had, ended up being a cocaine, meth and possibly a heroin addiction for which she then decided to self medicate with  buprenorphine which she also obtained “off the street”. 

    I begged her a number of times to get help but there was no real help.  She refused to use Cannabis because of drug testing – first she was scared of CPS drug testing, then she needed to test clean for a job (which she could never hold onto).  She was scared of losing her children because of a positive THC test.  The “other stuff” you can get out of your system quicker, she had told me.  Well, that’s just fucking great.  Now she is dead.

    Her medical history is about as difficult as mine is.  It suffices to say that chronic debilitating pain especially when you throw that on top of a mental illness such as we have, Chronic Major Depression and chronic anxiety, that is enough to cause you to look anywhere for some kind of relief.  It is only human nature that if you are in pain, mental or physical,  to try and find some way to get out of it!  In this World you do not have time to sit down and be ill or in pain.  There are bills to pay and kids to feed and nobody cares if you are sick. We are slaves to the system.

    I had begged her to come home a number of times.  But at 34 years old I suppose that she needed her own space.  She worked hard at anything she could do to make a little money to keep going.  The drugs kept her going physically, until they took her down.  And when it finally did take her down that last time as she was driving down I65, she left behind three Son’s and a family who loved her so much words can do no justice.

    The buprenorphine was the beginning of the end for her.  I watched while she slowly disintegrated….and that was what it was like…watching something disintegrate before your eyes and not being able to stop it.  Because she was so good at hiding what she was doing, I never really knew what drugs she was on at what time, with the exception of the Buprenorphine which she told me about.. The past few years the boys had been with me a lot of the time.  She just could not handle the stress of “trying to find money to live on” and taking care of kids at the same time.  She was totally dysfunctional.  Totally depressed and anxietized.  The only thing I could think of was to get her off the drugs which was impossible to do especially when she wouldn’t use Cannabis. 

    She was scared.  She also had some idea that she was going to die young.  The past 6-8 months she spent getting all her paperwork in order and labeled accordingly so that when the time came we could find what we needed.  God Bless Her.I’ve never seen so much OCD in organization before.  She had spent hours labeling folders and had everything neatly packed in boxes.  Everything since 1999 when she lost her first child as a stillborn – back before she EVER thought about using any kind of drugs.  She was completely drug free for the pregnancy and  births of all of her children.

    She got caught up in the drug war.  And it ended up killing her.If she had used Cannabis instead of all of the other drugs she did, she may very well be alive today. She fell asleep while driving and went off the road – while taking buprenorphine – because she was afraid to use Cannabis.

    Drug testing is the single most deadly weapon used by Government and law enforcement to trap people.  It is the cause of many death’s via drug use, which it was intended to prevent.  “Spice” is a good example of this as many people have died from using it because it was a Cannabis “substitute” and it normally does not show up on drug testing.  It is called “probation weed” down here in Kentucky.

    Drug testing only invades our privacy and sets us up for failure.  Drug testing does not prevent nor treat drug abuse.  Drug testing is just another way to to seize money via commerce.  Just think of all of the money that is involved in drug testing. Manfred Donike would be proud – I suppose.

    The regulation and legalities surrounding the use of drugs and plants have been the trap that has incarcerated so many innocent people, ruined so many people’s lives and is responsible for many, many death’s in this war.  It IS a war.

    Legalize, Tax and Regulate Cannabis is not an option if you want to regain your freedom.  It is just another avenue for the Government to grow their control over the people.  A way to give some of us what we want while still maintaining their “complexes” of control via the Controlled Substance Act, These controls keep the medical/pharmaceutical industrial complex, the military/police force industrial complex, the agricultural industrial complex, the private prison industry, the “child protection” industry and more running at high speed, and commerce and taxation flows appropriately, under Government control, to keep it going in the right direction to feed the very industries that control our every move – including the use of Cannabis both medically and recreationally. 

    If you think that the prison population was high (no pun intended) before “legalization”, just wait until it is “legalized, taxed and regulated”. 

