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Marijuana Dispensaries, Delivery, and Doctors

Is Weed Legal in Kentucky?

Unfortunately, weed is not yet legal within the state of Kentucky. On February 20, 2020, the state’s house of representatives voted 65-30 to pass a medical cannabis bill. Sadly, because of the COVID-19 pandemic, the bill got pushed aside while the state became more concerned with the state’s budget before adjourning for the year in April. Although the state’s government wasn’t able to legalize medical cannabis this year, next year looks promising. There has not been a push for recreational legalization that has been successful in Kentucky, but stay tuned for updates!

Buying Marijuana in Kentucky

While the majority of Kentucky residents approve of medical marijuana use as well as Governor Matt Bevin, buying and possessing marijuana within the state is still a criminal offense.

Buying Marijuana at a Retail Location

Buying marijuana at a retail location is not possible at this point in time as cannabis is not legal within the state. As medical marijuana hopefully is legalized, we will update this page on any regulations for purchasing marijuana!

Using a Marijuana Delivery Service

Much like above, cannabis is still not legal within the state. This makes the delivery of marijuana highly illegal. The delivery of cannabis might even be considered trafficking in the eyes of the law which would potentially be deemed a felony. Please be wary of accepting cannabis via delivery within the state.

Store Hours

Cannabis is illegal within the state and there are no dispensaries to hold store hours. Please be sure to check back in for an updated answer concerning store hours after regulations have been put in place.

Purchasing Restrictions

The purchase of any cannabis or extract product is highly illegal within the state. If you purchase more than 8 oz of cannabis, the crime is deemed as a felony and is punishable by up to 5 years in jail and a $10,000 fine.

Available Products

There are currently no available products for sale with a THC content > .3%. The only available products for sale would be CBD oil, which has been federally legalized. CBD can be found at health stores or purchased online.

Taxes on Marijuana in Kentucky

Taxes on Recreational Marijuana in Kentucky

There are currently no taxes on recreational cannabis because cannabis has yet to be legalized within the state. If and when this changes, we will keep this page updated!

Taxes on Medical Marijuana in Kentucky

There are currently no taxes on medical cannabis because cannabis has yet to be legalized within the state. While cannabis is still illegal in Kentucky, there is a tax for people who possess more than 42.5 grams of cannabis. People who are in possession of more than 42.5 grams have to pay a $3.5 per gram tax. Failure to do so will result in an additional fine of 200% of the tax assessed to the contraband. There is another tax on people who grow weed illegally as well. If a person owns 5 or more plants, they must pay a $1,000 per plant tax. Failure to do so will result in the same fine as dictated above. These taxes are meant to further discourage illicit possession and cultivation of cannabis.

Possession

Possession of marijuana in Kentucky is illegal. Anyone caught possessing less than 8 oz of weed will be fined $250 and could be subject to 45 days in jail. Anything more will be deemed as a felony. Felony charges may vary greatly depending on the situation, but most felony charges of this type result in a $10,000 fine and 1-5 years of incarceration. Furthermore, a second possession offense will result in a felony.

Using Marijuana in Kentucky

Using marijuana in Kentucky is highly illegal. As stated before, the consequences of such actions have steep costs and a scary amount of time in jail It is best to avoid using marijuana at all costs in Kentucky at this time.

Smoking on Federal Lands

Regardless of the state, smoking weed on federal land is a federal crime because weed has not yet been legalized on a national level. Please refrain from consuming cannabis on federal lands or you will be subject to at least one year of incarceration and a $1000 fine for just possession alone!

Medical Marijuana in Kentucky

Medical marijuana is not yet legal within the state. There is hope for legalization in 2020, as the House of Representatives passed a bill legalizing medical marijuana before COVID-19 disrupted the process and the bill did not get signed. Stay posted for a version of the bill to be signed in the upcoming years and check back in with us to learn all you need to know about the state’s laws.

