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Kentucky Marijuana Laws

Marijuana possession and sale remains almost entirely illegal in Kentucky. While a law was passed in April of 2014 allowing patients access to cannabidiol (or “CBD,” a non-psychoactive element of marijuana) in medicinal cases, it is not expected to increase availability or use. Although other states have amended their drug laws to permit marijuana legalization and decriminalization, possession and sale of marijuana is still a crime in the Kentucky, with certain levels of possession constituting a felony under state law.

Kentucky Marijuana Statutes

Not all state marijuana laws treat pot equally. The table below highlights the specifics of Kentucky’s marijuana statutes.

Code Section

Kentucky Revised Statutes 218A.010, et seq.: Controlled Substances


Class A misdemeanor (includes less than 5 plants); over 5 plants: Class D felony


Under 8 oz.: Class A misdemeanor; Subsequent offense: Class D felony; 8 oz. to 5 lbs.: Class D felony; Subsequent offense: Class C felony Over 5 lbs.: Class C felony; Subsequent offense: Class B felony; Possession of over 8 oz. is prima facie evidence of intent to sell




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