    The only way to lift this burden is to REPEAL all statutes, regulations and control of the personal use of plants…period, from the United Nation’s Treaties and Agenda 21/30, on down through each Country’s own Constitution.  The only “drugs” which need regulation are those which are created by the pharmaceutical industry itself.  This would include Cannabis based medicines when they are created and sold by pharmaceutical industries or in dispensaries.  The plants in your yard for your own personal use should never be subjected to any kind of “legislation”.

    It suffices to say that in this war a lot of us, including myself, will be raising our Grandchildren.  And a lot of us are unable to do so, which leaves many children to the claws of the Government.  My daughter was a good Mother – just ask her children.  They are the ones that have lost the most – their Mother.  She loved her boys to no end. She did the best that she could do.  It is up to us to continue on and try to rectify the evil that she succumb to.

    https://www.minds.com/blog/view/735675763440754701

    https://thinkprogress.org/states-spend-millions-to-drug-test-the-poor-turn-up-few-positive-results-81f826a4afb7

    https://en.wikipedia.org/wiki/Manfred_Donike

    http://web.archive.org/web/20041208084352/kentucky.usmjparty.com/policy_elkhorn.htm

    https://www.thenewamerican.com/tech/environment/item/22267-un-agenda-2030-a-recipe-for-global-socialism

    (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…

    COMPARING THE "CANNABIS ACTS" IN THE KENTUCKY LEGISLATURE…WHAT TO PROMOTE AND WHEN TO SAY NO!

     

    KY CANNABIS

     

    HB 584(BR-1994)

    Tuesday, March 1, 2016 – introduced in House

    Create new sections of KRS Chapter 211 to define terms; require the Department for Public Health (DPH) to operate a medical marijuana program; establish a process to license and permit cultivators, distributors, manufacturers, and processors of medical marijuana;

    This Bill was just Introduced in House yesterday, March 1.  It is a true-blue highly regulated “medical marijuana” Bill with absolutely NO growing rights for Patients or otherwise!  It is a Bill that is attempting to pacify the group of Kentuckians who do not wish to see any growing rights or recreational rights at all and just want to access Marijuana for purely medical reasons, most are worried about their Children and simply want it for their Children’s sake.  I am all for access to whatever kind of medical CBD or THC that those Children or other patients may need. THIS IS NOT the way to get it!  With over regulation and burdensome legislation the real question is even IF it was enacted, how long would you have to wait to have access to it?  The short answer is, a LONG time.  I will NOT promote this Bill!

    It includes but is not limited to the following requirements:

    *require the Department for Public Health (DPH) to operate a medical marijuana program

    *require prospective patients to possess a diagnosis from a physician and possess a registry identification card issued by the department

    *require the department to license no more than 10 grows

    *allow for licensure of 2 cultivators, 2 manufacturers, 2 processors, and other subcategories within each economically depressed county participating in the program

    *establish a process by which cultivators sell only to manufacturers, processors, or distributors

    *allow only distributors to sell medical marijuana to a dispensary

    *require the department to publish an annual list of varieties of marijuana that contain a low level of tetrahydrocannabinol (THC);

    *require prioritization of low-THC-containing varieties of marijuana by the department;

    *grant priority access to children and individuals with medication-resistant seizures to low-THC marijuana;

    *require patients under 18 to receive marijuana with a low-THC content;

    *clarify that cannabadiol is included in low-THC marijuana products;

    *allow a dispensary to dispense cannabadiol regardless of whether it is classified as industrial hemp or medical marijuana;

    *establish guidelines for registry identification cards;

    Now, if you look at the Bill and think about it a while, what do you think is happening here? 

    Kentucky politicians are mostly of the rich, by the rich and for the rich.  They can set up their own tight little growing and dispensing operation which allows NO ONE the option to grow their own for ANY reason, and then they will set up their own little processing and dispensing facilities which is akin to a Monopoly, encumbered with regulation to the hilt so as to prevent any common Citizen from being involved.  I would bet that becoming a “medical marijuana patient” in the State of Kentucky would be about like jumping over fire with flames 10 feet high (no pun intended).  Now, if you succeed at jumping over that flame and in fact end up in the “medical marijuana” program, what type of “medicine” will you be able to receive?  How much will it cost you, because it damn sure is NOT FREE and insurance will not pay for it!   Therefore, that pretty much puts the entire program into the more wealthy “patients” hands, leaving out those who might only be able to access it IF they can grow their own! 

