Earlier this year (2023) Kentucky signed Senate Bill 47 which legalized medical cannabis in the state. Recreational cannabis is still illegal in the state. We’re going to break down everything you need to know about cannabis law in Kentucky, mainly on what you need to know about medical, and even information on cannabis crimes and penalties.

Medical Cannabis in Kentucky

The law legalizing medical cannabis will not take effect until January 1, 2025. Until then, the Governor’s Executive Order will still be active allowing those suffering from medical conditions that need access to medical cannabis to legally obtain it from our of state and bring it to Kentucky without penalty within limitations.

To be eligible for a medical card in Kentucky you need a qualifying condition. These include all types of cancer no matter the stage; any pain that is considered chronic, severe, intractable, or debilitating; epilepsy or other relatable disorders; multiple sclerosis, or forms of muscle spasms; PTSD; chronic nausea or cyclical vomiting syndrome only when other medical treatments have failed. Below is some key information to know for medical patients that qualify for cannabis and their caregivers.

  • Cannabis is limited to mainly cartridges and edibles; no flower is allowed to be smoked, but sale of unprocessed cannabis for vaporization is still allowed.
  • Cannabis will only be sold to patients 21 and older.
  • Home cultivation is NOT allowed.
  • THC caps will be in place on products; 35% THC on cannabis flower; 70% THC for concentrates; edible max of 10mg per serving.
  • Need to receive a written certification reissued every 90 days, and an exam from a physician at least once per year.
  • Must have a state identification card and cannot have a disqualifying felony conviction.
  • Medical patients will be allowed to possess a 30 day supply of cannabis in their residence, and only a 10 day supply on their person. These rules apply as well to Caregivers per each registered qualified patient under their care.
  • No new protected classes have been made, employees cannot claim wrongful discharge or discrimination for their medical cannabis use against their employer. Employers are not required to permit or accommodate in any fashion the use of medical cannabis or its transportation. Employers may still be required to reasonably accommodate a qualifying disability, but this does not include permitting use of medical cannabis in the workplace.
  • There are protections in place for medical patients using cannabis, including protection for child custody and child welfare determinations, patients cannot be denied organ transplants or other medical procedures.

For more FAQs and to view the Executive Order click here

Cannabis Crime and Penalties

If you are not a current qualifying medical patient for cannabis, or if you go over your 30 day residential limit or 10 day limit in person, it’s important to know the following crimes and penalties for usages, possession, transportation, and selling of cannabis.

Possession

  • Less than 8 oz – Misdemeanor – 45 days incarceration – $250 fine
  • Subsequent Offense or More than 8 oz – Felony – 1* to 5 years incarceration – $10,000 fine

Sale or Trafficking

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

* Mandatory Minimum Sentence

Cultivation

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

Hash & Concentrates

  • Penalties for hashish are the same as for cannabis.

Paraphernalia

  • Possession of paraphernalia – Misdemeanor – 1 year incarceration – $500 fine

Licensing and more Information

Since medical cannabis doesn’t officially legalize in Kentucky until 2025 right now is a good time to start preparing if you’re interested in starting a dispensary. Currently hemp cultivation, processing, and lab testing has already been around in the state since 2019 after the federal Farm Bill of 2018 was passed legalizing hemp. For more information on Kentucky’s Hemp Licensing Program, laws, applications, and more please visit here.

For those interested in starting a dispensary there are currently no set specific rules and regulations.  The earliest this information may become available could be January 1, 2024.

Have any other questions, or did we miss something? Comment below with your thoughts!

For more information on cannabis laws in the United States and its States please read more on https://terplaws.com/