On June 2, 2026, Kentucky Governor Andy Beshear announced an executive order requiring the Kentucky Office of Medical Cannabis (“OMC”) to issue a clarifying regulation on qualifying medical conditions. The Kentucky legislature did not pass any bills changing or altering Kentucky’s medical cannabis program during the 2026 legislative session, which concluded earlier in the year. The qualifying conditions approved by the Kentucky legislature are limited to:
- Any form or type of cancer
- Chronic, severe, intractable or debilitating pain
- Epilepsy or other intractable seizure disorder
- Multiple sclerosis, muscle spasms, or spasticity
- Chronic nausea or cyclical vomiting syndrome
- Post-traumatic stress disorder
Governor Beshear stated that the emergency regulation will not expand the qualifying conditions, but will provide clarity on certain medical diagnoses that would meet the statutory qualifications because of the nature of the conditions. For example, although “severe arthritis” is not included in the statutory list of qualifying conditions, that diagnosis includes “chronic pain.”
These medical conditions that will be expressly referenced in the regulation are:
- Terminal Illness
- Sickle Cell Anemia
- ALS
- Parkinson’s Disease
- HIV
- AIDS
- Huntington’s Disease
- Muscular Dystrophy
- Cachexia or Wasting Syndrome
- Crohn’s Disease
- Ulcerative Colitis
- Neuropathies
- Severe Arthritis
- Fibromyalgia
- Glaucoma
Governor Beshear also stated that Executive Order 2022-798 remains in effect, which declares a pardon for the criminal offense of possession of marijuana if certain conditions are met. These conditions include proof of specific medical conditions that are similar to both the statutory conditions in KRS 218B.010(26) and in the proposed emergency regulation.
Kentucky’s cannabis program will be further affected by changes in federal law, including the ongoing DEA registration process for medical cannabis programs that provides a pathway for federal legality.
If you have any questions, please reach out to a member of the Dentons cannabis group.