    On top of that situation you can imagine that the more wealthy people of Kentucky who have stock in pharmaceutical companies are trying to pave the way for the pharma industry to move right on into Kentucky with their Pharma grade marijuana pills, oils, foods, etc., as soon as it can be accomplished through relaxed Federal Legislation.  Hmmm, this must be why HR 173 is being worked on as we speak.  A “Resolution” to the FDA to “study medical marijuana”!  As if we really need more studies before we use Cannabis….Well, here are a few that the FDA can start copying!  SEE THIS LINK!

    Last but not least, this new Bill, if enacted, in fact will promote stiffer penalties for those who are found to be in possession of “non-medically certified marijuana” or without a Patient Registration identification!

    If I had a child in need of immediate treatment with Cannabis, and the “Cannabis Freedom Act” does not pass this year, I would pack up and leave — taking my Child to a “legal” State to be treated.  I would not stay here and risk my Child’s health and risk having a Child taken from me for using Marijuana for their illness, when they in fact, NEED it!  There is no reason for them to stay here and take that chance when there are other places to go.  There are also agencies that will help them with relocation if need be! Keep this in mind!

    The LINKS below are to the KRS as they exist TODAY.

    Any offender failing to affix the appropriate tax stamps, labels, or other tax indicia to any marijuana or controlled substance as required by KRS 138.874 is guilty of a Class C felony

    218A.050 Schedule I controlled substances.

    218A.1422 Possession of marijuana -Penalty –Maximum term of incarceration.

    218A.1421 Trafficking in marijuana –Penalties.

    218A.1423 Marijuana cultivation –Penalties

    Basically, Possession of marijuana is a Class B misdemeanor, Marijuana cultivation of five (5) or more plants of marijuana is for a first offense a Class D felony,

    Trafficking in less than eight (8) ounces of marijuana is for a first offense a Class A misdemeanor.

    Kentucky Forfeiture law: 

    All real property, including any right, title, and interest in the whole of any lot

    or tract of land and any appurtenances or improvements, which is used or

    intended to be used, in any manner or part, to commit, or to facilitate the

    commission of, a violation of this chapter excluding any misdemeanor

    offense relating to marijuana, …

     

    SB 13(BR-161)/LM/CI

    Wednesday, January 6, 2016 – introduced in Senate

    Establish KRS Chapter 245 to regulate the cultivation, testing, processing, taxing, and sale of marijuana to persons aged twenty-one years and older; amend various sections to conform; repeal KRS 218A.1421, KRS 218A.1422, and KRS 218A.1423.

    Senator Perry B. Clark pre-filed this Bill in December of 2015.  It is an all around good Bill because it is a “Freedom” Bill.  Meaning that it opened up Medical Cannabis to patients as well as recreational Cannabis to Kentucky residents over the age of 21.  Although it is not a true REPEAL Bill that I would like to see happen, it allows a Kentucky Citizen to:

    Possess up to 1 ounce of cannabis on their person;

    Cultivate up to 5 cannabis plants;  (Six or more would be considered as trafficking)

    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.

    It allows for access to retail cannabis facilities, creating the ABCC (Alcoholic Beverage and Cannabis Control) to create licenses to operate the following cannabis-related entities:

    Cannabis cultivation facility; Cannabis processing facility; Cannabis testing facility; or Retail cannabis facility.

    It also provides for an Excise tax imposed on licensees operating cannabis cultivation facilities selling or transferring cannabis to either a cannabis processing facility or a retail cannabis facility.

    So in ONE BILL the Patients, the Recreational users, personal growers, those who would like to grow for dispensaries or medical patients, those who wish to operate legal dispensaries for patients and for recreational users and an EXCISE TAX for the State of Kentucky were taken care of legitimately!  This IS THE BILL that has my full APPROVAL!  Thank You, Sen. Perry Clark!

    With as many phone calls, letters, emails and personal visits from the people of Kentucky who wish to see this Bill passed has had, there should be no reason for it NOT TO BE considered, and PASSED!

