The legalization of marijuana is sweeping the nation. Every election cycle more and more states are electing to de-criminalize marijuana. Unfortunately, in Kentucky, marijuana is still very much a crime that can have a devastating impact on individuals across the Commonwealth. Below are the specific marijuana crimes in Kentucky. If you have been charged with any of these offenses, our experienced criminal defense team at Baldani, Rowland & Richardson can help you navigate the criminal system and fight to give you the best possible outcome for your case.
Trafficking in Marijuana
A person can be found guilty of trafficking in marijuana, defined in KRS 218A.1421, when:
- Trafficking in less than eight (8) ounces of marijuana
- Trafficking in eight (8) or more ounces but less than five (5) pounds of marijuana
- Trafficking in five (5) or more pounds of marijuana
The statute goes further and states if an individual is in the possession of eight (8) or more ounces of marijuana, the amount alone, shall be prima facie evidence that the person possessed the marijuana with the intent to sell or transfer it.
Trafficking Marijuana penalties range from a Class A misdemeanor, punishable by up to 12 months in jail, to a Class B felony, punishable by up to 10 to 20 years in prison.
Possession of Marijuana
A person can be found guilty of possession of marijuana, defined in KRS 218A.1422, when:
- A person is guilty of possession of marijuana when he or she knowingly and unlawfully possesses marijuana.
Possession of marijuana is punishable by up to 45 days in jail.
Cultivation of Marijuana
A person can be found guilty of cultivation of marijuana, defined in KRS 218A.1423, when:
- A person is guilty of marijuana cultivation when he knowingly and unlawfully plants, cultivates, or harvests marijuana with the intent to sell or transfer it.
Marijuana cultivation of five (5) or more plants of marijuana is:
(a) For a first offense a Class D felony. (1 to 5 years in prison)
(b) For a second or subsequent offense a Class C felony. (5 to 10 years in prison)
Marijuana cultivation of fewer than five (5) plants is:
(a) For a first offense a Class A misdemeanor. (up to 12 months in jail)
(b) For a second or subsequent offense a Class D felony. (1 to 5 years in prison)
The planting, cultivating, or harvesting of five (5) or more marijuana plants shall be prima facie evidence that the marijuana plants were planted, cultivated, or harvested for the purpose of sale or transfer.
Despite being legal in many states, marijuana is still illegal in the Commonwealth of Kentucky. If charged with a marijuana crime, our criminal defense will immediately get to work aggressively fighting for your rights. Please give us a call at (859) 259-0727 if you or a loved one have been charged with a marijuana crime or have any questions about marijuana laws in Kentucky.