Kentucky Laws regarding Marijuana
In Kentucky, individuals are prosecuted for marijuana possession, sale, and cultivation. Repeated offenders and high amounts of marijuana can result in increased charges. Distributing, possessing, or selling marijuana on or within a specific distance of school or park property can also increase charges. Marijuana is not recognized as legal for any purpose, neither personal nor medical. Because medical marijuana is not legal in the state of Kentucky, all those possessing any amount of marijuana will be prosecuted.
Possession
A first-time offender of possession will have lesser charges than that of an individual who has previously been charged with marijuana possession. A first offense of possessing fewer than eight ounces of marijuana is considered a Class A Misdemeanor and is punishable by a five hundred-dollar fine with or without incarceration up to one year. Any subsequent offenses of possessing fewer than eight ounces is considered a felony offense and can result in imprisonment between one and five years with or without a fine between one thousand and ten thousand dollars.
Cultivation
A first offense of cultivating five plants or fewer is considered a Class A Misdemeanor and is punishable by a five hundred-dollar fine with or without incarceration up to one year. Any subsequent offenses of cultivating five plants or fewer or cultivating five plants or more are considered felony offenses. Both of these offenses earn the same punishment of a fine between one thousand and ten thousand dollars with or without incarceration between one and five years. Any subsequent cultivation of five or more plants is punishable by five to ten years of incarceration with or without a one thousand- to a ten thousand-dollar fine.
Trafficking and Selling
Trafficking and selling falls into the same category of charges in Kentucky. Selling or trafficking fewer than eight ounces is considered a Class A Misdemeanor, whether or not it be a first or subsequent offense. Penalties for this crime include a fine of five hundred dollars with or without incarceration of one year.
Trafficking or selling between eight ounces and five pounds of marijuana is a felony offense — as well as all other selling or trafficking offenses — and carries the penalties of one to five years of incarceration with or without a fine between one thousand and ten thousand dollars. Selling or trafficking five pounds or more or the first offense of selling any amount to a minor are penalized by five to ten years of jail time with or without a fine of one thousand to ten thousand dollars.
Subsequent sales to minors are punished by a fine between one thousand and ten thousand dollars with or without imprisonment between ten and twenty years. Selling or trafficking any amount of marijuana within one thousand yards of or on park or school property is punishable by one to five years of incarceration with or without a fine between one thousand and ten thousand dollars.
Driving
Driving under the influence of marijuana is treated the same as driving under the influence of other illegal drugs. Any minors who are charged with have their driver’s licenses suspended between one and two years.