    But as usual, the Kentucky money hungry Politicians are planning on this ‘patient care’ ultimately to be handed over to the pharmaceutical companies, which is why they are going to try to seriously limit the growing operation and usage of “medical marijuana” thru HB 584, so as to be able to withdraw those growers rights as soon as a pharmaceutical can take it over.  Much like they tried to do (and succeeded for a while) in Canada.

    *Federal judge to decide if medical marijuana patients can grow their own

    *The Liberal government will have to do substantial work on the international stage before it can follow through on Prime Minister Justin Trudeau’s promise to legalize marijuana, new documents suggest

     

    HR 173(BR-1583)

    Thursday, February 25, 2016 – introduced in House

    This is a Kentucky RESOLUTION to encourage the United States Food and Drug Administration to study the use of medical marijuana.

    The Sponsors are David Osborne, Lynn Bechler, and Brad Montell.

    As if we really need more studies before we use Cannabis….Well, here are a few that the FDA can start copying!  SEE THIS LINK!

     

    AND FOR GOOD MEASURE YOU CAN ADD THIS TO THE LIST TOO: 

    SB 136(BR-1420)/LM/CI    Define “kratom” and add kratom to schedule I.

    Thursday, January 28, 2016 – introduced in Senate

    Related post:  OPPOSE SB 136: BANNING THE KRATOM HERB

     

    OTHER RELATED POSTS:

    Jan 28, 2016 

    Legislation to legalize recreational and medicinal marijuana is unlikely to be addressed during this legislative session in Kentucky

     

    Jan 26, 2018

    Former Congressman Mike Ward pushing for medical marijuana in Kentucky

     

    Jan 5, 2016

    Ex-congressman’s group wants medical marijuana in Kentucky

     

    Dec 13, 2015

    Kentucky “Cannabis Freedom Act” Summary

     

    Feb 29, 2016

    A KENTUCKY RESOLUTION to encourage the United States Food and Drug Administration to study the use of medical marijuana

     

    Nov 1, 2015

    Willie Nelson’s crusade to STOP BIG POT!

     

    OTHER:

     

    Kentucky Revised Statutes  Includes enactments through the 2015 Regular Session (search “marijuana”)

     

    Image result for marijuana plant

     

    Additionally, as a patient and recreational user,

    I am a FIRM BELIEVER in a “misdemeanors”

    worth!

    My reply to the "Opinion" From December 30, 2015 or "pot Should Stay Illegal In Kentucky"…

     

    Above:  Mary Thomas-Spears talks with Sen. Perry Clark at the “Comfy Tree Symposium” in Louisville in 2014

     

    To:  Bowling Green Daily News,

             813 College Street
    P.O. Box 90012
    Bowling Green, KY 42102

    Website Link

    Opinions:  “Pot should stay illegal in Kentucky”

    From:  Rev. Mary L. Thomas-Spears, Bowling Green, Kentucky  42101

    Dear “Pot should stay illegal in Kentucky”,

    That was all like a bad scene straight out of Reefer Madness, or the equivalent of BS propaganda.  Yet all very well said for a pot dealer???!

    I couldn’t help but notice you did not bother to take the time to sign your name or to take any credit for that medieval excrement – Your opinion which you felt so valuable.  It would cut into your profit margin if you had to suddenly become legitimate, wouldn’t it?

    If Marijuana/Pot/Cannabis Prohibition was repealed in Kentucky and/or the U.S. it would put the pot dealer in the Black Market out of business and you wouldn’t be working for the FDA’s DEA anymore.

    After all, Congress was only given authority over Currency, Foreign War and the market place, which is why they created “Prohibition”, to control and divide the market place, in order to maximize their profit margins, through supply and demand, and the Black Market they claim to be fighting against while in essence owning it.  So you work for them, right?

    Opinions like yours are in fact, proof, that “opinions are like a$$holes…   They are undeniable evidence of the disgusting amount of (or level of) illiteracy and mis-education, or as Dr. Gupta put it, “brainwashing”, on the highest levels, within and outside of the Commonwealth, in my opinion.

