Weed Laws in Kentucky
Kentucky is home to the famous Kentucky Derby, some of the world’s finest bourbon distilleries, and a long history of tobacco production and hemp cultivation. In the 19th and early 20th centuries, the Bluegrass State was the number one hemp producer in the nation.
Natural beauty abounds in Kentucky. The state is home to the Mammoth Cave system, the longest in the world, beautiful hiking and off-roading trails, and gorgeous waterfalls, sandstone cliffs, and natural bridges at the Red River Gorge canyon system. There are over 90,000 miles of traversable waterways in Kentucky as well as two of the largest man-made lakes East of the Mississippi.
Kentucky is home to over 4.5 million people, many of whom live in its largest cities, Lexington and Louisville. While cannabis remains illegal for either medical or recreational use in Kentucky, two bordering states – Illinois and Virginia – have legal adult-use cannabis. And another three – West Virginia, Ohio, and Missouri – all have active medical marijuana programs.
Is Weed Legal in Kentucky ?
NO, the consumption of marijuana is not legal for either medicinal or recreational purposes in the state of Kentucky.
Weed Legalization in Kentucky
Cannabis is illegal in Kentucky, but there are efforts underway to change that.
Kentucky’s first step toward legalized medicinal cannabis came in 2014, when the state legalized medical CBD. The law was fairly restrictive and only allowed patients suffering from epilepsy access to CBD. Of course, that all changed with federal law in 2018 when hemp-derived CBD was legalized nationally with the Agriculture Improvement Act of 2018, also known as the 2018 Farm Bill.
The next push towards medical legalization came in 2020 when Kentucky’s House passed HB 136, a bill that would legalize medical marijuana in the state, by a vote of 65-30. Despite the substantial push from the Kentucky House, the bill died when the state’s senate took a recess before addressing it.
Now, the Kentucky House has taken up the issue of medical cannabis legalization once more. Unfortunately, it looks like history is on the brink of repeating itself, as the Kentucky Senate has stalled the bill again.
90% of Kentucky residents support medical marijuana legalization, and frustration is mounting. Kentucky’s governor, Andy Beshear, has stated that he may intervene on behalf of Kentucky’s citizens, considering the possibility of an executive order.
As of 2022, the consumption of cannabis is not legal for medicinal or recreational use in the state of Kentucky.
Cannabis Tax in Kentucky
Cannabis sales are currently illegal in Kentucky. However, should HB 136 pass and medical cannabis be legalized in the state, it would tax cultivators and processors at a rate of 12% on their sales to dispensaries. The legislation would not impose any sales tax on medical marijuana patients.
The tax revenue generated would go to fund the medical marijuana program itself as well as law enforcement, drug counseling and rehabilitation, and education efforts.
Is Cannabis Delivery Available in Kentucky?
NO, marijuana delivery is not available for either medicinal or recreational purposes in the state of Kentucky.
Where Can You Legally Use Weed in Kentucky?
Cannabis is not legal in Kentucky and cannot be legally consumed publicly or privately.
What are the Restrictions on Cannabis Possession in Kentucky?
It is currently illegal to possess cannabis under any circumstances in Kentucky.
Legislators attempted to pass medical cannabis legislation in 2022 with HB 136, but the bill failed to pass. Efforts are still underway to bring medical cannabis to Kentucky, and the stipulations in the failed HB 136 shed some light on what a KY medical marijuana program may look like when it eventually passes.
HB 136 would have allowed patients to possess a 10-day supply on their person or a 30-day supply at their residence, as prescribed by their physician. The bill wouldn’t have allowed for home cultivation or the smoking of cannabis, effectively limiting medical marijuana patients to other forms of consumption, including vaping, edibles, capsules, tinctures, and topicals.
Frequently Asked Questions About Marijuana in Kentucky
Is medical marijuana legal in Kentucky?
No. As of 2022, medical marijuana is not legal in Kentucky.
Can I get a medical marijuana card if I live in Kentucky?
Only if you also have a residence in another state where medical marijuana is legal, and only while in that state. Even so, you wouldn’t legally be able to bring your medication back to Kentucky.
When will medical marijuana become legal in Kentucky?
A legalization bill, like HB 136, would need to be signed into law before a date could be set. The current version of HB 136 would take effect in January 2023 if passed.
Can I grow cannabis in Kentucky?
No. Both possession and cultivation of marijuana are illegal in Kentucky. If HB 136 is passed in its current form, home cultivation would remain illegal.
Is CBD legal in Kentucky?
Yes. By federal law, hemp-derived CBD is legal everywhere in the United States.
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.
