Kentucky's medical marijuana law has a limited list of conditions that make someone eligible for medical cannabis. Some conditions are specific, such as cancer and epilepsy. But the governor says other conditions are symptoms of a number of underlying illnesses — think chronic pain or nausea.
And Beshear argues illnesses known to cause those symptoms should be part of the official list. And that's what his latest executive order does, adding fifteen conditions including ALS, Parkinson's Disease, Sickle Cell Anemia, and severe arthritis.
Dr. Linda McClain is a member of the Board of Physicians and Advisors. She says the new order will help clear up uncertainty for many patients seeking the alternative treatment.
"A lot of confusion stems from the fact that multiple conditions have the same symptoms, but yet some conditions and covered and some are not," she says. "So today is going to help clarify that, particularly... for patients that suffer chronic pain or chronic nausea."
But Republican lawmakers have not acted on their own to alter the list, leading to the potential for a legal challenge. Asked whether he expects a court battle with the state's attorney general, Beshear said he believes his order aligns with what's already on the books.
"Unless (the attorney general) wants to argue severe arthritis doesn't include chronic pain, I think we're pretty solid under the law," the governor said. "It was the way the law was written. It provides that level of flexibility. This is a clarification."
The initial list approved by lawmakers:
- Any type or form of cancer;
- Chronic or severe pain;
- Epilepsy or other intractable seizure disorder;
- Multiple sclerosis, muscle spasms, or spasticity;
- Chronic nausea or cyclical vomiting syndrome; or
- Post-traumatic stress disorder.
The updated list under Beshear's executive action:
- 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