    We can thank William Randolf Hearst and his desire to print the news on wooden paper, as he owned millions of acres of trees for creating the propaganda and printing it on to begin with, and all these years later, despite all the published facts, research, science and truth to the contrary of this Marijuana Madness propaganda, we can thank you for attempting to continue the BS.

    After all, up until then all of our news was printed on Hemp (= Cannabis Sativa L = Marijuana).

    I am sure if my friend, colleague, mentor and Attorney, Gatewood Galbraith were here today in the flesh he would agree with me on everything I have said or will say.  While adding a few colorful comments or opinions of his own, of course,  like,

    “I wish all you would stop getting high long enough to read my book!”  “I’d even give you a free copy so that you might educate yourselves on the fact that Marijuana is already legal, as I explained to Greg Stumbo!”

    It all comes down to understanding the words and their legal meanings, the Constitution and your Rights and Freedoms along with precedence of Rulings handed down by the Supreme Court like Leary vs. The United States,  as I explained in “Last Free Man in America meets the synthetic subversions”.

    In his book he also explains that ending Marijuana Prohibition in Kentucky would save the Commonwealth approximately $500 Million Dollars and year, just in healthcare and related costs alone.

    The actual figures coming in from other States who have already passed similar laws are in fact very favorable as well as being in support of Gatewood’s estimate or prediction.

    Gatewood Galbraith also explains in his book that Marijuana, like Ibogaine (which is also prohibited in the U.S.), is known to, in fact, break addiction.  Evidence that Y(our) Government is not against addiction or are not fighting addiction as them claim they are.

    After all, the market place functions on supply and demand and addiction fuels or increases the demand, therefore increasing the profits.  This is why they have prohibited both of these plants in the U.S.  As former President Bush said without a flinch “We are a Nation addicted to gasoline”.  So why haven’t they prohibited possession of gasoline?  After all, how many have died throughout the last year alone huffing it or consuming it?  Or as a result of crashes?

    Yet, it is a controlled substance like Marijuana, controlled through taxation, which recognizes the substance as legal and through the Tax with which it is controlled under (= 1937 Marijuana Tax Act), did just that (legalize), despite it having been repealed by Leary v. United States, in the Supreme Court, on the Federal level, in a ruling that agreed that He (= We, have a divine, inalienable, sovereign, natural right and freedom to utilize Marijuana), (Marijuana = Cannabis Sativa L “untaxed”).

    The Commonwealth of Kentucky has passed its own Marijuana Tax Stamp Laws – Legalizing thru taxation.

    WHY??? Why would people of any State pass a law, or vote in a law to pay the State or a Commonwealth to tax them for a right or freedom that has already been granted to them by not only Divine authority but by the highest Court in the land on the highest level?  While basically declaring themselves as Federal informants to a Government who has already abused it’s power and authority by passing not one, but two illegal and unconstitutional Acts of Congress (= the CSA or Controlled Substance Act).

    All of this is a part of the “Synthetic Subversion” or war on plants and nature (not just Marijuana), as Corporations like Monsanto and Dupont scramble to own ALL OF THE SEED through Patents and GMO’s (genetically modified organism).

    For all of those who still believe that Marijuana (= Cannabis Sativa L) was only prohibited because they couldn’t Patent the plant – Your wrong!  You have forgotten about the Corn, Soy Beans, and Wheat as well as all the farm’s and Farmer’s who have been lost to Lawsuits and suicides connected to “who is growing who’s seed in who’s fields throughout the U.S. and Canada.

    The main reason for prohibition is all the legal lies (= Legalization)which openly mandates and sanctions their authority to prohibit in the first place, allowing them to Patent and own all the rights, while controlling the market place, which they now own, or rule, therefore controlling all of the profits while also allowing them to control the nature of the plant.

    Keep in mind, THC is the active part of the plant that causes a plant to be labeled as Marijuana, which is also the natural sunscreen of any Cannabis Sativa L plant.

    HEMP, which starts out as Cannabis Sativa L in the wild, has now been legally defined by the amount of THC it contains (or doesn’t contain).  This seed can now be controlled with a THC stopper gene, via GMO and we can promise that an entire crop growing in any field, no matter how much sunlight it receives, will, for that season, remain HEMP in the field, no matter where the field is, thus, controlling the harvest.   (In nature, the amount of Sunlight a plant receives determines the amount of THC in any given Cannabis Sativa L plant).

