Kentucky Lawsuit: Judge Asks State Why MMJ Is Still Prohibited

Is medical marijuana a “political question” or a liberty issue? One Kentucky Judge will have to decide.

On Tuesday, Kentucky Judge Thomas Wingate asked Governor Matt Bevin and Attorney General Andy Beshear’s legal team why he should reject a lawsuit calling for the legalization of medicinal cannabis in the Bluegrass State.

Filed in July, the motion placed before the Franklin Circuit Court asked the judge to consider whether or not medical marijuana is a political question that should be decided by the General Assembly, according to

“The General Assembly will consider legalizing medicinal marijuana again in the 2018 session. It is solely within the General Assembly’s constitutional powers to determine whether to make medicinal marijuana lawful,” noted Barry Dunn, an attorney for Gov. Bevin.

Nevertheless, the litigants — Dan Seum Jr., Amy Stalker, and Danny Belcher, strongly disagree.

After years of unsuccessfully lobbying the state’s General Assembly to consider legalizing medical marijuana, the plaintiffs allege that Kentucky’s ban on marijuana infringes on their state rights provided within the Kentucky Constitution: “Section 2….

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