Kentucky Penalties
| Offense | Penalty | Incarceration | Max. Fine |
Possession | |||
| Less than 8 oz | misdemeanor | 45 days | $ 250 |
Sale or Trafficking | |||
| Less than 8 oz (first offense) | misdemeanor | 1 year | $ 500 |
| Less than 8 oz (subsequent offense) | felony | 1* - 5 years | $ 10,000 |
| 8 oz - 5 lbs (first offense) | felony | 1* - 5 years | $ 10,000 |
| 8 oz - 5 lbs (subsequent offense) | felony | 5* - 10 years | $ 10,000 |
| 5 lbs or more (first offense) | felony | 5* - 10 years | $ 10,000 |
| 5 lbs or more (subsequent offense) | felony | 10* - 20 years | $ 10,000 |
| To a minor (first offense) | felony | 5* - 10 years | $ 10,000 |
| To a minor (subsequent offense) | felony | 10* - 20 years | $ 10,000 |
| Within 1000 yards of a school or park | felony | 1* - 5 years | $ 10,000 |
| * Mandatory minimum sentence | |||
Cultivation | |||
| Less than 5 plants (first offense) | misdemeanor | 1 year | $ 500 |
| Less than 5 plants (subsequent offense) | felony | 1* - 5 years | $ 10,000 |
| 5 plants or more (first offense) | felony | 1* - 5 years | $ 10,000 |
| 5 plants or more (subsequent offense) | felony | 5* - 10 years | $ 10,000 |
| * Mandatory minimum sentence | |||
Hash & Concentrates | |||
| Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details. | |||
Paraphernalia | |||
| Possession of paraphernalia | misdemeanor | 1 year | $ 500 |
Penalty Details
Possession
Possession of up to 8 oz. 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 oz. or more - See Sale or Trafficking
See:
- Section 218A.1422 of the Kentucky Revised Statutes
- Section 218A.276 of the Kentucky Revised Statutes
Sale or Trafficking
The sale or trafficking of less than 8 oz. 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 oz. of marijuana is a Class D felony, punishable by not less than one, nor more than five, years incarceration and a fine of not more than $10,000.
The sale or trafficking of 8 oz.-5 lbs. 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 not less than five, nor more than ten, years imprisonment and a fine of not over $10,000.
The sale or trafficking of 5 lbs. 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 not less than 10, nor more than 20, years imprisonment.
The sale to a minor is a 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 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.
See:
- Section 218A.1421 of the Kentucky Revised Statutes
- Section 532.060 of the Kentucky Revised Statutes
Cultivation
Cultivation 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.
See:
- Section 218A.1423 of the Kentucky Revised Statutes
- Section 532.060 of the Kentucky Revised Statutes
Hash & Concentrates
Hashish 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.
See:
- § 218A.010(21) of the Kentucky Revised Statutes
- § 218A.050(3) of the Kentucky Revised Statutes
- Com. v. McGinnis, 641 S.W.2d 45 (Ky. Ct. App. 1982).
Paraphernalia
Possession of paraphernalia is a Class A misdemeanor which is punishable by a maximum sentence of one year imprisonment and a maximum fine of $500.
See:
- Section 218A.500 of the Kentucky Revised Statutes
Conditional Release
The 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.
Hemp
This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section.
Mandatory Minimum Sentence
When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.
Tax Stamps
This 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. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties.
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