Two Kentucky state lawmakers have introduced legislation to legalize the possession, cultivation, and sale of small amounts of recreational cannabis.
House Bill 105 from Democratic state Rep. Nima Kulkarni, and a similar measure, Senate Bill 36 from Sen. David Yates, also a Democrat, would ask Kentucky voters to decide on cannabis legalization. If approved by the legislature and signed into law by Democratic Gov. Andy Beshear, who earlier this month called for a change in federal cannabis policy, the proposed constitutional amendment would appear on ballots for the 2026 general election.
The ballot measure would ask voters if the Kentucky Constitution should be amended to allow adults aged 21 and older to “possess, use, buy, or sell one ounce or less of cannabis” without being subject to criminal penalties. The bill would also permit adults to cultivate, harvest, and store up to five cannabis plants for personal use.
Yates said that recreational cannabis could be transformative for Kentucky if it is legalized with appropriate regulations, oversight, and taxation.
“It’s also taking a plant that is already very much here, most likely our number one cash crop, and having it in a way that’s safer and utilized those tax proceeds to benefit the people,” said Yates, according to a report from the Louisville Courier Journal.
The senator added that giving voters in Kentucky the decision about changing the state Constitution gives them the opportunity to voice their opinions, which he characterized as one the most “democratic forms of government.”
“It also gives some of those politicians cover if they need it,” Yates said. “They get to say that they're not going to make a decision on (the bills), but they’re going to let their constituents vote, and I think that may be a faster way to be able to move forward.”
Separate Bill Decriminalizes Low-Level Cannabis Possession, Cultivation, and Trafficking
Yates is also the sponsor of Senate Bill 33, which would decriminalize cannabis by removing penalties for “possession, cultivation or trafficking of up to eight ounces or five plants of marijuana.”
Both measures would need broad support from Republican lawmakers, who hold a supermajority in both chambers of the state legislature. Republican Senate Majority Floor Leader Max Wise, however, has said that he opposes legalizing or decriminalizing cannabis, and “it is unlikely that there is a significant appetite within the Senate Republican Caucus to support legislation aimed” at achieving those policy goals.
“Kentucky’s medical cannabis program is barely off the ground, and many lawmakers who supported Senate Bill 47 did so with reservations, viewing it as a potentially risky step toward recreational legalization,” Wise said, referring to the 2023 bill that legalized medical cannabis in the state. “Moreover, the potential adverse health effects of marijuana remain a concern, particularly in Kentucky, which ranks last nationally for lung cancer rates.”
The majority leader added that “any bill proposing such a substantial policy shift will undergo rigorous scrutiny, and it remains the responsibility of sponsors to build support and navigate the legislative process.”
When asked in an interview last year if he would support legalizing recreational cannabis, Beshear said “we’ve got to prove that we can safely provide medical marijuana before we consider that step.”
Rachel Roberts, a former Democratic state representative and executive director of the Kentucky Cannabis Industry Alliance, said she believes legalizing recreational cannabis is “the way the state should head,” because of the economic development opportunities the policy shift would create.
“We’ve got several other states that we can look at as an example of how that has worked,” Roberts said. “Just from a personal standpoint, living in Northern Kentucky, where people can cross the river to Ohio so easily, we’re seeing money leave the state that could stay here.”
Learn more about Kentucky's cannabis laws and regulations. And sign up for NuggMD's Weekly Sesh newsletter for the latest cannabis news, consumer tips, and recommendations.
The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.
