Kentucky Marijuana Laws

Marijuana possession, sale, and manufacture are regulated by both state and federal law. Kentucky classifies marijuana as a Schedule I substance, which means that it has a high potential for abuse and no recognized medical value. Below are Kentucky's laws and penalties on the possession, cultivation, and trafficking of marijuana. Medical marijuana is legal in the state as of January 1, 2025.

While not covered in this article, it is also a crime to drive under the influence of marijuana in Kentucky.

Is Recreational Marijuana Possession Legal in Kentucky?

No. Kentucky makes it a crime to possess any amount of marijuana (other than medical marijuana). Violations are class B misdemeanors, punishable with a fine of up to $250, up to 45 days in jail, or both. For those between the ages of 14 and 17, a violation can also result in revocation of one's driver's license for one to two years.

A person who possesses marijuana with intent to sell can face harsher trafficking charges (see below). Unlawful possession of eight or more ounces of marijuana is presumed to be a trafficking offense.

(Ky. Rev. Stat. §§ 218A.1422, 218A.991, 534.040; 902 Ky. Admin. Regs. 55:015 (2025).)

Is It Legal to Grow Marijuana Plants in Kentucky?

It's illegal to cultivate marijuana plants in Kentucky with the intent to sell or transfer it. A person who possesses five or more plants is presumed to be cultivating with the intent to sell. Penalties vary according to the violation.

• Four or fewer plants. A first offense is a class A misdemeanor punishable with a fine of up to $500, up to 12 months in jail, or both. Second and subsequent offenses are class D felonies, punishable with a fine of between $1,000 and $10,000, between one and five years in prison, or both.
• Five or more plants. A first offense is a class D felony, punishable by one to five years in prison, a fine of between $1,000 and $10,000, or both. Second and subsequent offenses are class C felonies, punishable with a fine of between $1,000 and $10,000, between five and 10 years in prison, or both.

Cultivation for personal use falls under the possession penalties.

(Ky. Rev. Stat. §§ 218A.1423, 532.020, 532.090, 534.030, 534.040 (2025).)

What Is Marijuana Trafficking in Kentucky?

Kentucky defines trafficking as selling, distributing, dispensing, or possessing a drug with intent to sell, distribute, or dispense. The penalties for trafficking marijuana range from a class A misdemeanor to a class B felony, depending on the amount, location of the violation, and whether the defendant has priors.

• Up to eight ounces. A first offense is a class A misdemeanor, punishable with a fine of up to $500, up to 12 months in jail, or both. Second and subsequent offenses are class D felonies, punishable with a fine of between $1,000 and $10,000, between one and five years in prison, or both.
• Eight ounces or more but less than five pounds. A first offense is a class D felony, punishable with a fine of between $1,000 and $10,000, between one and five years in prison, or both. Second and subsequent offenses are class C felonies, punishable with a fine of between $1,000 and $10,000, between 5 and 10 years in prison, or both.
• Five pounds or more. A first offense is a class C felony, punishable with a fine of between $1,000 and $10,000, between 5 and 10 years in prison, or both. Second and subsequent offenses are class B felonies, punishable with a fine of between $1,000 and $10,000, between 10 and 20 years in prison, or both.

Anyone who traffics marijuana in or within 1,000 feet of a school building commits a class D felony. A convicted defendant faces a fine of between $1,000 and $10,000, between one and five years in prison, or both. However, if the violation carries a harsher penalty (for example, trafficking five pounds of marijuana, which is a class C felony), the harsher penalty will apply.

(Ky. Rev. Stat. §§ 218A.010, 218A.1411, 218A.1421, 532.020, 532.090, 534.030, 534.040 (2025).)

Is Possession of Drug Paraphernalia Illegal in Kentucky?

Yes. It's illegal in Kentucky to use, possess with intent to use, or distribute drug paraphernalia. It's also illegal for someone to advertise items that the person knows (or should know) are designed or intended to be used as drug paraphernalia. Paraphernalia includes items used in growing, harvesting, processing, selling, storing, or using marijuana. A violation of any of these laws is a class A misdemeanor, punishable with a fine of up to $500, up to 12 months in jail, or both.

A local health board operating a hypodermic needle exchange does not violate this section.

(Ky. Rev. Stat. §§ 218A.500, 532.020, 534.040 (2025).)

Is Medical Marijuana Legal in Kentucky?

Medical marijuana is legal in Kentucky starting January 1, 2025. A person with a qualifying medical condition who obtains a registry identification card will be able to buy and use medicinal marijuana. Smoking marijuana will remain illegal. The Cabinet for Health and Family Services will determine the permissible amounts that may be possessed. (Medicinal marijuana is not considered a schedule I drug.)

(Ky. Rev. Stat. ch. 218B (2025).)

What to Do If You Face Marijuana Charges

If you've been charged with a marijuana-related offense, consult an experienced criminal defense attorney. Ask for a public defender if you can't afford a private attorney.