Kentucky’s Current Marijuana Laws

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Durrett and Kersting Law office in Louisville provide facts about Kentucky Marijuana laws.  Call today for more information.

According to the National Institute of Drug Use, Marijuana is the most commonly used illicit drug in the United States. Although many states are revising Marijuana laws allowing Marijuana to be used medically, and for adult recreational use, Kentucky is conservative when it comes to the laws governing Marijuana. If you have been arrested relating to a Marijuana charge, we urge you to call an attorney immediately. The attorneys at Durrett & Kersting Law are located in Louisville, Kentucky and have experience providing legal defense for drug related charges.

What Is Marijuana?

Marijuana is derived from the leaves, seeds, flowers and stems of the hemp plant. It is used recreationally and medically because it contains a mind altering chemical, 9-tetrahydrocannabinol (THC). Marijuana can be smoked as a hand rolled cigarette, in a pipe, or inserted into a cigar. Users also ingest Marijuana in the form of brownies, cookies, candy, or dissolved in tea. On the rise is the use of Marijuana Extracts, a high THC content resin. THC acts on the brain by over stimulating receptors that control brain development and function.

What is the Kentucky Law Governing Marijuana?

Marijuana is classified as a Schedule I narcotic by the Drug Enforcement Agency (DEA) and by the Cabinet for Health and Family Services in Kentucky. Schedule I narcotics are defined as drugs, chemicals, or substances that have no currently accepted medical use and have a high potential for abuse. Kentucky law imposes sanctions against possession, sale, cultivation and possession of paraphernalia.

  • Possession of Marijuana

It is against Kentucky Marijuana Laws to willfully possess Marijuana. A person convicted of marijuana possession may be placed in a diversion program, receive a fine, a 45 day jail term, or both. Possession of small amounts of Marijuana is considered a Class A misdemeanor. A person convicted of possessing large amounts of Marijuana will receive stiffer fines and penalties because the quantities make it likely that the possessor intends to sell or distribute.

  • Sale or Distribution

It is illegal to sell or distribute Marijuana in Kentucky. The penalty for conviction of sale of a small amount (under 8 oz.) of Marijuana as a first offense may be classified as a misdemeanor. Larger quantities and repeat offenses will be classified as Felonies and will result in incarceration and fines.

  • Cultivation

It is illegal to plant, cultivate, or harvest Marijuana in Kentucky. First offense of small quantities may be classified as a misdemeanor. Larger quantities and repeat offenses will be classified as Felonies and will result in incarceration and fines.

  • Paraphernalia

Possession of paraphernalia is defined as the possession or production of materials necessary for growing, harvesting, using, and storage or concealment of Marijuana. Paraphernalia possession is a misdemeanor in Kentucky and conviction may carry a sentence of fine and /or imprisonment.

If you have been arrested relating to Marijuana you are advised to seek legal representation immediately. Make no statements without your attorney present. Due to your attorney’s familiarity with your local courts, they are the most knowledgeable about how cases, such as yours, are likely to be handled. Your attorney will insure that you are treated fairly and with respect. For legal assistance in Kentucky call Durrett & Kersting Law.

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