Kentucky Laws and PenaltiesPossessionLess than 8 ozMisdemeanor45 days$ 250
Sale or TraffickingLess than 8 oz (first offense)Misdemeanor1 year$ 500
Less than 8 oz (subsequent offense)Felony1 - 5 years$ 10,000
8 oz - 5 lbs (first offense)Felony1 - 5 years$ 10,000
8 oz - 5 lbs (subsequent offense)Felony5 - 10 years$ 10,000
5 lbs or more (first offense)Felony5 - 10 years$ 10,000
5 lbs or more (subsequent offense)Felony10 - 20 years$ 10,000
To a minor (first offense)Felony5 - 10 years$ 10,000
To a minor (subsequent offense)Felony10 - 20 years$ 10,000
Within 1000 yards of a school or parkFelony1 - 5 years$ 10,000
CultivationLess than 5 plants (first offense)Misdemeanor1 year$ 500
Less than 5 plants (subsequent offense)Felony1 - 5 years$ 10,000
5 plants or more (first offense)Felony1 - 5 years$ 10,000
5 plants or more (subsequent offense)Felony5 - 10 years$ 10,000
Hash & ConcentratesPenalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.
ParaphernaliaPossession of paraphernaliaMisdemeanor1 year$ 500
Penalty DetailsPossessionPossession of up to 8 ounces of marijuana is a Class B misdemeanor, which is punishable by a maximum sentence of 45 days imprisonment and a maximum fine of $250.
Possession of 8 ounces or more of marijuana shall be prima facie evidence that the person possessed the marijuana with the intent to sell or transfer it. – See Sale or Trafficking for penalties
Sale or TraffickingThe sale or trafficking of less than 8 ounces is a Class A misdemeanor for a first offense which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $500.
A second or subsequent offense for trafficking or selling less than 8 ounces of marijuana is a Class D felony, punishable by a sentence of 1-5 years imprisonment and a fine of not more than $10,000.
The sale or trafficking of 8 ounces- less than 5 pounds is a Class D felony which is punishable for a first offense by 1-5 years imprisonment and a fine of $1,000-$10,000. A second of subsequent violation of this section is a Class C felony, punishable by a sentence of 5-10 years imprisonment and a fine of not over $10,000.
The sale or trafficking of 5 pounds or more is a Class C felony which is punishable for a first offense by a sentence of 5-10 years imprisonment and a fine of $1,000-$10,000. For a second or subsequent violation of this section, the offender will be guilty of a Class B felony, which is punishable by a sentence of 10-20 years imprisonment.
The sale to a minor is a Class C felony which is punishable by a sentence of 5-10 years imprisonment and a fine of $1,000-$10,000.
A subsequent conviction for the sale to a minor is a Class B felony which is punishable by a sentence of 10-20 years imprisonment and a fine of $1,000-$10,000.
The sale within 1,000 yards of a school or park is a felony which is punishable by 1-5 years imprisonment and a fine of $1,000-$10,000.
CultivationCultivation of fewer than 5 plants is a Class A misdemeanor for a first offense, which is punishable by a maximum sentence of 12 months imprisonment and a maximum fine of $500. For a second or subsequent offense, the offender will be charged with a Class D felony, which is punishable by 1-5 years imprisonment and a fine of $1,000-$10,000.
Cultivation of 5 plants or more is a Class D felony for a first offense, which is punishable by 1-5 years imprisonment and a fine of $1,000-$10,000. A second or subsequent offense is a Class C felony which is punishable by 5-10 years imprisonment and a fine of $1,000-$10,000.
Hash & ConcentratesHashish is listed as Schedule I hallucinogenic substance, but is punished exactly the same as marijuana infractions. See the penalties for marijuana above for further details on specific penalties.
ParaphernaliaPossession of paraphernalia is a Class A misdemeanor which is punishable by a maximum sentence of one year imprisonment and a maximum fine of $500.
Miscellaneous
Prohibited activitiesUnless another specific penalty is provided, any person who violates one of the following:
Any person who possesses any controlled substance except as authorized by law shall be guilty of a Class A misdemeanor.
FirearmAny person who is convicted of any violation above who, at the time of the commission of the offense and in furtherance of the offense, was in possession of a firearm, shall:
More Information
CONDITIONAL RELEASEThe state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.
DRUGGED DRIVINGEvery state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.
LOCAL DECRIMINALIZATIONThis state has local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.
LOW THCThis state has passed a low THC law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.
TAX STAMPSThis state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction.