    Keep in mind, Cannabis Sativa L., blows in the wind like corn when it pollinates.

    By moving all of the Marijuana grows indoors, these same chemical Companies and Corporations that have prohibited Cannabis/Marijuana in the first place through the lobby of Congress, are the same ones that supply big Pharma, are the same ones that make chemical weapons for war, are the same ones controlling our crops and food supply, and can NOW not only control all the seed, they can sell you chemical fertilizers and growing equipment for medical Cannabis, for just long enough to gain all the information they need to take over the medical use of Cannabis.

    Look at Canada.  Where medical patients have lost all their growing rights, while waiting in lines and waiting for “approval” for medicine that they cannot afford to buy from the Corporate growers!

    First:  Cannabis is already legal, as I have pointed out,

    Second:  Prohibition is the problem,

    Thirdly:  REPEAL is the only legal answer to end prohibition of Cannabis that is morally correct.

    Fourth:  the gateway drug theory is a lie and has been disproven and  has been dispelled by the National Academy of Science over a decade ago in the 1999 report published by the National Academy Press, “Marijuana: Assessing the Science Base“, which stated plainly when examining this question or theory that, if there are any gateway drugs leading to addiction they would be sugar, nicotine and alcohol.  Notice that Marijuana is not at the top of their list of gateway drugs for addiction, and that sugar is not on the Controlled Substance list despite all the disease, illness, and death it causes, not including the addiction.

    There has never been a death caused by Marijuana consumption or overdose unless it was a result of it being prohibited (= being shot by a Cop)…  Please find me ONE, I challenge you!

    Cannabis Sativa L. (= Marijuana Cannabis/Hemp) is a FOOD first.  It has been proven that we are all Endocannabinoid based life forms, and that Endocannabinoids are passed from Mother to Child in the Breast Milk.

    However, this food has been prohibited from our gardens since basically 1937, while disease and illness caused by malnutrition grows out of control.  Yet, the FDA wants YOU to believe that this food is a DRUG.

    Well, so is bottled water, so do you want to see a Doctor for a prescription to buy bottled water?

    I hear that my friend, Senator Perry Clark, has introduced a new bill that will repeal prohibition of Marijuana in Kentucky.  I have not read the Kentucky “Cannabis Freedom ActBill thoroughly yet.  If Sen. Perry Clark has asked to repeal Cannabis prohibition in Kentucky then he deserves our full support!  Our State Representatives need to step up and do what we have paid them to do and additionally introduce KCHHI (Kentucky Cannabis Hemp Health Initiative) as a companion Bill alongside Sen. Perry Clark’s Bill and PROTECT the People of this State!

    Both would REPEAL Cannabis prohibition in Kentucky.

    Wake up!  Educate yourselves on the entire truth of how it all does affect you, no matter who you are or what you think you know or believe.  This is the twenty-first Century, the “Information Age”!

    Sincerely,

    Rev. Mary Thomas-Spears

    Please be advised that Rev. Mary Thomas-Spears hand delivered a written copy of this letter to the office of the Bowling Green Daily News on 1/5/2016.  To date, it has NOT been published on their website.

    SOURCE LINKS:

    http://www.bgdailynews.com/opinion/our_opinion/pot-should-stay-illegal-in-ky/article_fededd94-f296-548c-a9cf-f836e7a78bc9.html

    https://www.youtube.com/watch?v=L1jB7RBGVGk

    http://www.canorml.org/cbd.html

    https://en.wikipedia.org/wiki/William_Randolph_Hearst

    http://www.hemphasis.net/Paper/paper.htm

    https://en.wikipedia.org/wiki/Gatewood_Galbraith

    http://www.barnesandnoble.com/w/last-free-man-in-america-gatewood-galbraith/1121786171

