Kentucky Marijuana Laws

Kentucky is known as the Bluegrass State, but with its status as a leader in arrest rates for marijuana, it might be more accurately referred to as the Grass state. As a resident, you can avoid being a statistic through education and awareness of local paraphernalia laws.

Kentucky Marijuana Attorneys

The following Kentucky lawyers are actively involved in the practice of cannabis law:

Kentucky_aldridgeandaldridge
Kentucky_shannonsextonlaw

LAW BREAKDOWN

Marijuana is legal in Kentucky for limited medical use, but the only form of the drug that is allowed is non-intoxicating CBD oil, and then only for patients with severe seizure disorders. Any other use of cannabis is explicitly banned.

Possession

Possession of less than 8 ounces of cannabis for personal use is a misdemeanor in Kentucky, punishable by up to 45 days in jail and $250 in fines. Possession of larger amounts, even for personal use, is treated as felony sale or trafficking.

Sale or Trafficking

Sale or trafficking of small amounts of marijuana, less than 8 ounces, is a misdemeanor on a first offense, and the top penalty is one year in jail and $500 in fines. For a subsequent offense, sale or trafficking of less than 8 ounces is a felony punishable by between one year in jail and five years in prison, plus $10,000.

Sale or trafficking of greater amounts is a felony. If the weight is between 8 ounces and 5 pounds, the penalty for a first offense is between one year in jail and five years in prison, along with up to $10,000 in fines. On a subsequent offense, sale or trafficking of the same amount carries a sentence of at least five years in prison and as many as 10, as well as a $10,000 fine.

If the weight is greater than 5 pounds, first-time offenders face a penalty of between five and 10 years in prison and $10,000 in fines. On a subsequent conviction, the same offense is punishable between 10 and 20 years in prison and $10,000.

Sale of marijuana to a minor is also a felony, punishable by between five and 10 years in prison and $10,000 on a first offense. A subsequent conviction brings a sentence of 10 to 20 years in prison and a top $10,000 fine. Finally, sale or trafficking within 1,000 yards of a school or park is a felony with a penalty of one year in jail to five years in prison, plus $10,000 in fines.

Cultivation

Growing fewer than five plants is a misdemeanor on a first offense and carries a maximum sentence of one year in jail and $500 in fines. The same offense is a felony on a subsequent conviction and comes with a penalty of between one year in jail and five years in prison and $10,000 in fines.

On a first offense, growing five or more plants is a felony and is punishable by a maximum fine of $10,000 and a sentence of between one year in jail and five years in prison. On a subsequent offense, the same crime carries a penalty of five to 10 years in prison and $10,000.

Hash and Concentrates

Hashish and other cannabis concentrates are treated the same as traditional marijuana products under Kentucky law. Among other things, this means the weight limits are the same and the penalties are no greater than they otherwise would be.

Paraphernalia

Possession, use, sale, and advertising of marijuana paraphernalia are all class A misdemeanors in Kentucky, unless the paraphernalia is marketed, sold and used only for legal purposes. Paraphernalia includes all drug-related items, including those used in the cultivation, harvesting, processing, analysis, storage, inhaling, ingesting, or any other consumption of marijuana. Penalties include up to one year in jail and a maximum $500 fine.

MEDICAL MARIJUANA

Kentucky became the third state to legalize CBD oil in Apr, 2014, although a production and distribution program has still to be established. It remains illegal for patients to cultivate their own plants and extract the oil, and it is a federal crime to transport the substance over state lines, making CBD inaccessible for qualifying patients.

Qualifying conditions – Intractable epilepsy

Patient possession limits – Possession of CBD is only allowed by persons acting within a state-sponsored clinical protocol.

Home cultivation – No

State-licensed dispensaries – No

Caregivers – No

Reciprocity – No

Contact information – NA

PENALTIES

Offense Penalty Incarceration   Max. Fine

Possession

Less than 8 oz Misdemeanor 45 days $ 250

Sale or Trafficking

Less than 8 oz (first offense) Misdemeanor 1 year $ 500
Less than 8 oz (subsequent offense) Felony 1 – 5 years $ 10,000
8 oz – 5 lbs (first offense) Felony 1 – 5 years $ 10,000
8 oz – 5 lbs (subsequent offense) Felony 5 – 10 years $ 10,000
5 lbs or more (first offense) Felony 5 – 10 years $ 10,000
5 lbs or more (subsequent offense) Felony 10 – 20 years $ 10,000
To a minor (first offense) Felony 5 – 10 years $ 10,000
To a minor (subsequent offense) Felony 10 – 20 years $ 10,000
Within 1000 yards of a school or park Felony 1 – 5 years $ 10,000

Cultivation

Less than 5 plants (first offense) Misdemeanor 1 year $ 500
Less than 5 plants (subsequent offense) Felony 1 – 5 years $ 10,000
5 plants or more (first offense) Felony 1 – 5 years $ 10,000
5 plants or more (subsequent offense) Felony 5 – 10 years $ 10,000

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Possession of paraphernalia Misdemeanor 1 year $ 500