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Kentucky Recreational & Medical Marijuana Laws

What's the real status on Kentucky marijuana laws?

Have you come here looking for quick info on marijuana laws and penalties in Kentucky? We cover recreational marijuana and medical marijuana laws for the state on this page. We also answer the question - Are CBD products and CBD legal in Kentucky? Here are other ways you may have found this page on Kentucky marijuana and CBD laws:
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Kentucky marijuana laws

Some states have been in the news recently, easing marijuana bans. And since the illegal grass has been touted as the number one cash crop in bluegrass, it only makes sense to wonder when legalization might happen in Kentucky. Unfortunately, the answer, at least for now, is not yet. The following is an introduction to the current marijuana laws in Kentucky.

Kentucky medical marijuana law

KY-HB136 lists 19 medical conditions and classes of conditions for which an individual is eligible for the medical marijuana card in Kentucky, such as autism spectrum disorder, chronic pain, Crohn’s disease, epilepsy, glaucoma, HIV/AIDS, inflammatory bowel disease, sclerosis multiple, opioid use disorder, post-traumatic stress disorder, and many overarching categories such as “any disease or other medical condition” approved by the Kentucky Department of Alcoholic Beverage and Cannabis Control, or “any disease or other medical condition” that a medical practitioner believes should be treated With medical marijuana.

Kentucky law on recreational use

Possessing, using, buying, selling, or growing marijuana in Kentucky for medical or recreational purposes is illegal. While possession of fewer than eight ounces is just a misdemeanor, more significant amounts will be treated as “virtual evidence” of intent to sell, leading to a felony charge. Sale and delivery will also be treated as a felony unless the offender sells less than eight ounces for the first time. Planting works the same way: with first-time offenders planting fewer than five plants only receiving a misdemeanor charge. Although marijuana cannot be prescribed for medicinal purposes in Kentucky, cannabis extracts high in CBD have been legal to treat eligible conditions since 2014. However: only if they contain less than 0.3% THC. The Kentucky House of Representatives approved HB 136 in March 2022. This law will allow the sale and purchase of cannabis for medicinal purposes within the state. However, the Senate’s primary focus has been on dealing with the coronavirus pandemic, leading to the postponement of the 2020 session before it is voted on.

Kentucky law on the use of CBD oils

The CBD oil, which has been touted as a treatment product for the ailments ranging from the arthritis to anxiety, is a growing trend across the country, especially in Kentucky. While some of them call it a medical miracle, others question whether it is legal in the state due to its association with marijuana. As long as the CBD is derived from industrial hemp, it is legal to possess CBD oil under KRS 218A.010. When Agriculture Improvement Act of 2018 was signed into federal law, the U.S. Food and Drug Administration allowed the “production and marketing of hemp” and other cannabis derivatives with low amounts of THC, defined as less than 0.3%.

Kentucky marijuana penalties

Possession of marijuana (including small amounts for personal use) in Kentucky is a crime. The offense is a second degree misdemeanor, punishable by a fine of up to $250, up to 45 days in prison, or both. In addition, it is illegal to grow marijuana plants in Kentucky. This includes developing, producing, or harvesting marijuana with the intent to sell or transport it. It is assumed that a person who owns five or more plants grows to intend to sell. Penalties vary depending on the violation. The first offense is the first degree misdemeanor punishable by a fine of up to $500, up-to 12 months in prison, or both. The second and subsequent offenses are Class D felonies, punishable by a fine of between $1,000 and $10,000, imprisonment for one to five years, or both.

The first offense is a Class D felony, punishable by one to five years in prison, a fine between $1,000 and $10,000, or both. The second and subsequent offenses are Class C felonies, punishable by a fine of between $1,000 and $10,000, five to ten years in prison, or both. Trafficking involves processing or selling (or possessing with the intent to do so) marijuana. Trafficking in marijuana is illegal in Kentucky, and penalties vary according to the violation. First offense is a first degree misdemeanor, punishable by a fine of up to $500, up-to 12 months in prison, or both. The second and subsequent offenses are Class D felonies, punishable by a fine of between $1,000 and $10,000, imprisonment for one to five years, or both. The first offense is a Class D felony, punishable by a fine of between $1,000 and $10,000, imprisonment for 01 to 05 years, or both. The second and subsequent offenses are Class C felonies, punishable by a fine of between $1,000 and $10,000, five to ten years in prison, or both.


Kentucky Marijuana Laws in relation to the US Federal Government

As stated before, the US federal government still considers marijuana use illegal for United States citizens, immigrants and tourists. While the federal government still calls marijuana an illegal drug, they have left most enforcement of marijuana law to the US States, partly because the federal government has more important things to deal with on a daily basis. This gives Kentucky the power to mostly set and enforce its own marijuana laws regarding recreational and medical marijuana usage, possession and distribution.

Kentucky Law and other US States

Kentucky's marijuana and CBD laws and penalties are unique to Kentucky. Other U.S. States have differing laws for the possession, usage and distribution of medical and recreational marijuana, and most states have lenient policies regarding CBD oil. The states that prohibit certain aspects of marijuana also have varying penalties for violation of their laws.

The best thing to do is to be informed and visit our United States marijuana law pages and our individual US state profile pages regarding marijuana and CBD.

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