Kentucky judge dismisses challenge of medical marijuana ban

A Kentucky judge has dismissed a lawsuit seeking to overturn the state’s ban on marijuana for medical purposes.

Franklin Circuit Judge Thomas Wingate recognized in a ruling Wednesday that marijuana has the potential for medicinal use. But he said the three people who filed the lawsuit do not have a constitutional right to violate a controlled-substance law.

Twenty-nine states have legalized marijuana in some way, the most common being for medical purposes. Kentucky lawmakers have failed to consider proposals to do so. In 2014, the legislature allowed the limited prescription of cannabidiol, which comes from the cannabis plant.

The lawsuit was filed by three people who use medical marijuana. They could appeal the decision. An attorney representing them did not immediately respond to a phone call and email requesting comment.


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