- Conditional Release
- Drugged Driving
- Local Decriminalization
- Mandatory Minimum Sentence
- Low THC
- Tax Stamps
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
Possession |
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| Less than 8 oz | Misdemeanor | 45 days | $ 250 |
Sale or Trafficking |
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| 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 |
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 eight ounces of marijuana is a misdemeanor, which is punishable by a maximum sentence of 45 days imprisonment and a maximum fine of $250.
Possession of eight 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.1422
- KRS § 218A.1421(5)
Sale or Trafficking
The sale or trafficking of less than eight ounces is a misdemeanor for a first offense which is punishable by a maximum sentence of one year imprisonment and a maximum fine of $500. A second or subsequent offense for trafficking or selling less than eight ounces of marijuana is a felony, punishable by a mandatory minimum sentence of one year and up to five years imprisonment and a fine of not more than $10,000.
The sale or trafficking of eight ounces to less than 5 pounds is a felony which is punishable by a mandatory minimum sentence of one year and up to five years imprisonment and a fine of not more than $10,000. A second or subsequent violation of this section is a felony, punishable by a mandatory minimum sentence of five years and up to 10 years imprisonment and a fine of not more than $10,000.
The sale or trafficking of five pounds or more is a felony which is punishable for a first offense by a mandatory minimum sentence of five years and up to 10 years imprisonment and a fine of not more than $10,000. For a second or subsequent violation of this section, the offender will be guilty of a felony, which is punishable by a mandatory minimum sentence of 10 years and up to 20 years imprisonment and a fine of not more than $10,000.
The sale to a minor is a felony which is punishable by a mandatory minimum sentence of five years and up to 10 years imprisonment and a fine of not more $10,000. A subsequent conviction for the sale to a minor is a felony which is punishable by a mandatory minimum sentence of 10 years and up to 20 years imprisonment and a fine of not more $10,000. The sale within 1,000 yards of a school or park is a felony which is punishable by mandatory minimum sentence of one year and up to five years imprisonment and a fine of not more $10,000.
- KRS § 218A.1421(2, (3), (4)
- KRS § 218A.1401
- KRS § 218A.1411
Cultivation
Cultivation of fewer than five plants is 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 felony, which is punishable by one to five years imprisonment and a maximum fine of $10,000.
Cultivation of five plants or more is a felony for a first offense, which is punishable by one to five years imprisonment and a maximum fine of $10,000. A second or subsequent offense is a felony which is punishable by five to 10 years imprisonment and a maximum fine of $10,000.
- KRS § 218A.1423(3), (2)
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.
- KRS § 218A.010(28)
Paraphernalia
Possession of paraphernalia is a misdemeanor which is punishable by a maximum sentence of one year imprisonment and a maximum fine of $500.
- KRS § 218A.500(8)
More Information
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.
Drugged Driving
Every 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 DECRIMINALIZATION
This state has local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.
Low THC
This 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.
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.