How to Get a Medical Marijuana Card in Kentucky

Medical marijuana is not legal in Kentucky currently. Consequently, obtaining a medical marijuana card is not a possibility. Once medical marijuana becomes legalized in the state, please be sure to check back in for detailed instructions on how to obtain a medical marijuana card of your own!

Out of State Medical Cards Kentucky

Without the legalization of medical marijuana in Kentucky, there is currently no opportunity to purchase marijuana with a medical card. Once medical marijuana becomes legal, we will then have accurate information regarding the reciprocity of medical cards for the state.

How to Transport Marijuana in Kentucky

Transporting Marijuana in Kentucky

Transporting marijuana in Kentucky is highly illegal. Because marijuana is illegal both federally and in the state, it is illegal to be in possession of marijuana of any amount within the state’s borders.

Driving While Under the Influence of Marijuana

By no means is it legal or okay to drive while under the influence of marijuana. Besides having impaired your motor functions, legally it is considered a DUI. Please refrain from driving impaired for your sake and other’s safety.

Driving Across State Lines with Marijuana

Despite legalization efforts, no one under any circumstances is allowed to drive across state lines with marijuana. As mentioned above, marijuana is still illegal in the US on a federal level.

Growing Marijuana in Kentucky

Growing marijuana is seen as a very serious criminal offense, more so than simply smoking or possessing cannabis. Growing marijuana is seen as manufacturing an attempt for sale. These charges easily can become felony charges- resulting in tremendous fines and up to 5 years in jail. In addition, the tax stamp fine will decimate your wallet. Be careful to not grow weed in excess or at all.

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Kentucky Passes Medical Cannabis Legislation

Madeline Colli

On February 20, 2020, the Kentucky House of Representatives succeeded in passing legislation that legalized medical marijuana. In the week prior, the Judiciary Committee voted on the bill with a vote of 65–30 in favor. With both branches of government in agreement, the legislation will advance to the Kentucky Senate.

Once the bill has been approved by the Senate, the legislation will be ratified into law, which will give patients access to medical cannabis. To be eligible, a patient must be certified as suffering from any of the conditions found on the state’s list of qualifying conditions. Medical marijuana legislation will also create governance in the program for rules to be developed and coordinate a list of medical conditions that would classify what individuals may be suffering from to acquire cannabis.

Through this legislation, smoking of cannabis would be prohibited and regulators will have to determine if cannabis edibles should be permitted. The current bill will allow a minimum of 25 dispensaries to sell medical marijuana (1).

Kentucky’s new legislation includes a provision that subjects the gross receipts of cannabis sales from a farmer to processor to dispensary with a tax of 9%. A general state medical marijuana trust fund would receive 80% of the tax proceeds, while the last 20% is to be distributed to regions where marijuana businesses are granted to operate.

Before the medical cannabis legislation was approved, lawmakers were able to pass several floor amendments which included:

• An amendment that prohibited the advertisement of medical marijuana businesses (2).
• A list of qualifying conditions that must comprise of illnesses such as: epilepsy, chronic pain, multiple sclerosis, vomiting, and nausea.
• If a patient has passed away, families are required to return any remaining products to the dispensaries within 10 days of their death.
• Law enforcement is allowed access to cannabis sales data from the licensed dispensaries.
• Medical professionals such as optometrists, dentists, and podiatrists are prohibited from prescribing or recommending medical marijuana to their patients.
• Marijuana vaping products are banned from being sold to individuals under 21 years of age.
• Hospitals are required to report occurrences when patients are diagnosed with cannabinoid hyperemesis syndrome (CHS).
• Selling medical marijuana to minors is prohibited and action will be taken against dispensaries who neglect this amendment.

Though many are in support of the medical marijuana legalization bill, it has received some friction in the Senate. Kentucky Governor Andy Beshear (D) believes that legalizing medical cannabis will help aide in the fight against the opioid crisis. Senate President, Robert Strivers (R), mentioned that although there is a chance of the bill being approved by the Senate, it is minimal (1).

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