    http://ibogaine.mindvox.com/

    http://www.cnn.com/2006/POLITICS/01/31/sotu.energy/

    https://en.wikipedia.org/wiki/Marihuana_Tax_Act_of_1937

    https://en.wikipedia.org/wiki/Leary_v._United_States

    http://www.somerset-kentucky.com/opinion/editorials/every-day-is-tax-day-kentucky-s-dope-tax/article_4a216cb6-d3a2-5cd7-8dde-4625f1d70f85.html

    http://www.monsanto.com/newsviews/pages/why-does-monsanto-sue-farmers-who-save-seeds.aspx

    https://www.rt.com/news/206787-monsanto-india-farmers-suicides/

    http://www.popsci.com/scitech/article/2009-09/scientists-find-thc-gene-hemp

    http://gmo-awareness.com/all-about-gmos/gmo-defined/

    http://www.thefreedictionary.com/THC

    http://sensiseeds.com/en/blog/canada-despite-new-rules-cannabis-patients-can-still-grow-home/

    http://www.democratsagainstunagenda21.com/who-funds-un-agenda-21.html

    http://dailycaller.com/2014/12/05/prohibition-repeal-is-a-good-model-for-marijuana-legalization/

    http://medicalmarijuana.procon.org/sourcefiles/IOM_Report.pdf

    http://www.ratical.org/renewables/hempseed1.html

    http://www.beyondthc.com/wp-content/uploads/2012/07/eCBSystemLee.pdf

    http://search.deadiversion.usdoj.gov/texis/search/?dropXSL=&pr=Prod-static-walk&prox=page&rorder=500&rprox=500&rdfreq=500&rwfreq=500&rlead=500&sufs=2&order=r&rdepth=0&query=marijuana&submit=Search

    http://www.lrc.ky.gov/legislator/s037.htm

    http://kentuckymarijuanaparty.com/2016/01/12/update-16-rs-br-161-has-become-sb-13-kentucky-cannabis-freedom-act/

    http://www.lrc.ky.gov/record/16RS/SB13/bill.pdf

    http://www.constitutionalcannabis.com/kchhi.html

    https://www.facebook.com/profile.php?id=100009087183261

     

    Update: 16 RS; BR 161, has become SB 13, "Kentucky Cannabis Freedom Act"

     

    SB13 Ky Cannabis Freedom Act

    SB13/CI/LM (BR161) – P. Clark
    AN ACT relating to the regulation of cannabis and making an appropriation therefor.
    Establish KRS Chapter 245 to regulate the cultivation, testing, processing, taxing, and sale of marijuana to persons aged twenty-one years and older; amend various sections to conform; repeal KRS 218A.1421, KRS 218A.1422, and KRS 218A.1423.

    Jan 06, 2016 – introduced in Senate
    Jan 07, 2016 – to Licensing, Occupations, & Administrative Regulations (S)

    PLEASE CONTINUE TO CALL, FAX, MAIL, EMAIL AND VISIT YOUR REPRESENTATIVES AND URGE THEM TO SUPPORT SEN. PERRY B. CLARK’s “CANNABIS FREEDOM ACT” ! 

    THIS IS THE ONLY WAY TO MORALLY REPEAL CANNABIS PROHIBITION AND RETURN THIS PLANT TO IT’s PEOPLE!

    Picture

    Picture

    If Kentucky wants to pass br 161 "the Cannabis Freedom Act", you must do this now…

    TREELeft:  Link to USMjParty Kentucky

    Above: Link to Facebook Page of the "Kentucky Cannabis Freedom Coalition"

    Because of the "Origination Clause" in the U.S. Constitution there must be a Representative to submit a "Companion Bill" in order for it to move forward because this clause says that all bills for raising revenue must start in the House of Representatives, but the Senate may propose or concur with amendments as in the case of other bills.

    (From Wikipedia) The Origination Clause, also known as the Revenue Clause, is as follows:

    All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

    COMPANION BILL – A bill which is identical to a bill having been introduced in the opposite house.

    THEREFORE,

    What we need to do right now is to find a Representative who is willing to back up Sen. Perry B. Clark’s BR 161 with a "COMPANION BILL" in order to be in coordination with the "Constitution".

    Please write your Representative an email or letter asking them to get behind Sen. Perry B. Clark’s BR 161 and provide a "Companion Bill" as soon as possible because the Legislative Session (calendar link here) starts on January 5th, 2016 and January 8th, is the deadline for prefiled House Bills.

