Are there any effects of Governor Beshear’s Executive Order regarding marijuana?
In realty, the executive order doesn’t change anything and really just doesn’t help anybody. On a first offense, anyone can have their marijuana conviction voided by taking a 3 hour class if they don’t do diversion. The majority of those charged will do the diversion program, which negates even a plea of guilty for the misdemeanor charge in Kentucky.
I have discussed this Ex Order with numerous other attorneys and no one has seen ANY cases that would fit into Governor Beshear’s narrow confines in which a pardon would be warranted.
First, the defendant would have to have an actual prescription which would have to be by a Medical Doctor out of state, because marijuana cannot be prescribed in Kentucky. Then the marijuana would have to be bought out of state with the prescription and the defendant would have to keep the receipt. Finally, the Order mandates the pardon/relief is only for specific medical conditions.
In states with medical marijuana cards, the majority are granted for sleeping problems, mental health, anxiety or depression – all NOT covered by Governor’s Executive Order.
I view this as publicity with no real help to anyone charged. If you have been charged and need legal counsel, or if you want to have your case sealed and expunged, email [email protected], use contact Michael Bouldin or call 859-581-6453 (581-MIKE).