Plaintiffs appealed a Kentucky court ruling throwing out their lawsuit to legalize medical marijuana.
Last month, a Franklin Circuit judge dismissed the lawsuit against Gov. Matt Bevin and Attorney General Andy Beshear.
While the judge acknowledged marijuana has the potential for medial use, he said it is up to the legislature to decide the issue.
In a statement an attorney for the plaintiff said, “Whether a law is constitutional is absolutely the work of the judiciary-not the legislature. Our clients have a right to use safe, effective medicine under the Kentucky constitution and the prohibition against it is not only outdated and contrary to the law, but it’s just plain wrong.”
Twenty-nine states have legalized marijuana in some way.