    The LINKS you will need are listed here (just click on picture):

    LINK to KY BR 161

    KyLRC 12.17.15 Ky Cannabis Freedom Act homepage

    LINK to KY Legislator’s Email Addresses:  (Please note that some of the Representatives/Senators have direct email links, and some of them can be copied/pasted into your email program). 

    KY Legislative Email Addresses

    Also, of note, this is a little more time consuming, but worth it, I believe –  When I wrote my "Email" I sent it to my individual Representative, who is Johnny Bell – in Glasgow, KY, but I also copied the email to ALL of the Kentucky Senators as well as the Representatives, so that THEY ALL would be able to see the letter I had written.

    Here is the LINK to the 2016 Legislative Calendar:

    KY 2016 Regular Session Legislative Calendar

    As well, anyone who may have a printer, and postage money available should ideally send individual letters through the U.S. Postal Service to the Representatives given addresses.  The more "paper" we can send them, the better they will hear us speaking!

    PHONE CALL’s as well will be a great help!  Please back up your letter or email with a phone call to your Representative to reiterate the issue of BR 161 !!!

    PLEASE DO NOT LET THIS BILL DIE!   KEEP IT GOING WITH AN EMAIL AND A PHONE CALL TO YOUR REPRESENTATIVE TODAY!

    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" rolling medicinal and recreational use together in one hit

    By Brad Bowman, Published: December 12, 2015 3:56PM

    Clark talking about cannabis in a legislative committee meeting. Photo courtesy of the Legislative Research Commission.

    Democrat Sen. Perry Clark of Louisville has advocated for the legalization of medical marijuana since the last legislative session to this summer at Mensa’s Annual Gathering where he cleared the smoke and myths surrounding marijuana. Friday he filed a bill rolling medical and recreational use in one big hit.

    Clark filed the “Cannabis Freedom Act” which would regulate the use of cannabis just as the state regulates alcohol.

    Touting the benefit of pot over pills and curbing opioid addiction for patients who use marijuana to overcome pain and problems from illness like multiple sclerosis, Clark has talked extensively in the Senate and legislative committees about the benefits and regulation of marijuana.

    After the Mensa event this summer, Clark had told The State Journal he wanted to have a meaningful conversation about the senseless prohibition of the plant, which Clark said, has been financially backed by alcohol and tobacco companies blocking the legislation in other states.

    The “Cannabis Freedom Act” would end the prohibition on marijuana cultivation, possession and selling the substance in regulatory framework similar to Colorado.

    Quick takeaways on the act include: it would only be available to residents 21 and over;

    • residents could possess up to 1 ounce on their person;

    •cultivate up to 5 plants;

    • store an excess of cultivated cannabis for personal use where it was cultivated or transfer 1 ounce to another person 21 or older without remuneration.

    • persons under 21 could possess cannabis if it was recommended by a licensed physician;

    • no smoking cannabis in public places

    Other parts of the regulator framework would include only residents 21 and over could enter a retail facility for the purchase of cannabis or related products.

    Clark’s bill would maximize unlawful possession at $250 and a $500 fine for illegal growing marijuana on a property without the property owner’s permission.

    “It is abundantly clear to me that cannabis, while being much less harmful, should be treated the same as alcohol,” Clark said in a release. “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.”

    The act’s regulatory framework has a three-tier licensing system which separates cannabis cultivators, processors and retailers independently to “prevent monopolization and vertical integration,” a component different from the framework proposed in Ohio.

    Clark said the tax revenues would be in a restricted fund to increase SEEK funding for the state’s public schools and provide scholarships to Kentucky students who qualify for needs-based  assistance to both public and post-secondary schools in Kentucky.

    Revenues would also help fund evidence-based substance abuse treatment programs, provide grants to local law enforcement agencies to purchase protective equipment and provide additional revenue to the state’s general fund.

    During the 30-day short session, Clark brought up the medicinal studies and medical benefits of cannabis almost every day in the Senate.

    Follow political reporter Brad Bowman at @bradleybowman for all state government and political news.

    CONTINUE READING…