Some Basics On Kentucky’s Marijuana Laws
Marijuana is yet to be legalized in Kentucky. So it is a crime to possess, grow, cultivate, or sell any amount of marijuana in Kentucky. Currently, the only people allowed to possess marijuana in Kentucky are those with at least one of 21 medical conditions, including cancer, epilepsy, Parkinson’s disease, PTSD, sickle cell anemia, and ALS or Lou Gehrig’s disease. This came after an executive order relating to medical cannabis was released by Governor Andy Beshear in November 2022. However, even the people allowed to possess marijuana must meet strict conditions. First, they must purchase the marijuana in a state where the purchase of cannabis is legal and regulated, and there should be a receipt proving that the marijuana was purchased in one of those places. Second, a person can only purchase and use eight or fewer ounces of marijuana at any time. Additionally, the person must have a certification showing a diagnosis of one of the 21 defined medical conditions.
Cannabis Possession Laws
For anyone in Kentucky not suffering from one of the 21 defined medical conditions, possessing any amount of marijuana is a crime. If a person is found with up to eight ounces of cannabis, they are guilty of a class B misdemeanor. This crime is punishable by a jail term of up to 45 days, a fine of up to $250, or both.
If a person is found with eight or more ounces of marijuana, that is prima facie evidence that they intended to sell or transfer the substance.
Cannabis Cultivation Laws
In Kentucky, you are prohibited from cultivating, planting, or harvesting cannabis with the intention of selling or transferring it. A person found cultivating less than five plants is guilty of a class A misdemeanor if it is a first offense. This offense is punishable by a fine of up to $500, a jail term of up to a year, or both. A second or subsequent offense attracts heftier penalties.
If a person is found cultivating five or more plants, they are guilty of a class D felony if it is a first offense. This crime is punishable by a jail term of one to five years, a fine of up to $10,000, or both. A second or subsequent offense attracts heftier penalties.
Cannabis Trafficking Laws
Trafficking of marijuana arises when a person processes or sells marijuana or possesses marijuana with the intention of processing or selling it. If a person trafficks less than eight ounces of marijuana, they are guilty of a class A misdemeanor if it is a first offense. A second or subsequent crime is a class D felony.
If a person trafficks between eight ounces and five pounds of cannabis, they are guilty of a class D felony if it is a first offense. A second or subsequent crime is a class C felony.
If a person trafficks five pounds or more of marijuana, they are guilty of a class C felony if it is a first offense. If it is not a first offense, trafficking five pounds or more of cannabis is a class B felony.
Trafficking marijuana to a minor and trafficking on or within 1,000 yards of a school are also felony crimes, which attract hefty penalties.
Contact a London Drug Crime Attorney Today
If you or a dear one is charged with possessing, cultivating, or trafficking marijuana in Kentucky, the skilled and dedicated London drug crime attorneys at Cessna & George Law Firm can help. You can reach us by calling 606-770-5400 or filling out our online contact form.
Source:
governor.ky.gov/attachments/20221115_Executive-Order_2022-798_Medical-Cannabis.pdf
