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Kentucky Marijuana Laws
The state of Kentucky currently criminalizes the possession, cultivation, sale, or use of marijuana. The state’s laws also provide harsher penalties for persons who possess or distribute marijuana near a school or park. An offender charged with possession, distribution, or cultivation of marijuana should consult a marijuana attorney prior to their arraignment to determine the best defense possible for the case. In the state of Kentucky, the drug marijuana is listed as number one on the state’s top ten cash crops list. Over 526,000 pounds of marijuana is harvested annually in the state of Kentucky, which accounts for $2.2 million to $3.6 million of profit.
Medical Marijuana Users
In the state of Kentucky there are no separate laws governing the use of marijuana for medical purposes. Therefore, the possession or use of any amount of marijuana in the state of Kentucky will be punishable with applicable charges for the specified amount.
Non-Medical Users
As with the majority of other states in the country, the state of Kentucky does not have a separate law for medical use. Therefore, all users of the drug, including non-medical users and recreational users are considered to be breaking the state’s laws for marijuana. State lawmakers have attempted to change the laws citing high burden on taxpayers but there has yet to be any success in the state Congress.
Penalties for Marijuana Use in Kentucky
|
Possession of less than 8oz for first offense |
Class A Misdemeanor |
Penalties include one year in prison and/or a $500 fine |
|
Possession of less than 8oz for subsequent offense |
Felony |
Penalties include one to five years in prison and/or a $1,000-$10,000 fine |
|
Possession of more than 8oz |
See sale and trafficking |
|
Penalties for Growing, Selling, or Trafficking Marijuana
Cultivation
|
Less than five plants for first offense |
Class A Misdemeanor |
Penalties include one year in prison and/or a $500 fine |
|
Less than five plants for subsequent offense |
Felony |
Penalties include one to five years in prison and/or a $1,000-$10,000 fine |
|
Five plants or more for first offense |
Felony |
Penalties include one to five years in prison and/or a $1,000-$10,000 fine |
|
Five plants or more for subsequent offense |
Felony |
Penalties include five to ten years in prison and/or a $1,000-$10,000 fine |
Sale or Trafficking
|
Less than 8oz |
Class A Misdemeanor |
Penalties include one year in prison and/or a $500 fine |
|
8oz to 5lbs |
Felony |
Penalties include one to five years in prison and/or a $1,000-$10,000 fine |
|
5lbs or more |
Felony |
Penalties include five to ten years in prison and/or a $1,000-$10,000 fine |
|
Sale to minor for first offense |
Felony |
Penalties include five to ten years in prison and/or a $1,000-$10,000 fine |
|
Sale to minor for subsequent offense |
Felony |
Penalties include 10 to 20 years in prison and/or a $1,000-$10,000 fine |
|
Within 1,000 yards of a school or park |
Felony |
Penalties include one to five years in prison and/or a $1,000-$10,000 fine |
Penalties for Driving Under the Influence of Marijuana
There are no separate laws for driving under the influence of marijuana in the state of Kentucky. The state considers driving under the influence of marijuana to be punishable by the same laws as being intoxicated by any other illegal drug. In addition, minors convicted of drug offenses in the state of Kentucky are subject to having their license suspended for one year for their first offense and two years for their second offense.
Legal Help with a Marijuana Offense
Any individual facing marijuana charges in the state of Kentucky should hire a marijuana attorney immediately to develop a defense to the charge. If a private marijuana lawyer cannot be afforded by the offender then an appointed-counsel should be provided by the court. The state of Kentucky has alternative sentencing for marijuana offense including rehabilitation. An attorney will be able to develop the proper plea bargain for acquiring an alternative sentence.