On January 8, 2024, the Kentucky Cabinet for Health and Family Services (Cabinet) published its long-anticipated first proposed set of medical marijuana regulations. These proposed regulations set forth the operating requirements for various types of operators within the program (including cultivators, processors, producers, and dispensaries), and rules for cannabis transportation, packaging, labeling, advertising, and testing. Unfortunately, the proposed regulations do not provide any insight regarding the upcoming application round or timeline; however, the press release associated with these regulations makes it clear that the Cabinet is in the process of developing additional administrative regulations. These draft regulations are now subject to a public review and comment period, which ends on March 31, 2024 (the deadline to submit written comments). If requested, the Cabinet will hold a virtual public hearing on the draft regulations on March 24, 2024.

McGlinchey’s cannabis attorneys are reviewing the proposed regulations and performing comparative analyses with regulations in other states that have mature medical marijuana markets, to determine whether or not comments are necessary.