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Bill

SB 36

AN ACT proposing to create a new section of the Constitution of Kentucky relating to the possession of cannabis.

2025 Regular Session

Kentucky proposes constitutional amendment protecting cannabis possession rights, requiring legislative approval and voter ratification to override current prohibition laws.

to State & Local Government (S)
#cannabis #constitution #ky. #correctionsimpact #crimesandpunishments #drugsandmedicines #generalassembly #localmandate
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WeVote Research Nonpartisan
Bill Summary · SB 36

Legislative bill overview

SB 36 proposes a constitutional amendment in Kentucky that would create a new section explicitly addressing cannabis possession rights. The bill is currently in early committee review stages and would require passage through both chambers and voter approval to become part of the state constitution.

Why is this important

Kentucky currently prohibits cannabis possession under state law, making this proposal a significant potential shift in drug policy. A constitutional amendment would provide stronger legal protection for cannabis rights than statutory law alone, effectively restricting the legislature's ability to criminalize possession in the future.

Potential points of contention

  • Federal-state conflict: Cannabis remains a Schedule I controlled substance federally, creating legal tension between state constitutional protection and federal law enforcement authority
  • Public health concerns: Opponents may raise questions about regulation, product safety standards, and public health impacts, particularly regarding youth access and impaired driving
  • Implementation details: The bill's language on what "possession" entails—personal use amounts, growing rights, distribution limits—remains unclear and will likely drive significant debate
  • Economic and criminal justice impacts: Questions about tax revenue, banking access for businesses, and how existing cannabis convictions would be handled

Compiled from official sources — confirm details with the bill’s official record.

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