Thinking about moving to Kentucky and wondering, “Is it legal to smoke weed in Kentucky?” You are at the right spot. We bring you some of the most crucial information that would help you to know whether is weed legal in Kentucky. In this article, we will discuss the nature of legality, the markers that you need to qualify, and the repercussions that you might face in any case of violation.
Is It Legal?
Is weed legal in Kentucky? I mean, the simple answer is ‘kind of.’ Last year in November, Governor Andy Beshear signed an executive order decriminalizing marijuana. This would allow Kentuckians to possess a prescribed amount of medical cannabis.
Beshear, in a very public announcement, said, “ With 37 states already legalizing medical cannabis and 90% of Kentucky adults supporting it, I am doing what I can to provide access and relief to those who meet certain conditions and need it to better enjoy their life, without pain.” However, never for a second discussed whether recreational weed is allowed.
Therefore, if you want to know, “is recreational weed legal in Kentucky?” The answer is sadly no. Beshear has decriminalized it for the sake of medicinal purposes, but it is still not legal like in some other states.
Therefore, you are not liable for an offense if you possess marijuana under certain prescribed conditions. These conditions, as explained by the authorities, will be the difference between hell and heaven. So, let us look at some of these conditions.
- The cannabis that you are procuring for yourself should be from outside of Kentucky.
- You have to provide proof of purchase, like receipts, date of purchase, and address of the dispensary or licensed dealer.
- You cannot possess more than eight ounces of marijuana. Otherwise, you can be charged under certain class action lawsuits. This is discussed later on in detail.
- You or your caregiver has to have proper certification from a medical practitioner that you have one of the few listed medical conditions that make you eligible for carrying marijuana.
Who All Are Eligible?
According to the Governor of Kentucky, Andy Beshear, “Kentuckians suffering from chronic and terminal conditions are going to be able to get the treatment they need without living in fear of a misdemeanor.” So, as is apparent from the statement, government officials have set the conditions in stone. Therefore the answer to the question, “Is weed legal in Kentucky?” Depends greatly upon these factors. So let us see some of the medical conditions that Beshear’s government is acknowledging:
- Glaucoma
- HIV or AIDS
- Huntington’s Disease
- Muscular Dystrophy
- Intractable Pain
- Fibromyalgia
- Hepatitis C
- Severe Arthritis
- Neuropathies
- Cachexia
- Post Traumatic Stress Disorder (PTSD)
- Sickle Cell Anemia
- Multiple Sclerosis
- Crohn’s disease
- Parkinson’s disease
- Intractable Seizures
- Epilepsy
- Lou Gehrig’s disease
- Cancer
Marijuana Crimes You Can Be Charged With For Violation
Even though Beshear is all set to legalize marijuana, it is still important to know the intricacies of legality if you are arrested while having marijuana on your person. In the United States, marijuana is still one of the primary causes of drug arrests.
Moreover, several right-wing groups see marijuana as the public enemy no.1 wants the government to restore it back to its criminalized state. Therefore, things are getting more and more complex. Therefore, it is always better to know what the repercussions are if you violate marijuana laws in Kentucky.
Possession.
If you are caught with an amount that goes a little above the allowed amount, you can be charged with a Class B misdemeanor and will be charged with a $250 fine. In certain cases, you are qualified for a 45-day jail time.
Cultivating
You are not allowed to cultivate marijuana without the government’s approval. Therefore, if you are caught cultivating, then it falls under Class A misdemeanor. In this case, you would be charged with a drug felony. If you are caught with the plants the first time, you are liable to pay $500 in fines and will have to serve 12 months of jail time. However, if you are a repeat offender, then you would have to pay up to $10,000 in fines and serve a period of 5 years without the scope of early parole.
Cultivating With The Intent Of Selling
If you are cultivating more than five plants, then you can be charged with “cultivating with the intent of selling.” This makes you liable for a $10,000 fine and five to ten years in prison. This falls under the Class D offense. Therefore, the term would be without any scope for parole.
Trafficking
This is where the water gets all murky. If you are arrested with around eight ounces or less, then you would be charged with a Class A felony that entails $500 with around 12 months of jail time. If the amount is around eight ounces to five pounds, then you will have to pay a fine of $10,000 along with a jail time of five years. Now, if you are carrying more than five pounds, then you will have to pay $10,000 and serve a jail term of around five to ten years.
Trafficking Within 1000 Feet Of A School
You are already a goner if you are charged with trafficking. However, things can become worse if you are arrested near 1000 feet of a school carrying the aforementioned amounts. If you do get into a situation like this, you will be charged with the aforementioned Class felonies. However, the ruling would be more stringent, and there would not be any scope for parole.
Possessing Paraphernalia
In Kentucky, you necessarily do not need to possess marijuana to be charged with a class action lawsuit. If you are arrested with any sort of paraphernalia that suggests that you are a marijuana user, you can be charged with a Class A felony. Here you would have to pay a fine of $500 and a jail time of around 12 months.
Closing
So, all in all, when you ask, “Is weed legal in Kentucky?” The answer precise answer would be that weed is decriminalized for medicinal purposes, but recreational use is still very much illegal. As explained earlier, in any case of violation, you would have to pay a fine and even have to spend jail time. Therefore, only procure marijuana if you fulfill the conditions set forth by the Kentucky government.
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