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Marijuana

KRS 218A.1422 — possession is a Class B misdemeanor with no more than 45 days in jail

Possessing marijuana outside the medicinal cannabis law is a Class B misdemeanor, and the jail term is no greater than 45 days. The section does not apply to a cardholder or a cannabis business acting in compliance with KRS Chapter 218B.

  • KRS 218A.1422
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  • Cultivating five or more plants with intent to sell or transfer is a Class D felony on a first offense.
  • Fewer than five plants is a Class A misdemeanor on a first offense.
  • Five or more plants is evidence the plants were grown for sale or transfer.
  • KRS 218A.1423

After a possession conviction, a court may order an assessment and a treatment or recovery program of no more than ninety days, which the person registers for within five days of sentencing.

  • KRS 218A.276
Sources for this section (3)
  1. KRS 218A.1422 — Possession of marijuana -- Penalty -- Maximum term of incarceration
  2. KRS 218A.1423 — Marijuana cultivation -- Penalties
  3. KRS 218A.276 — Assessment and treatment program for possessors of marijuana, synthetic drugs, or salvia -- Rescission of treatment order -- Voiding of conviction -- Sealing of records

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Kentucky attorney.

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