Harlan Council discusses medical cannabis

The Harlan City Council addressed the imminent legalization of medical cannabis in Kentucky during the panel’s regular meeting for July.

City of Harlan Mayor Joe Meadors brought the matter before the council.

“I got some information late last week about medical cannabis,” Meadors said. “This is something we’re going to have to address.”

Meadors reminded the council Kentucky had decided to legalize medical cannabis in July of last year.

“It doesn’t come into effect until Jan, 1, 2025,” Meadors said. “There are three things you can do. The city can do nothing, and state law prevails and there will be legal cannabis sales within your community. You can opt out, just say you don’t want it in your community, but if you do that, it’s subject to recall by public referendum, or you can enact your own ordinance.”

Meadors explained it would be against state regulations to enact an ordinance which imposes strict monetary regulations on a business which makes it difficult for that business to operate profitably.

“They did send several examples of ordinances that have been passed,” Meadors said. “But all of them they have shown me were cities that already have zoning laws on the books, all they’re doing is you can tell them where they can operate and what hours.”

Meadors pointed out there will be fees at the state level, but he was unsure what fees will be allowed at the local level.

“With alcohol, we enforced our local option and there’s a percentage…and regulatory fees they have to pay every year to keep that license,” Meadors said. “There’s some questions we’re going to have to have answered.”

Meadors asked the council for their thoughts.

City Attorney Karen Davenport noted any licensing would be for medical cannabis only.

“It’s not recreational,” Davenport said. “You would have to have a prescription. But the (state) licenses started being sold this month on July, 1. Medical cannabis is legal in Kentucky on Jan. 1, but people can go ahead and apply for licenses.”

Meadors explained some additional restrictions included in the legislation.

“You have to have a medical cannabis card to purchase it, you have to have the card on your person,” Meadors said. “The first time you get your prescription you have to go see a doctor in person. When you get it renewed – you have to have it renewed every 90 days – you can go Telemed…you have to see one either in person or by Telemed. But the first one must be in person.”

Davenport noted there is revenue for the city available.

“I’d hate to see the city miss out on any kind of revenue,” Davenport said. “In many places they no longer have a state income tax because of all the revenue collected. And then another one did no state tax followed by no property tax, the people there are loving it.”

Meadors mentioned there are multiple medical uses for cannabis.

“There are a lot…glaucoma, chemotherapy patients, some people with advanced arthritis, that’s the only (option),” Meadors said.

Harlan City Chief of Police Winston Yeary advised the council he was not aware of medical cannabis causing an increase in illegal activity in other locations.

“It looks like it will be regulated pretty well,” Yeary said. “You can drive to Virginia, it’s legal there…I think as long as it’s regulated well, it’s good.”

Yeary mentioned DUI laws will still be in effect.

“Just because you’re a (medical cannabis) card holder doesn’t mean you can take a dose and drive,” Yeary said.

Meadors stated the legislation does not make smoking marijuana legal.

“This is only things that you ingest or maybe rub on, it’s not for smoking marijuana,” Meadors said. “If you allow medical cannabis, you wouldn’t be touching that. That’s still going to be illegal.”

Following some further discussion, the council opted to research the issue further before taking any action.

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