Kentucky Medical Marijuana Laws

KENTUCKY POSSESSION LAWS:

  • Possession of up to 8 oz. of marijuana is a Class B misdemeanor which is punishable by a maximum sentence of 45 days imprisonment and a maximum fine of $250.

  1. Section 218A.1422 of the Kentucky Revised Statutes
  2. Section 218A. 276 of the Kentucky Revised Statutes 

KENTUCKY DISTRIBUTION LAWS:

  • The sale or trafficking of less than 8 oz. is a Class A misdemeanor for a first offense which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $500.
  • A second or subsequent offense for trafficking or selling less than 8 oz. of marijuana is a Class D felony, punishable by not less than one, nor more than five, years incarceration and a fine of not more than $10,000.
  • The sale or trafficking of 8 oz.-5 lbs. is a Class D felony which is punishable for a first offense by 1-5 years imprisonment and a fine of $1,000-$10,000. A second of subsequent violation of this section is a Class C felony, punishable by not less than five, nor more than ten, years imprisonment and a fine of not over $10,000.
  • The sale or trafficking of 5 lbs. or more is a Class C felony which is punishable for a first offense by a sentence of 5-10 years imprisonment and a fine of $1,000-$10,000. For a second or subsequent violation of this section, the offender will be guilty of a Class B felony, which is punishable by not less than 10, nor more than 20, years imprisonment.
  • The sale to a minor is a felony which is punishable by a sentence of 5-10 years imprisonment and a fine of $1,000-$10,000.
  • A subsequent conviction for the sale to a minor is a felony which is punishable by a sentence of 10-20 years imprisonment and a fine of $1,000-$10,000.
  • The sale within 1,000 yards of a school or park is a felony which is punishable by 1-5 years imprisonment and a fine of $1,000-$10,000
  1. Section 218A.1421 of the Kentucky Revised Statutes 
  2. Section 532.060 of the Kentucky Revised Statutes 

KENTUCKY CULTIVATION LAWS:

  • Cultivation of fewer than 5 plants is a Class A misdemeanor for a first offense, which is punishable by a maximum sentence of 12 months imprisonment and a maximum fine of $500. For a second or subsequent offense, the offender will be charged with a Class D felony, which is punishable by 1-5 years imprisonment and a fine of $1,000-$10,000.
  • Cultivation of 5 plants or more is a Class D felony for a first offense, which is punishable by 1-5 years imprisonment and a fine of $1,000-$10,000. A second or subsequent offense is a Class C felony which is punishable by 5-10 years imprisonment and a fine of $1,000-$10,000.
  1. Section 218A.1423 of the Kentucky Revised Statutes
  2. Section 532.060 of the Kentucky Revised Statutes 


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 1,000 yards of a school or park

Felony

1* - 5 years

$10,000

* Mandatory minimum sentence

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

* Mandatory minimum sentence

Paraphernalia

Possession of paraphernalia

Misdemeanor

1 year

$500