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Tuesday, July 16, 2024

Is Weed Legal in Kentucky?

Key Takeaways:

  • Kentucky has recently legalized medical marijuana, but the program is still in the early stages of development.
  • The qualifying conditions for medical marijuana in Kentucky include chronic pain, epilepsy, cancer, and more.
  • Recreational marijuana is not legal in Kentucky.
  • Possession of marijuana can still lead to serious penalties, although first-time offenses may be considered misdemeanors.
  • Delta-8 THC and other hemp-derived forms of THC are legal in Kentucky.


Cannabis legalization is a growing trend in the United States, but there are still states that have not fully embraced marijuana. Kentucky is one of those states, but it has recently made progress in the legalization of medical marijuana. This article will explore the current marijuana laws in Kentucky, including the status of medical marijuana and the penalties for possession.

Is Kentucky Legalizing Weed?

Kentucky Governor Andy Beshear signed Senate Bill 47 on March 31, 2023, legalizing medical marijuana in the state. However, the program is still being developed, and it is expected to be fully operational by January 2025. While medical marijuana is now legal, it may take some time for dispensaries to be established and for patients to have access to cannabis.

Kentucky Marijuana Laws

Kentucky has a history of proposing and passing cannabis laws over the years. In 2023, Senate Bill 47 authorized medical cannabis in Kentucky and established regulations for the medical marijuana program. This allowed the Kentucky Center for Cannabis Research to add new conditions to the list of approved medical conditions, potentially expanding access to medical marijuana.

Is Weed Legal in Kentucky?

Currently, medical marijuana is legal in Kentucky for residents with qualifying conditions. Some of these conditions include chronic pain, epilepsy, cancer, and Crohn’s disease. However, the medical marijuana program is still in development, and dispensaries have not yet been opened. Possession and use of marijuana without proper documentation are still illegal in the state.

Kentucky Medical Marijuana

The medical marijuana program in Kentucky is expected to allow patients to possess a 10-day supply of cannabis and use it for their medical conditions. However, smoking flower will not be permitted, and other forms of cannabis, such as edibles and tinctures, will be available.

Kentucky Dispensaries

At present, there are no legal medical marijuana dispensaries open in Kentucky. As the program develops, formal applications for dispensaries will be accepted, and legal businesses will be able to sell medical marijuana to qualified patients.

First Time Possession Charge in Kentucky

Possession of marijuana can lead to serious penalties in Kentucky. Under KRS 218A.1415, possession of a controlled substance can be considered a Class D Felony, with a prison sentence of up to 3 years and a fine between $1,000 and $10,000. However, first-time possession charges may be considered misdemeanors, and in some cases, they can be expunged.

Is THC Legal in Kentucky?

THC extracted from hemp plants, which contain less than 0.3% THC, is considered legal in Kentucky under the 2018 Farm Bill. Delta-8 THC, delta-10 THC, and federally compliant delta-9 THC derived from hemp are also legal in the state.

Is Delta 8 Legal in Kentucky?

Delta-8 THC is legal in Kentucky, along with other hemp-derived forms of THC such as delta-10 THC and federally compliant delta-9 THC. These products are available for purchase in dispensaries that comply with state regulations.

Kentucky CBD Laws

Kentucky allows the cultivation of hemp for the production of CBD products. However, individuals who do not hold a license may not sell or market hemp-derived products.

Is Recreational Marijuana Legal in Kentucky?

No, recreational marijuana is not legal in Kentucky. The focus of the state has been on the legalization of medical marijuana, and recreational use has not been approved.


While Kentucky has taken a step towards marijuana legalization by legalizing medical marijuana, the program is still in its early stages. Residents with qualifying conditions now have the opportunity to access medical marijuana, but the infrastructure and resources necessary for a fully operational program are still being established. Recreational marijuana remains illegal in Kentucky, and possession of marijuana can lead to serious penalties. It is important for individuals to adhere to the current laws and regulations surrounding marijuana in the state.

Dr. Jen Chalmers
Dr. Jen Chalmers
Dr. Jen Chalmers is an accomplished writer and cannabis enthusiast. With a Ph.D. in Botany and years of experience as a researcher, she brings a scientific perspective to her captivating articles on cannabis news, recipes, and the fascinating world of psychedelics.

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