Secretary of the Justice and Public Safety Cabinet
Kerry Harvey
Co-chair
Secretary of the Public Protection Cabinet
Ray Perry
Co-chair
La Grange
Dr. Amber Cann
Pharmacist and Business Owner
Rineyville
Julie Cantwell
Advocate with Kentuckians for Medical Marijuana
Louisville
Jennifer Cave
Member, Stites and Harbison
Maysville
Eric Crawford
Advocate
Frankfort
Cookie Crews
Commissioner of the Department of Corrections
Louisville
Dr. John Farmer
OB/GYN, medical director of Solid Ground Counseling and Recovery, addiction treatment provider in Louisville, Morehead, and Hazard
Whitesburg
Dr. Jonathan Hatton
Family medicine, Mountain Comprehensive Health
Jeffersonville, IN
Brian Jointer
Certified public health worker in Louisville
Lexington
Dr. Nick Kouns
Professor of Palliative Care, Clark Regional Medical Center
Cincinnati, OH
Alex Kreit
Director of the Chase Center on Addiction Law and Policy at Northern Kentucky University
Louisville
Dr. Linda McClain
OBGYN and Addiction Specialist
Lexington
Andrew Sparks
Former assistant U.S. Attorney
Louisville
Dee Dee Taylor
Chief executive officer, 502 Hemp Wellness Center
Morganfield
Julie Wallace
Union County Attorney
Beaver Dam
Kristin Wilcox
Co-founder of the Kentucky Moms for Medical Cannabis
Q: When is Executive Order 2022-798 effective
A: January 1, 2023.

Q: Is Executive Order 2022-798 retroactive?
A: No. The order applies January 1, 2023 and after.

Q: Does Executive Order 2022-798 require a person to have a state-issued medical cannabis card?
A: No. The order requires a person to have a written certification from a physician that shows the person has been diagnosed with one of the 21 medical conditions listed in the order.

Q: What must be in a physician’s written certification?
A: The written certification must contain all of the following:
  • The patient’s name, date of birth, home address and telephone number;
  • The physician’s name, address, telephone number, and professional license number;
  • A statement that the physician has a bona fide physician-patient relationship with the patient;
  • A statement by the physician that in his or her professional opinion the patient suffers from a medical condition listed in the order.

Q: Is the written certification a prescription?
A: No.

Q: Does the physician have to recommend medical cannabis in this written certification?
A: No.

Q: Does Executive Order 2022-798 apply to a Kentucky resident who buys medical cannabis in a state that does not allow non-residents of that state to buy medical cannabis here?
A: No. The order applies only to individuals who lawfully buy medical cannabis in another state.

Q: Other than the written certification, what other documents does Executive Order 2022-798 require?
A receipt or other document showing the place of purchase, the location of the place of purchase, and the date of purchase.

Q: Does Executive Order 2022-798 apply to federal law?
A: No. The order applies only to the Kentucky crime of possession of marijuana and does not apply to any federal law or the laws of any state other than Kentucky.

Q: Does Executive Order 2022-798 apply to a person who possesses medical cannabis on an airplane?
A: No. The order does not apply to federal law that would apply to air travel.

Q: Does Executive Order 2022-798 apply to people in Kentucky who grow or sell cannabis?
A: No. The order applies only to possession of 8 ounces or less of medical cannabis. It does not apply to any person who grows, produces, sells, or distributes medical cannabis.

Q: Are Nurse Practitioners allowed to provide the written certification?
A: No. The written certification must be provided by a physician.

Q: Does Executive Order 2022-798 apply to a caregiver who possesses medical cannabis?
A: Yes. The order applies to a caregiver age 21 years or older who has significant responsibility for managing the well-being of the individual the caregiver lawfully bought the medical cannabis for. If in possession of the medical cannabis, the caregiver must have a written document showing that he or she is a caregiver for the person. This written document is not required for a parent or legal guardian of the individual.

Q: What does Executive Order 2022-798 do?
A: The order pardons an individual who on or after January 1, 2023, is accused of the crime of possession of marijuana under KRS 218A.1422.