Whether you are a resident of Kentucky or just planning a visit, you may want to find out if it is legal to use marijuana in Kentucky. This is especially true if you are a physician and need to prescribe it to a patient. However, you should be aware that it is still illegal to grow it, transport it, and sell it in the state.
Hemp Remained Illegal In Kentucky Until 2014
Until the passage of the 2014 Farm Bill, hemp remained illegal in Kentucky. While the state was the nation’s largest source of industrial hemp before the war on drugs, federal laws prevented farmers from growing it.
The Farm Bill gave farmers a chance to grow hemp in the state under a state research program. It also allowed institutions of higher education to produce hemp for research purposes.
The hemp industry in Kentucky is growing rapidly. In fact, the hemp market is expected to reach $1.3 billion by 2022. Moreover, the state’s hemp industry is leading the way in innovation.
Unlike tobacco, hemp is not a federally illegal substance, although it remains illegal for adults to consume. Despite the law’s status as a narcotic, Kentucky’s agriculture department has encouraged farmers to grow hemp to help prevent the import of Asian jute.
Hemp-Derived CBD Products With A THC Content Of Less Than 0.3%
HB 333, which was signed into law in 2017, legalized hemp-derived CBD products with a THC content of less than 0.3% in Kentucky for all consumers. The bill also broadened the scope of consumption and retail sale of hemp.
This law also gave the state the option to regulate the commerce of CBD. The Farm Bill allowed for the cultivation, production, and sale of hemp for both recreational and medicinal purposes.
The state has since developed a robust industrial hemp pilot program. Farmers who participate in the program must use varieties that are expected to be low in THC. They must also obtain a license from the Kentucky Department of Agriculture. They must also submit seeds to an educational institution with a DEA license.
Penalties For Possession
Whether you are a first-time offender or a frequent offender, the penalties for possession of marijuana in Kentucky can be severe. If you are charged with a crime related to marijuana, it is vital to seek legal representation. A Kentucky attorney will know how to fight your case and negotiate for a lesser sentence.
The penalties for marijuana in Kentucky range from a fine to a prison sentence. The amount of marijuana possessed at the time of arrest determines the penalties. A small amount of cannabis is considered a misdemeanor, while a large amount is treated as a felony.
If you are convicted of marijuana possession, you can be sent to jail for up to 45 days. However, if you are convicted of possessing eight ounces or more of marijuana, you are guilty of trafficking, and you could face up to five years in jail.
Penalties For Sale Or Trafficking
Depending on the amount and the type of substance involved, the penalties for the sale or trafficking of marijuana in Kentucky vary. If the amount is relatively small, it may be treated as a misdemeanor, while the larger amount may be treated as a felony.
Marijuana is a Schedule I substance, which means it is considered illegal for any use. Its manufacture is also prohibited. A person who manufactures marijuana in Kentucky can be sentenced to up to five years in prison and a fine of up to $10,000.
There are also penalties for the sale or trafficking of marijuana in Kentucky if the person does so in the presence of a minor. The first offense will be a misdemeanor, while a second or subsequent offense is a felony.
Taxes On Medical Cannabis
Despite the support of most Kentuckians, lawmakers have not passed legislation that would legalize the sale and use of medical cannabis. Kentucky is one of only 13 states with a total prohibition on marijuana.
The Team Kentucky Medical Cannabis Advisory Committee has been meeting with stakeholders to address the need for a regulatory framework for medicinal marijuana in the state. Members of the team have held public meetings throughout the state. They have received more than 3,500 comments on medical marijuana. They have been told that many Kentuckians suffer from chronic medical conditions that do not respond to traditional painkillers.
The Committee was appointed by Governor Andy Beshear in June. Beshear said that the panel would advise him on how to make medical marijuana more accessible to Kentuckians who need it.