Sale or TraffickingLess than 8 oz (first offense)Misdemeanor1 year$ 500
Less than 8 oz (subsequent offense)Felony1 - 5 years$ 10,000
8 oz - 5 lbs (first offense)Felony1 - 5 years$ 10,000
8 oz - 5 lbs (subsequent offense)Felony5 - 10 years$ 10,000
5 lbs or more (first offense)Felony5 - 10 years$ 10,000
5 lbs or more (subsequent offense)Felony10 - 20 years$ 10,000
To a minor (first offense)Felony5 - 10 years$ 10,000
To a minor (subsequent offense)Felony10 - 20 years$ 10,000
Within 1000 yards of a school or parkFelony1 - 5 years$ 10,000
CultivationLess than 5 plants (first offense)Misdemeanor1 year$ 500
Less than 5 plants (subsequent offense)Felony1 - 5 years$ 10,000
5 plants or more (first offense)Felony1 - 5 years$ 10,000
5 plants or more (subsequent offense)Felony5 - 10 years$ 10,000
Hash & ConcentratesPenalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.
ParaphernaliaPossession of paraphernaliaMisdemeanor1 year$ 500
Penalty DetailsPossessionPossession of up to 8 ounces of marijuana is a Class B misdemeanor, which is punishable by a maximum sentence of 45 days imprisonment and a maximum fine of $250.
Possession of 8 ounces or more of marijuana shall be prima facie evidence that the person possessed the marijuana with the intent to sell or transfer it. – See Sale or Trafficking for penalties
- KRS § 218A.050(3) Web Search
- KRS § 218A.276 Web Search
- KRS § 218A.1421 & .1422 Web Search
Sale or TraffickingThe sale or trafficking of less than 8 ounces is a Class A misdemeanor for a first offense which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $500.
A second or subsequent offense for trafficking or selling less than 8 ounces of marijuana is a Class D felony, punishable by a sentence of 1-5 years imprisonment and a fine of not more than $10,000.
The sale or trafficking of 8 ounces- less than 5 pounds is a Class D felony which is punishable for a first offense by 1-5 years imprisonment and a fine of $1,000-$10,000. A second of subsequent violation of this section is a Class C felony, punishable by a sentence of 5-10 years imprisonment and a fine of not over $10,000.
The sale or trafficking of 5 pounds or more is a Class C felony which is punishable for a first offense by a sentence of 5-10 years imprisonment and a fine of $1,000-$10,000. For a second or subsequent violation of this section, the offender will be guilty of a Class B felony, which is punishable by a sentence of 10-20 years imprisonment.
The sale to a minor is a Class C felony which is punishable by a sentence of 5-10 years imprisonment and a fine of $1,000-$10,000.
A subsequent conviction for the sale to a minor is a Class B felony which is punishable by a sentence of 10-20 years imprisonment and a fine of $1,000-$10,000.
The sale within 1,000 yards of a school or park is a felony which is punishable by 1-5 years imprisonment and a fine of $1,000-$10,000.
- KRS § 218A.1401 & .1421 Web Search
- KRS §§ 532.020, .060, .090 Web Search
- KRS §§ 534.030 & .040 Web Search
CultivationCultivation of fewer than 5 plants is a Class A misdemeanor for a first offense, which is punishable by a maximum sentence of 12 months imprisonment and a maximum fine of $500. For a second or subsequent offense, the offender will be charged with a Class D felony, which is punishable by 1-5 years imprisonment and a fine of $1,000-$10,000.
Cultivation of 5 plants or more is a Class D felony for a first offense, which is punishable by 1-5 years imprisonment and a fine of $1,000-$10,000. A second or subsequent offense is a Class C felony which is punishable by 5-10 years imprisonment and a fine of $1,000-$10,000.
- KRS § 218A.1423 Web Search
- KRS § 532.060 & .090 Web Search
Hash & ConcentratesHashish is listed as Schedule I hallucinogenic substance, but is punished exactly the same as marijuana infractions. See the penalties for marijuana above for further details on specific penalties.
- KRS § 218A.010(21) Web Search
- KRS § 218A.050(3) Web Search
- Com. v. McGinnis, 641 S.W.2d 45 (Ky. Ct. App. 1982). Web Search
ParaphernaliaPossession of paraphernalia is a Class A misdemeanor which is punishable by a maximum sentence of one year imprisonment and a maximum fine of $500.
- KRS § 218A.500 Web Search
Miscellaneous
Prohibited activitiesUnless another specific penalty is provided, any person who violates one of the following:
- Trafficking in any controlled substance except as authorized by law.
- Dispensing, prescribing, distributing, or administering any controlled substance except as authorized by law, for a first offense, shall be guilty of a Class D felony and a Class C felony for subsequent offenses.
Any person who possesses any controlled substance except as authorized by law shall be guilty of a Class A misdemeanor.
- KRS § 218A.1404 Web Search
FirearmAny person who is convicted of any violation above who, at the time of the commission of the offense and in furtherance of the offense, was in possession of a firearm, shall:
- Be penalized one (1) class more severely than provided in the penalty provision pertaining to that offense if it is a felony; or
- Be penalized as a Class D felony if the offense would otherwise be a misdemeanor.
- KRS § 218A.992 Web Search
More Information
CONDITIONAL RELEASEThe state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.
DRUGGED DRIVINGEvery state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.
LOCAL DECRIMINALIZATIONThis state has local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.
LOW THCThis state has passed a low THC law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.
TAX STAMPSThis state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction.