Kentucky Marijuana Laws

After years of resisting any marijuana legalization, lawmakers in Kentucky agreed to pass legislation that would allow the creation of a medical marijuana program. Senate Bill 47 became law on March 31, 2023, signed by Gov. Andy Beshear.

Marijuana, also known as cannabis, remains a controlled substance under federal and state law. The Office of Medical Cannabis, part of the Kentucky Cabinet of Health and Family Services, will implement and oversee the medical cannabis program.

Adult-use recreational marijuana remains illegal in Kentucky.

With the changing marijuana laws in Kentucky, it's important to understand what's legal and what's not. We'll examine the framework for the new program, the laws in effect as of July 2024, and how this massive change came to be.

This article will tell you what you need to know about the evolving landscape of Kentucky marijuana laws.

Kentucky Marijuana Laws: What's Still Illegal

Before discussing the new rules in Kentucky, we should clarify that medical patients still won't be able to use marijuana products on federal land. Marijuana is still a Schedule I drug according to the federal Controlled Substances Act (CSA). While the buzz is that the federal classification might also be changing, avoid taking chances until there's confirmation.

Recreational marijuana for personal use remains illegal. Possession of even a tiny amount of cannabis by a non-patient is a misdemeanor that carries up to 45 days in jail and a fine. Louisville has opted to decriminalize offenses that involve small amounts of marijuana, but this is the exception rather than the norm.

Medical marijuana patients have been able to possess up to 8 ounces of medical cannabis bought legally in other states since 2022. Starting Jan. 1, 2025, Kentucky medical marijuana patients will be able to buy cannabis products in state as well as use and have them legally.

Medical marijuana, derived from cannabis, is different from cannabidiol (CBD oil), which comes from hemp. The 2018 federal Farm Bill removed CBD oil from the Controlled Substances Act. Many use CBD oil for health benefits and to ease certain medical conditions. CBD contains less than 0.3 percent THC, the psychoactive ingredient in marijuana that provides the "high," and is legal in Kentucky.

Medical Marijuana Laws in Kentucky

The exact details of what will be legal for medical marijuana patients in 2025 haven't been finalized as of July 2024. Still, some information has already been released by the Kentucky Office of Medical Cannabis and appears in the governor's executive orders. To be eligible to become a medical marijuana patient, a patient must have a written certification by a licensed physician that confirms the patient suffers from one or more of the following qualifying medical conditions:

• Any type or form of cancer, regardless of stage
• Amyotrophic lateral sclerosis (ALS)
• Chronic or debilitating pain
• Epilepsy or any other seizure disorder
• Multiple sclerosis (MS), muscle spasms, or spasticity
• Parkinson's disease
• Crohn's disease
• Chronic nausea or cyclical vomiting syndrome that is resistant to other conventional medical treatments
• Post-traumatic stress disorder (PTSD)
• Fibromyalgia
• Hepatitis C
• Glaucoma
• Huntington's Disease
• HIV/AIDS
• Sickle cell anemia
• Any terminal illness

This list continues to expand as other serious medical conditions get considered for the medical cannabis program.

Kentucky is still determining the amount Kentuckians can buy and possess. But the state has shared other regulations. These include:

• Patients can have a 30-day supply at their home
• Patients can carry a 10-day supply on their person
• The physician can increase the limit a patient can have
• Health care insurance, workers' compensation, and government medical assistance will cover medical marijuana purchases
• Home cultivation by medical cannabis patients is not permitted
• Out-of-state visitors can buy a 10-day supply of medical cannabis products if they are legal medical patients in their home state
• No cannabis can be sold in smokeable form or smoked
• Concentrates are capped at 70% THC (tetrahydrocannabinol)
• Raw cannabis is capped at 35% THC
• Edibles cannot contain more than 10 mg of THC per serving
• Patients must be 21 to use vaping products
• Caregivers can buy products for patients
• Any cannabis product in a moving vehicle must involve at least a two-step process to be opened
• Employers have the right to maintain a drug-free workplace

We will update the laws after they're released.

How the Kentucky Medical Marijuana Law Changed

Kentucky's legalization of medical marijuana didn't happen overnight. Frustrated by the defeat of medical marijuana bills by the Kentucky House and Senate in the General Assembly, Beshear issued Executive Order 2022-338 in June 2022. This created the Kentucky Medical Cannabis Advisory Committee, a panel of 17 experts tasked with creating a plan for medical marijuana in Kentucky.

In June 2022, Beshear approved legislation creating the Kentucky Center for Cannabis Research in Lexington. The Center, a program at the University of Kentucky College of Medicine, seeks grants and researches cannabinoid science to improve public health.

Later, in 2022, Beshear issued Executive Order 2022-798, which allowed medical marijuana patients who made legal purchases in other American states to be exempt from certain Kentucky marijuana laws.

Medical marijuana became legal in Kentucky on March 31, 2023, making it the 38th state.

Kentucky Law and Medical Marijuana Penalties: An Overview

Medical marijuana use will be a reality in Kentucky as of 2025, but the penalties for offenses remain severe. The chart below breaks down the punishments for marijuana violations.

• Possession of marijuana (outside of compliance with the medical marijuana program) is a Class B misdemeanor, punishable by up to 45 days in jail; a fine of up to $250; or both.
• The unlawful possession of 8 ounces or more of marijuana provides prima facie evidence of the intent to sell or transfer it (see sales law).

Note: State laws are subject to change by passing new legislation rulings in the higher courts, including federal decisions, ballot initiatives, and other means. For the most recent information available, please consult an attorney or conduct independent legal research to verify the current status of any Kentucky state law(s) you are reviewing.

Kentucky Marijuana Laws: Related Resources

• Cannabis Law
• Marijuana Decriminalization and Legalization Overview
• KOMC Patient and Caregiver Information
• Medical Marijuana Overview
• Medical Marijuana Laws by State
• Kentucky's Office of Drug Control Policy

Troubles With Kentucky Marijuana Laws? Speak to an Attorney

Kentucky's marijuana laws are changing, and it can be difficult at times to be sure of what's legal. Adding to the confusion, neighboring states like Ohio, Illinois, and Missouri have legalized both medical marijuana and adult recreational use in recent years.

As marijuana convictions can be life-altering, consider consulting a Kentucky drug crime attorney if you need legal advice on a drug matter. Having an expert in Kentucky cannabis law on your side can help get you the best outcome possible.